50-16-1013. Civil remedy. (1) A person aggrieved by a violation of this part has a right of action in the district court and may recover for each violation:
(a) against a person who negligently violates a provision of this part, damages of $5,000 or actual damages, whichever is greater;
(b) against a person who intentionally or recklessly violates a provision of this part, damages of $20,000 or actual damages, whichever is greater;
(c) reasonable attorney fees; and
(d) other appropriate relief, including injunctive relief.
(2) An action under this section must be commenced within 3 years after the cause of action accrues.
(3) The department may maintain a civil action to enforce this part in which the court may order any relief permitted under subsection (1).
(4) Nothing in this section limits the rights of a subject of an HIV diagnostic test to recover damages or other relief under any other applicable law or cause of action.
(5) Nothing in this part may be construed to impose civil liability or criminal sanctions for disclosure of an HIV diagnostic test result in accordance with any reporting requirement for a diagnosed case of AIDS or an HIV-related condition by the department or the U.S. department of health and human services, centers for disease control and prevention.
History: En. Sec. 7, Ch. 614, L. 1989; amd. Sec. 5, Ch. 544, L. 1991; amd. Sec. 8, Ch. 362, L. 2009.
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