50-16-546: Digital health care information -- confidentiality -- penalties -- additional requirements -- definition.

(1) A mental health digital service is subject to the disclosure and confidentiality provisions of Title 50, chapter 16, part 5, when handling health care information as defined in 50-16-504 on behalf of an individual.

(2) A violation of this section may be enforced as provided in 50-16-552, and a person whose information is disclosed in violation of Title 50, chapter 16, part 5, may pursue the remedies allowed in 50-16-553.

(3) "Mental health digital service" means a mobile-based application or internet website that:

(a) collects, obtains, uses, possesses, or accesses information related to an individual's inferred or diagnosed mental health or substance use disorder;

(b) markets itself as facilitating mental health or substance use disorder services to an individual; and

(c) uses the information provided to facilitate mental health services, including diagnosis, treatment, suggested therapies, and management of the mental health or substance use disorder for an individual.