70.24.084 - Violations of chapter -- Aggrieved persons -- Right of action.

Violations of chapter — Aggrieved persons — Right of action.

(1) Any person aggrieved by a violation of this chapter shall have a right of action in superior court and may recover for each violation:

     (a) Against any person who negligently violates a provision of this chapter, one thousand dollars, or actual damages, whichever is greater, for each violation.

     (b) Against any person who intentionally or recklessly violates a provision of this chapter, ten thousand dollars, or actual damages, whichever is greater, for each violation.

     (c) Reasonable attorneys' fees and costs.

     (d) Such other relief, including an injunction, as the court may deem appropriate.

     (2) Any action under this chapter is barred unless the action is commenced within three years after the cause of action accrues.

     (3) Nothing in this chapter limits the rights of the subject of a test for a sexually transmitted disease to recover damages or other relief under any other applicable law.

     (4) Nothing in this chapter may be construed to impose civil liability or criminal sanction for disclosure of a test result for a sexually transmitted disease in accordance with any reporting requirement for a diagnosed case of sexually transmitted disease by the department or the centers for disease control of the United States public health service.

     (5) It is a negligent violation of this chapter to cause an unauthorized communication of confidential sexually transmitted disease information by facsimile transmission or otherwise communicating the information to an unauthorized recipient when the sender knew or had reason to know the facsimile transmission telephone number or other transmittal information was incorrect or outdated.

[2001 c 16 § 1; 1999 c 391 § 4; 1988 c 206 § 914.]

Notes: Findings -- Purpose -- 1999 c 391: See note following RCW 70.05.180.