§ 2783 — Penalties; immunities

§ 2783. Penalties; immunities. 1. Any person who shall:\n (a) perform, or permit or procure the performance of, an HIV related\ntest in violation of section twenty-seven hundred eighty-one of this\narticle; or\n (b) disclose, or compel another person to disclose, or procure the\ndisclosure of, confidential HIV related information in violation of\nsection twenty-seven hundred eighty-two of this article; shall be\nsubject to a civil penalty not to exceed five thousand dollars for each\noccurrence. Such penalty may be recovered in the same manner as the\npenalty provided in section twelve of this chapter.\n 2. Any person who willfully commits an act enumerated in subdivision\none of this section shall be guilty of a misdemeanor and subject to the\npenalties provided in section twelve-b of this chapter.\n 3. There shall be no criminal sanction or civil liability on the part\nof, and no cause of action for damages shall arise against any\nphysician, his or her employer, or a physician's designated agent, or\nhealth facility or health care provider with which the physician is\nassociated, or public health officer, on account of:\n (a) the failure to disclose confidential HIV related information to a\ncontact or person authorized pursuant to law to consent to health care\nfor a protected individual; or\n (b) the disclosure of confidential HIV related information to a\ncontact or person authorized pursuant to law to consent to health care\nfor a protected individual, when carried out in compliance with this\narticle; or\n (c) the disclosure of confidential HIV related information to any\nperson, agency, or officer authorized to receive such information, when\ncarried out in good faith and without malice, and in compliance with the\nprovisions of this article; or\n (d) the municipal health commissioner or district health officer's\nfailure to notify contacts pursuant to this chapter.\n 4. Any cause of action to recover damages based on a failure to\nprovide information, explanations, or counseling prior to the execution\nof a written informed consent, or based on a lack of informed consent in\nthe ordering or performance of an HIV related test in violation of this\narticle shall be governed by the provisions of section two thousand\neight hundred five-d of this chapter.\n