House Bill 397 aims to enhance privacy protections for individuals using mental health digital services by establishing confidentiality standards and outlining penalties for noncompliance. The bill specifies that mental health digital services, which include mobile applications and websites that collect or use information related to an individual's mental health or substance use disorder, must adhere to the disclosure and confidentiality provisions outlined in Title 50, chapter 16, part 5. It also allows individuals whose information is improperly disclosed to seek remedies as provided in the existing law.

Additionally, the bill defines "mental health digital service" and clarifies that these services must not only collect and use sensitive information but also market themselves as providers of mental health or substance use disorder services. The language of the bill includes a minor deletion and insertion to ensure clarity in the definition of these services. Overall, the legislation seeks to protect the privacy of individuals engaging with digital mental health resources while providing a framework for accountability in case of violations.