Iowa Code 141A.11 – Remedies
Current as of: 2023 | Check for updates
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1. A person aggrieved by a violation of this chapter shall have a right of civil action for damages in district court.
Attorney's Note
Under the Iowa Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Aggravated misdemeanor | up to 2 years | between $855 and $8,540 |
Terms Used In Iowa Code 141A.11
- AIDS: means acquired immune deficiency syndrome as defined by the centers for disease control and prevention of the United States department of health and human services. See Iowa Code 141A.1
- Care provider: means an individual who is trained and authorized by federal or state law to provide health care services or services of any kind in the course of the individual's official duties, for compensation or in a voluntary capacity, who is a health care provider, emergency medical care provider as defined in section 147A. See Iowa Code 141A.1
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the Iowa department of public health. See Iowa Code 141A.1
- HIV-related test: means a diagnostic test conducted by a laboratory approved pursuant to the federal Clinical Laboratory Improvement Amendments for determining the presence of HIV or antibodies to HIV. See Iowa Code 141A.1
- Person: means a natural person. See Iowa Code 154A.1
- United States: includes all the states. See Iowa Code 4.1
2. A care provider who intentionally or recklessly makes an unauthorized disclosure under this chapter is subject to a civil penalty of one thousand dollars.
3. A person who violates a confidentiality requirement of section 141A.5 is guilty of an aggravated misdemeanor.
4. A civil action under this chapter is barred unless the action is commenced within two years after the cause of action accrues.
5. The attorney general may maintain a civil action to enforce this chapter.
6. This chapter does not limit the rights of the subject of an HIV-related test to recover damages or other relief under any other applicable law.
7. This chapter shall not be construed to impose civil liability or criminal sanctions for disclosure of HIV-related test results in accordance with any reporting requirement for a diagnosed case of AIDS or a related condition by the department or the centers for disease control and prevention of the United States department of health and human services.