Delaware § 718 Enforcement of subchapter

Delaware Statutes

§ 718 — Enforcement of subchapter

Delaware·Title 16·Part Regulatory Provisions Concerning Public Health·Ch. 7 SEXUALLY TRANSMITTED DISEASES·Subch. HIV Testing and Counseling

(a)Any person aggrieved by a violation of this subchapter shall have a right of action in the Superior Court and may recover for each violation:

(1)Against any person who negligently violates a provision of this subchapter, damages of $1,000 or actual damages, whichever is greater.

(2)Against any person who intentionally or recklessly violates a provision of this subchapter, damages of $5,000 or actual damages, whichever is greater.

(3)Reasonable attorneys’ fees.

(4)Such other relief, including an injunction, as a court may deem appropriate.

(b)Any action under this subchapter is barred unless the action is commenced within 3 years after the cause of action accrues. A cause of action will accrue when the injured party becomes aware of an unauthorized disclosure pursuant to § 717

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(a) Any person aggrieved by a violation of this subchapter shall have a right of action in the Superior Court and may recover for each violation:

(1) Against any person who negligently violates a provision of this subchapter, damages of $1,000 or actual damages, whichever is greater.

(2) Against any person who intentionally or recklessly violates a provision of this subchapter, damages of $5,000 or actual damages, whichever is greater.

(3) Reasonable attorneys’ fees.

(4) Such other relief, including an injunction, as a court may deem appropriate.

(b) Any action under this subchapter is barred unless the action is commenced within 3 years after the cause of action accrues. A cause of action will accrue when the injured party becomes aware of an unauthorized disclosure pursuant to § 717 of this title, or that an HIV-related test has been conducted without informed consent pursuant to § 715 of this title.

(c) The Attorney General may maintain a civil action to enforce this subchapter in which a Court may order any relief authorized by subsection (a) of this section.

(d) Nothing in this subchapter shall be construed to impose civil liability or criminal sanction for disclosure of an HIV-related test result in accordance with any reporting requirement by the Division.

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