Important note: Information in this article was accurate in 1988. The state of the art may have changed since the publication date.
SAN FRANCISCO CHRONICLE (SF) - WEDNESDAY November 30, 1988 Edition: FINAL Section: NEWS Page: A2 Word Count: 448
George Williamson, Chronicle Staff Writer
"This is not just a case against one dentist. We filed this suit to send a strong message to doctors and dentists throughout California. The problem of doctors refusing care has become epidemic," said Ben Schatz, a San Francisco attorney and administrator for National Gay Rights Advocates.
Schatz said he is confident that the case - against a downtown dental firm on behalf of a department store clerk - will show that under long-standing California law, it is illegal to deny treatment to patients because they have the AIDS virus.
Governor Deukmejian recently vetoed legislation that would have specified that such practices are illegal.
Schatz said that although the veto was a disappointing setback, research by gay rights lawyers has convinced them that the 1959 Unruh Civil Rights Act bars health-care providers from discriminating against people infected with HIV.
The state's Unruh Act says business establishments cannot arbitrarily discriminate against customers or clients.
Schatz's client is Douglas Bearden, 24, who claimed that he was told by the Sutter Place Dental Group that dentists there could not treat him because they allegedly did not have the equipment necessary for dealing with patients infected with HIV.
Bearden said the group required him to fill out a questionnaire, and one question asked about the results of any HIV tests.
While being X-rayed minutes after finishing the questionnaire, Bearden was informed that the dentists would not treat him, he said.
Schatz claimed that the dental office was wrong in contending that special equipment was needed. Under guidelines issued by a number of leading medical organizations, rubber gloves should be warn by all medical practitioners to guard against exposure to blood from any patient. No other protection is needed, Schatz said.
Administrators at the dental office declined to comment on the lawsuit.
Schatz said his group "at this time" is not challenging the right of doctors to administer a questionnaire exploring the results of HIV tests. He noted that sometimes the first symptoms of AIDS are in the mouth, and it "can be to the patient's benefit" for the dentist to know the HIV situation - "provided the doctor doesn't discriminate."
"Unfortunately, a sizable minority do (discriminate)," he said.
According to Schatz, denial of medical service ranging from serious surgery to treatment of toothache for HIV-positive patients has become a common practice in California.
The lawsuit asks for unspecified monetary damages. Schatz said any damages awarded "will send a strong message to doctors and dentists that discrimination will carry a costly price."
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