§ 90-113.75. Civil penalties; other remedies; immunity from liability. - North Carolina Statutes

§ 90‑113.75.  Civil penalties; other remedies;immunity from liability.

(a)        A person who intentionally, knowingly, or negligentlyreleases, obtains, or attempts to obtain information from the system inviolation of a provision of this section or a rule adopted pursuant to thissection shall be assessed a civil penalty not to exceed five thousand dollars($5,000) per violation. The clear proceeds of penalties assessed under thissection shall be deposited to the Civil Penalty and Forfeiture Fund in accordancewith Article 31A of Chapter 115C of the General Statutes.

(b)        In addition to any other remedies available at law, anindividual whose prescription information has been disclosed in violation ofthis section may bring an action against any person or entity who hasintentionally, knowingly, or negligently released confidential information orrecords concerning the individual for either or both of the following:

(1)        Nominal damages of one thousand dollars ($1,000). In orderto recover damages under this subdivision, it shall not be necessary that theplaintiff suffered or was threatened with actual damages.

(2)        The amount of actual damages, if any, sustained by theindividual.

(c)        A health care provider licensed, or an entity permittedunder this Chapter that, in good faith, makes a report or transmits datarequired by this Article is immune from civil or criminal liability that mightotherwise be incurred or imposed as a result of making the report ortransmitting the data. (2005‑276, s.10.36(a).)