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.
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