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69th Legislature 2025 HB 796
- 1 - Authorized Print Version – HB 796
ENROLLED BILL
AN ACT REVISING LAWS RELATED TO COMPULSORY HEALTH CARE SHARING OF RECORDS;
CLARIFYING THAT A PROFESSIONAL LICENSING BOARD OR PROGRAM MAY REQUEST HEALTH
CARE INFORMATION PURSUANT TO AN ADMINISTRATIVE SUBPOENA FOR INVESTIGATIVE AND
DISCIPLINARY PURPOSES; AND AMENDING SECTIONS 50-16-535 AND 50-16-811, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 50-16-535, MCA, is amended to read:
"50-16-535. When health care information available by compulsory process. (1) Health care
information may not be disclosed by a health care provider pursuant to compulsory legal process or discovery
in any judicial, legislative, or administrative proceeding unless:
(a) the patient has authorized in writing the release of the health care information in response to
compulsory process or a discovery request;
(b) the patient has waived the right to claim confidentiality for the health care information sought;
(c) the patient is a party to the proceeding and has placed the patient's physical or mental
condition in issue;
(d) the patient's physical or mental condition is relevant to the execution or witnessing of a will or
other document;
(e) the physical or mental condition of a deceased patient is placed in issue by any person
claiming or defending through or as a beneficiary of the patient;
(f) a patient's health care information is to be used in the patient's commitment proceeding;
(g) the health care information is for use in any law enforcement proceeding or investigation in
which a health care provider is the subject or a party, except that health care information so obtained may not
be used in any proceeding against the patient unless the matter relates to payment for the patient's health care
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69th Legislature 2025 HB 796
- 2 - Authorized Print Version – HB 796
ENROLLED BILL
or unless authorized under subsection (1)(j);
(h) the health care information is relevant to a proceeding brought under 50-16-551 through 50-16-
553;
(i) the health care information is relevant to a proceeding brought under Title 41, chapter 3;
(j) a court has determined that particular health care information is subject to compulsory legal
process or discovery because the party seeking the information has demonstrated that there is a compelling
state interest that outweighs the patient's privacy interest; or
(k) the health care information is requested pursuant to an investigative subpoena issued under
46-4-301 or a similar federal law; or
(l) the health care information is requested pursuant to an administrative subpoena as required in
investigative and disciplinary proceedings before a professional or occupational licensing board as defined in
37-1-302 or license program as defined in 37-1-401.
(2) This part does not authorize the disclosure of health care information by compulsory legal
process or discovery in any judicial, legislative, or administrative proceeding in which disclosure is otherwise
prohibited by law."
Section 2. Section 50-16-811, MCA, is amended to read:
"50-16-811. When health care information available by compulsory process. (1) Health care
information may not be disclosed by a health care provider pursuant to compulsory legal process or discovery
in any judicial, legislative, or administrative proceeding unless:
(a) the patient has authorized in writing the release of the health care information in response to
compulsory process or a discovery request;
(b) the patient has waived the right to claim confidentiality for the health care information sought;
(c) the patient is a party to the proceeding and has placed the patient's physical or mental
condition in issue;
(d) the patient's physical or mental condition is relevant to the execution or witnessing of a will or
other document;
(e) the physical or mental condition of a deceased patient is placed in issue by any person
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69th Legislature 2025 HB 796
- 3 - Authorized Print Version – HB 796
ENROLLED BILL
claiming or defending through or as a beneficiary of the patient;
(f) a patient's health care information is to be used in the patient's commitment proceeding;
(g) the health care information is for use in any law enforcement proceeding or investigation in
which a health care provider is the subject or a party, except that health care information so obtained may not
be used in any proceeding against the patient unless the matter relates to payment for the patient's health care
or unless authorized under subsection (1)(i);
(h) a court has determined that particular health care information is subject to compulsory legal
process or discovery because the party seeking the information has demonstrated that there is a compelling
state interest that outweighs the patient's privacy interest;
(i) the health care information is requested pursuant to an investigative subpoena issued under
46-4-301 or similar federal law; or
(j) the health care information is requested pursuant to an administrative subpoena as required in
investigative and disciplinary proceedings before a professional or occupational licensing board as defined in
37-1-302 or license program as defined in 37-1-401; or
(j)(k) the patient is deceased and the coroner requires the health care information for the
investigation of the death as provided in Title 46, chapter 4, part 1.
(2) This part does not authorize the disclosure of health care information by compulsory legal
process or discovery in any judicial, legislative, or administrative proceeding where disclosure is otherwise
prohibited by law."
- END -
I hereby certify that the within bill,
HB 796, originated in the House.
___________________________________________
Chief Clerk of the House
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
HOUSE BILL NO. 796
INTRODUCED BY G. OBLANDER
AN ACT REVISING LAWS RELATED TO COMPULSORY HEALTH CARE SHARING OF RECORDS;
CLARIFYING THAT A PROFESSIONAL LICENSING BOARD OR PROGRAM MAY REQUEST HEALTH CARE
INFORMATION PURSUANT TO AN ADMINISTRATIVE SUBPOENA FOR INVESTIGATIVE AND
DISCIPLINARY PURPOSES; AND AMENDING SECTIONS 50-16-535 AND 50-16-811, MCA.