In Iowa, there are many conflicting views as to whether home AIDS tests may be sold. Of the two FDA-approved AIDS home tests on the market, Confide and HomeAccess, only Confide is sold in Iowa.

Walgreens and Wal-Mart, two local stores in Ames that sell pharmaceutical products, have different views on the sale of home AIDS tests. Wal-Mart sells Confide in its stores.

“Up until a month ago it was illegal to sell them. We got the OK to sell them,” said a technician from the Ames-area Wal-Mart, Michelle Urban.

On the other hand, Walgreens received a shipment of AIDS home tests but had to send them back.

“We were told by our corporate office that we could not sell them in our store,” said Ames-area Walgreens employee, John Meyer. Meyer said there is an Iowa law that prohibits AIDS home tests, basically because the testing is done at home.

“We had the tests mailed to us, but we had to mail them back,” he said.

Until the FDA clearly defines what is approved where home AIDS tests are concerned, there will be conflicting views as to what is or is not legal to sell in stores.

“There is a law that prohibits the sale of home AIDS tests. The home HIV-testing kits cannot be sold. It says you cannot sell them or advertise them,” said Mark Lambert, staff attorney to Planned Parenthood of Greater Iowa.

Lambert said the FDA approved both of the test kits for sale. The Iowa Board of Pharmacy Examiners regulates the distribution of drugs.

He said the board is also given the responsibility to enforce the laws that pertain to the kits.

“There is a question in the Confide home tests. These are really home blood-collecting kits. These kits do not fall under the literal language of the law. Wal-Mart sells Confide. It is the question for the state to decide which tests are sold,” Lambert said.

Terri Witowski, an administrative assistant with the Iowa Board of Pharmacy Examiners, said it is illegal to sell AIDS home test kits in Iowa.

“Iowa code still says that tests are still illegal in Iowa. Nothing is defined in the Iowa code,” Witowski said.

According to the HomeAccess Health Corporation, the federal law, as of now, does have authority over the state code.

“Our FDA approval comes with an extension over state law,” said the Director of Communications with the HomeAccess Health Corporation, Kevin Johnson.

Johnson said federal law has authority over the state code. In the meantime, Johnson said the company has agreed to keep their products off the shelves in Iowa until the FDA makes a formal declaration that clearly outlines what is approved.

If anyone wants a test in Iowa, HomeAccess Health Corporation is selling them directly from the company.