AIDS TREATMENT NEWS No. 068 - November 4, 1988
John S. James
The information here comes from our notes of a meeting of representatives of AIDS agencies and organizations to address the legal and other consequences of Proposition 102. However, we did not have time to get back to the attorneys and other speakers to check the correctness of this report. It is correct as far as we know.
The most important points to know now are:
* Organizations and agencies (including AIDS Treatment News) are NOT legally required to turn over your name. Only doctors, blood banks and plasma centers, and people who run alternative test sites would be required to report names of clients they know or believe are HIV positive.
It is conceivable but unlikely that local health departments would sue organizations for the names of their clients -- guaranteeing lengthy litigation for which the proposition appropriates no money.
AIDS Treatment News will never divulge names of subscribers under any circumstances. And we have taken other precautions, such as not keeping track who subscribed at the reduced rate for persons with AIDS or ARC -- which is why our bills always have both options. It is encouraging to know that we will not have to take drastic measures to protect our subscribers, such as moving out of state.
* The measure requires persons who know they are HIV positive to report everyone from whom they might have been infected, or whom they might have infected, within seven days. But it does not require them to report themselves.
This section is probably unenforceable, since it would be hard to prove that someone did not report as required -- since no record could be found if they reported anonymously or under a false name, as they could legally do.
In any case, the measure will only apply to unsafe sexual contacts; safe sex need not be reported.
Do NOT report obviously false sexual contacts -- eg with public figures such as Ronald Reagan -- as doing so would raise a red flag to officials and invite prosecution.
When will the law go into effect? There is confusion, but most experts we talked to think that it will go into effect immediately after the election (not January 1). However, county health departments may choose to wait for administrative guidance from the State before implementing some of its provisions.
A court challenge has already been prepared and will be filed within the first week after the election, if the measure passes.
* Physicians are only required to report those with whom they currently have a doctor-patient relationship. This rela- tionship can be terminated by a letter from either party -- suggesting one way to resolve a doctor-patient impasse over reporting, in some cases.
If Proposition 102 passes, we will have more reports on what people are doing and what the real options are. But for the most current information, call the hotline of the San Francisco AIDS Foundation, 800/FOR-AIDS (Northern California outside San Francisco only), or 415/863-AIDS (San Francisco, Southern California, or out of state).
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