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Montana bill would create confidential ‘safe‑haven’ support for health professionals; regulator warns board access at risk
Summary
Sen. Wendy McCamey’s SB 497 would allow licensed health professionals to seek confidential, association‑run counseling and coaching, with immunity and evidence privilege to reduce burnout. The Department of Labor cautioned the measure could limit boards’ ability to act on safety concerns and urged more stakeholder work.
Senator Wendy McCamey, sponsor of Senate Bill 497, told the Senate Business, Labor and Economic Affairs Committee the bill is designed to remove legal and regulatory barriers that keep physicians, nurses and other licensed health professionals from seeking early mental‑health care.
"This bill addresses 3 things," McCamey said, describing confidentiality, immunity and privilege as the measure’s core elements to allow professionals to seek help without immediate licensure jeopardy. Proponents from the Montana Medical Association, the Montana Nurses Association, NAMI Montana and practicing physicians said clinicians delay care because of licensure reporting requirements and stigma. Jean Branscomb, CEO of the Montana Medical Association, told the committee SB 497 is a "workforce bill" that aims to keep clinicians practicing by offering a vetted, confidential program for early help.
Supporters pointed to survey results and local program experience to argue the model increases participation and prevents downstream harm. "Without the safe haven, people will not continue talking," McCamey said, urging the committee to allow confidential consultations that would not automatically generate licensure reports unless evaluators determine an individual is unsafe to practice.
Department of Labor and Industry Commissioner Sarah Swanson opposed the bill "as written," saying it was not ready for passage because it could constrain boards whose statutory duty is public safety. Swanson outlined Montana’s licensing statutes and investigative process and said current data show boards act on fewer than 2% of disclosures; she described concerns that the bill’s registration or confidentiality provisions could prevent timely board intervention where patient safety is at risk.
Committee members pressed proponents and agency staff on operational details: who decides when a clinician is "not competent to continue to practice," how the program would interface with existing medical assistance programs, and whether the model aligns with other states' laws. Proponents pointed to programs in other states and peer‑review privileges as legal analogs, while the Department recommended further consensus work with boards and clarified that reporting would still be required where evaluators find practitioners pose a danger.
The hearing concluded with the sponsor saying she would work with the Department of Labor and others to refine reporting thresholds and implementation mechanics. No formal action was recorded in the hearing.
