Committee clears bill to confirm licensing boards can obtain health records under subpoena consistent with HIPAA
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Summary
House Bill 796 would clarify that professional licensing boards and programs may request health‑care information under administrative subpoena for investigatory and disciplinary purposes; the Department of Labor and Industry, medical societies and licensing staff supported the change as aligning Montana statute with HIPAA health‑oversight rules.
Quinlan O’Connor, chief legal counsel to the Department of Labor and Industry, and representatives of licensing boards told the committee House Bill 796 clarifies an area of uncertainty in state law and authorizes health‑care providers to respond to administrative subpoenas from licensing boards consistent with HIPAA’s health‑oversight exemption.
O’Connor said the change simply resolves ambiguity and enables occupational licensing boards — which oversee a broad range of professions — to obtain medical records for review in disciplinary investigations and protect patient safety.
The Montana Medical Association and licensing staff testified in favor, saying the bill provides needed clarity and supports the boards’ duty to evaluate standard of care. No opponents appeared at the hearing.
Executive action: The committee voted the bill out of committee by voice vote; committee staff reported the bill draft updates two sections identified during earlier review and that language had been coordinated with the defense bar.
Ending: Sponsors asked the committee for due pass; supporters said clarifying the authority would improve disciplinary review and protect patients.