Action for interfering with health care facility; attorney fees

(1) Irrespective of any criminal prosecution or the result thereof, a person or health care facility aggrieved by conduct prohibited by ORS 166.119 may bring a civil action against the person or group of persons engaging in the prohibited conduct, individually or jointly with other aggrieved persons, in the appropriate court for relief. (2) A plaintiff who prevails in a claim described in this section may recover: (a) Economic or noneconomic damages, as those terms are defined in ORS 31.705; (b) Statutory damages of $500 per day for each day that the prohibited conduct occurred for a plaintiff who is an individual, or $5,000 per day for each day that the prohibited conduct occurred for a plaintiff that is a health care facility; (c) Injunctive relief; (d) Reasonable attorney fees; and (e) Any other appropriate equitable relief. (3) In a proceeding on an action described in this section, the court shall take all steps reasonably necessary to safeguard the individual’s privacy and prevent harassment of a health care patient or health care provider who is a party to or witness in the proceeding, including granting protective orders and motions in limine when appropriate. (4) The following persons and entities qualify as aggrieved for the purposes of subsection (1) of this section: (a) A person, physically present at the health care facility when the prohibited conduct occurs, whose access is or is about to be obstructed or impeded; (b) A person, physically present at the health care facility when the prohibited conduct occurs, whose care is or is about to be disrupted; (c) The health care facility or an employee or agent of the health care facility; or (d) The owner of the health care facility or the building or property upon which the health care facility is located. (5) As used in this section: (a) “Health care facility” has the meaning given that term in ORS 166.119. (b) “Health care provider” has the meaning given that term in ORS 166.119.