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Judge suspends Kentucky law banning home test kits. Clearinghouse, AIDS Newsletter Database, P.O. Box 6003, Rockville, MD 20849-6003. 800-458-5231 ext. 5714. A fee will apply.


AIDS Policy Law. 1997 Jun 13;12(11):9, 11. Unique Identifier : AIDSLINE

Franklin County (Kentucky) Court Judge William Graham signed an order temporarily barring the State from enforcing a statute that bans the marketing or sale of home HIV test kits. Home Access Health Corporation sought the injunction after it learned of the existence of a law making it a felony for anyone to sell, distribute, or advertise home HIV test kits in the State. Home Access kits are carried in more than 16,000 retail outlets nationwide. The injunction will remain in effect until the court determines whether the statute is preempted by the Food, Drug, and Cosmetic Act, which prohibits States from adopting different or additional standards for devices approved by the FDA. Many States retain laws that are at odds with the FDA's home-testing protocol.

*Health Services Accessibility/LEGISLATION & JURISPRUD *HIV Seropositivity/DIAGNOSIS *Reagent Kits, Diagnostic


Information in this article was accurate in October 30, 1997. The state of the art may have changed since the publication date. This material is designed to support, not replace, the relationship that exists between you and your doctor. Always discuss treatment options with a doctor who specializes in treating HIV.