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