Montana Code 50-16-1013. Civil remedy
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:
Terms Used In Montana Code 50-16-1013
- AIDS: means acquired immune deficiency syndrome as further defined by the department in accordance with standards promulgated by the U. See Montana Code 50-16-1003
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-16-1003
- HIV: means the human immunodeficiency virus, identified as the causative agent of AIDS, and all HIV and HIV-related viruses that damage the cellular branch of the human immune or neurological systems and leave the infected person immunodeficient or neurologically impaired. See Montana Code 50-16-1003
- HIV diagnostic test: means a test approved by the federal food and drug administration, including but not limited to an enzyme immunoassay and a western blot, that is designed to detect the presence of HIV or antibodies to HIV. See Montana Code 50-16-1003
- HIV-related condition: means a chronic disease resulting from infection with HIV, including but not limited to AIDS and asymptomatic seropositivity for HIV. See Montana Code 50-16-1003
- Person: means an individual, corporation, organization, or other legal entity. See Montana Code 50-16-1003
(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.