California HIV-related Legislation

The Southern Coalition HIV Advocacy Coalition (SCHAC) is the main organization tasked with tracking HIV-related legislation and policies in the state of California. The San Francisco AIDS Foundation, AIDS Project Los Angeles, AIDS Healthcare Foundation all have HIV policy staffers but curiously do not have publically available up-to-date policy positions on statewide legislation on their websites (except for an excellent PDF summary at SFAF.org). Below is a list adopted from the most important bills on the organization's bill tracking list for the 2007 legislative session:

State Senator Carole Migden has introduced legislation (SB 443) to repeal a ban on HIV-positive individuals participating in assistive reproductive technology like in vitro insemination if three conditions are met: 1) The HIV positive donor’s sperm is processed to minimize the infectiousness of the sperm for the specific donation; 2) Informed mutual consent has occurred; 3) Sperm processing and testing procedures must be recognized by the American Society of Reproductive Medicine.

Assemblymember Sandre Swanson has reintroduced the condoms bill (AB 1334) carried last year by former Assemblymember Paul Koretz that was mocked and then vetoed by Governor Arnold Schwarzenegger last summer. The Center for Health Justice on which Mad Professah sits on the board of directors is the main sponsor of this legislation.

Assemblymember Patty Berg has introduced a bill sponsored by the evil AIDS Healthcare Foundation (AB 682) to implement the previously announced routine universal HIV testing policy promoted by the Centers for Disease Control and Prevention. The bill would delete provisions from existing law that currently prohibits a person from testing a person's blood for HIV without the written consent of the subject of the test, and would allow HIV tests to be given by verbal consent instead.

Assemblymember Bonnie Garcia has introduced a bill (AB 272) that would mandate that any woman receiving an annual gynecological exam or family planning appointment be provided with information on HIV and AIDS and the woman be offered the option of being tested onsite, if available, or provided referral information to other testing locations. If the woman chooses to be tested for HIV, the bill would require the physician or other health care professional attending the woman at the time the results are received to ensure that the woman receives information and counseling to explain the results and the implications for the woman's health, including any followup care that is indicated.

Assemblymember (and openly gay member) Jon Laird has introduced a bill (AB 110) that would authorize state General Fund money to be spent on the purchase of sterile needles for needle exchange programs.

Assemblymember Mervyn Dymally is re-introducing his controversial bill (AB 66) to mandate HIV testing of all California prisoners incarcerated for over a year. The bill specifies that testing should occur within the first 30 to 60 days of their sentence and within 30 to 60 days prior to their release. The 2006 version of the bill attemped to enact a mandatory HIV testing regime for incarcerated individuals and was strongly opposed by the Center for Health Justice and most AIDS service organizations. The amended version of the bill does include an opt-out provision for prisoners as well as provide for counseling and voluntary consent for partner notification, protections for HIV positive inmates so that they are not denied eligibility for and access to programs, and the development of an in-prison HIV care and treatment program for inmates who test positive and upon release into the community.