San Francisco Supervisors pass HIV testing legislation

By Angela Hokanson, Bay City News Service

June 21, 2006

SAN FRANCISCO (BCN) - The San Francisco Board of Supervisors voted 10-0 today to pass legislation that requests that the city's health department require patients' written informed consent before they receive HIV antibody tests at San Francisco General Hospital.

The legislation modifies a section of the city's health code to encourage the San Francisco Department of Public Health to require that patients give written informed consent, and undergo pre-test counseling, before receiving an HIV test at the county hospital.

These proposed changes would bring HIV testing at the hospital in line with state and federal law, according to the legislation.

The American Civil Liberties Union (ACLU) of Northern California and the ACLU AIDS Project support the ordinance.

"The principle underlying requiring informed consent to medical treatment is -- at its core -- respect for individual privacy and decision-making. Informed consent requires that people have all the information they need to make an intelligent decision about their medical care," ACLU Senior Staff Attorney Tamara Lange said in testimony to San Francisco's City Operations and Neighborhood Services Committee as the legislation was being reviewed.

"In the context of HIV testing, informed consent means that people must be fully counseled about the consequences of an HIV-positive result, including the fact that their name will be reported to the government if they test positive, and must be informed about the availability of anonymous testing," Lange said.

The legislation, which was sponsored by Supervisor Fiona Ma, passed today on its second reading. It will now be forwarded to the mayor's office for his review.

Supervisor Michela Alioto-Pier was absent from the meeting and did not vote.

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