Arizona Laws 36-850.02. Organ transplant; discrimination; violation; civil action
A. If an individual believes that a health care provider or health care facility has violated or is violating Section 36-850.01, the affected individual may commence a civil action for injunctive and other equitable relief against the health care provider or health care facility for the purposes of enforcing compliance with that section. The action may be brought in the superior court in the county where the affected individual resides or resided or was denied the organ transplant or referral.
Terms Used In Arizona Laws 36-850.02
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Docket: A log containing brief entries of court proceedings.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Recipient: means an individual into whose body a decedent's part has been or is intended to be transplanted. See Arizona Laws 36-841
- United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
B. In an action brought under this section, the court shall give the action priority on its docket and expedited review, and may grant injunctive or other equitable relief, including any of the following:
1. Requiring auxiliary aids or services to be made available for a qualified recipient.
2. Requiring the modification of a policy, practice or procedure of the health care provider or health care facility.
3. Requiring that health care facilities be made readily accessible to and usable by a qualified recipient.
C. This section does not limit or replace available remedies under the Americans with disabilities act of 1990, as amended (42 United States Code §§ 12101 through 12213), or any other applicable law.
D. This section does not create a right to compensatory or punitive damages against a health care provider or health care facility.