Montana legislation · 2025 Regular Session
Montana HB653: Provide for parental right to access child's health care information
Status: Failed, May 20, 2025
What the bill says
A bill for an act entitled: "an act generally revising access by parents to a child's health care information; eliminating the exclusive right of a consenting child to enforce violations of health care information privacy by providers who are not subject to the health insurance portability and accountability act; amending sections 40-6-702 and 50-16-521, mca; and providing an immediate effective date.".
From the engrossed text:
A BILL FOR AN ACT ENTITLED: "AN ACT GENERALLY REVISING ACCESS BY PARENTS TO A CHILD'S HEALTH CARE INFORMATION; ELIMINATING THE EXCLUSIVE RIGHT OF A CONSENTING CHILD TO ENFORCE VIOLATIONS OF HEALTH CARE INFORMATION PRIVACY BY PROVIDERS WHO ARE NOT SUBJECT TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT; AMENDING SECTIONS 40-6-702 AND 50-16-521, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA: Section 1. Section 40-6-702, MCA, is amended to read: "40-6-702. Medical care for children -- right of access to health care information by parent. (1) (a) Except as otherwise provided by Title 41, chapter 1, part 4, or court order, a person, corporation, association, organization, state-supported institution, or individual employee of a corporation, association, organization, or state-supported institution may (ii) procure, solicit to perform, arrange to perform, or perform a physical examination on a child; (iii) prescribe or dispense a prescription drug to a child; (iv) procure, solicit to perform, arrange to perform, or perform a mental health evaluation in a clinical or nonclinical setting on a child; or (v) procure, solicit to perform, arrange to perform, or perform a mental health treatment on a child. (b) The prohibitions in subsection (1)(a) do not apply if the parent of the child has provided consent for the medical care …
Sponsors
- Nicol, Nelly (R, 53) · primary sponsor
Latest actions
- : (H) Died in Process
- : (H) Missed Deadline for General Bill Transmittal
- : (H) 2nd Reading
- : (H) Scheduled for 2nd Reading
- : (H) Committee Report
- : (H) Committee Executive Action
- : (H) Hearing
- : (H) 1st Reading
- : (H) Referred to Committee
- : (H) Introduced
Votes
- Do Pass (March 5, 2025): 32 yea, 66 nay, failed
Subjects: Privacy, Minors, Safety, Health Care Services, Health
Common questions
- What is HB653?
- HB653 is a bill in the Montana Legislature (2025 Regular Session): Provide for parental right to access child's health care information.
- What does HB653 do?
- In its own words: A bill for an act entitled: "an act generally revising access by parents to a child's health care information; eliminating the exclusive right of a consenting child to enforce violations of health care information privacy by providers who are not subject to the health insurance portability and accountability act; amending sections 40-6-702 and 50-16-521, mca; and providing an immediate effective date.".
- What is the status of HB653?
- Failed as of May 20, 2025. Latest action: (H) Died in Process (May 20, 2025).
- Who sponsored HB653?
- Nicol, Nelly (R, 53).
- Where is the official record for HB653?
- On the Montana Legislature website: https://bills.legmt.gov/#/laws/bill/2/LC3079
Source: official Montana record. Tracked by Delilah, AI for legislation across all 50 states and Congress.