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126-25
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
