§ 23-95-5. Enforcement.
(a) Whenever it appears that a covered entity has violated or is violating any of the provisions of this chapter, the affected individual may commence a civil action for injunctive and other equitable relief against the covered entity for purposes of enforcing compliance with this chapter. The action may be brought in the district court for the county where the affected individual resides or resided or was denied the organ transplant or referral.
(b) In an action brought under this chapter, the court must give priority on its docket and expedited review, and may grant injunctive or other equitable relief, including:
(1) Requiring auxiliary aids or services to be made available for a qualified recipient;
(2) Requiring the modification of a policy, practice or procedure of a covered entity; or
(3) Requiring facilities be made readily accessible to and usable by a qualified recipient.
(c) Nothing in this chapter is intended to limit or replace available remedies under the Americans with Disabilities Act of 1990, as amended by the ADA Amendments Act of 2008 or any other applicable law.
(d) This chapter does not create a right to compensatory or punitive damages against a covered entity.
History of Section.
P.L. 2021, ch. 109, § 2, effective June 30, 2021; P.L. 2021, ch. 133, § 2, effective
June 30, 2021.