Committee clarifies boards’ authority to subpoena health records for licensing investigations (HB 796)

Representative Oblander introduced House Bill 796, which updates Montana licensing statutes to clarify that professional licensing boards and programs may request health‑care information pursuant to an administrative subpoena for investigative or disciplinary purposes.

Nut graf: The change is technical and intended to align state statute with federal HIPAA health‑oversight exemptions so that licensing boards can obtain patient records needed to determine whether a provider met the standard of care.

Quinlan O’Connor, chief legal counsel for the Department of Labor and Industry, told the committee the bill ‘‘solves’’ ambiguity that had left some providers uncertain whether they could release medical records to boards responding to an administrative subpoena. ‘‘This is functionally a cleanup bill,’’ O’Connor said. He added boards oversee many license types and at times need clinical records to decide whether to discipline practitioners and protect patient safety.

The Montana Medical Association supported the bill and said clarity will help boards and providers comply with both state law and HIPAA’s health‑oversight exemptions. Jori Quinlan, an attorney who defends health‑care providers, said the change also protects providers by allowing them to respond to complaints with relevant records.

Action: Committee advanced House Bill 796 on a voice vote; staff and proponents said the draft had been coordinated with defense counsel and boards.

Ending: The committee’s action packaged a technical, consensus change for the House floor; committee staff flagged no substantive fiscal impact and said the change should preserve existing investigatory practice while removing statutory ambiguity.