126.25 - HUMAN IMMUNODEFICIENCY VIRUS HOME TESTING KITS -- PROHIBITION -- PENALTIES. - Iowa Statutes

126.25 HUMAN IMMUNODEFICIENCY VIRUS HOME TESTING KITS -- PROHIBITION -- PENALTIES. 1. A person shall not advertise for sale, offer for sale, or sell in this state a home testing kit for human immunodeficiency virus antibody or antigen testing. The Iowa department of public health, in consultation with the board, shall adopt rules to establish what constitutes a home testing kit for the purposes of this section. 2. A person who violates this section is guilty of a class "D" felony. 3. The board may seek relief pursuant to section 126.4 restraining any person from violating the provisions of this section. In addition to granting a temporary or permanent injunction, the court may impose a civil penalty not to exceed forty thousand dollars per violation of this section. 4. In addition to other remedies provided for in this chapter, the court may impose a civil penalty of not more than five thousand dollars for each day of intentional violation of a temporary restraining order, preliminary injunction, or permanent injunction issued under authority of this section. 5. The board may refer available evidence concerning a possible violation of this section to the attorney general. The attorney general, with or without such a referral, may institute appropriate criminal proceedings or may refer the case to the appropriate county attorney. 6. This section does not apply to a newspaper or other print medium in which the advertisement appears, or to a broadcast station or other electronic medium which disseminates the advertisement unless the medium knowingly violates this section. A person who sells home testing kits for human immunodeficiency virus antibody or antigen testing shall not cause advertising of the kits to appear in this state from a location outside this state where such advertising is not prohibited without prominently indicating in the advertisement that the sale of the kits is void in this state.          Section History: Recent Form 88 Acts, ch 1231, § 1 C89, § 203A.21 89 Acts, ch 197, § 26 CS89, § 203B.25 C93, § 126.25 97 Acts, ch 21, § 1