§ 2783. Penalties; immunities. 1. Any person who shall:

(a) perform, or permit or procure the performance of, an HIV related
test in violation of section twenty-seven hundred eighty-one of this
article; or

(b) disclose, or compel another person to disclose, or procure the
disclosure of, confidential HIV related information in violation of
section twenty-seven hundred eighty-two of this article; shall be
subject to a civil penalty not to exceed five thousand dollars for each
occurrence. Such penalty may be recovered in the same manner as the
penalty provided in section twelve of this chapter.

2. Any person who willfully commits an act enumerated in subdivision
one of this section shall be guilty of a misdemeanor and subject to the
penalties provided in section twelve-b of this chapter.

3. There shall be no criminal sanction or civil liability on the part
of, and no cause of action for damages shall arise against any
physician, his or her employer, or a physician's designated agent, or
health facility or health care provider with which the physician is
associated, or public health officer, on account of:

(a) the failure to disclose confidential HIV related information to a
contact or person authorized pursuant to law to consent to health care
for a protected individual; or

(b) the disclosure of confidential HIV related information to a
contact or person authorized pursuant to law to consent to health care
for a protected individual, when carried out in compliance with this
article; or

(c) the disclosure of confidential HIV related information to any
person, agency, or officer authorized to receive such information, when
carried out in good faith and without malice, and in compliance with the
provisions of this article; or

(d) the municipal health commissioner or district health officer's
failure to notify contacts pursuant to this chapter.

4. Any cause of action to recover damages based on a failure to
provide information, explanations, or counseling prior to the execution
of a written informed consent, or based on a lack of informed consent in
the ordering or performance of an HIV related test in violation of this
article shall be governed by the provisions of section two thousand
eight hundred five-d of this chapter.