A Chance to Move Quickly

Legislation to implement the AIDS recommendations of the U.S. surgeon general and the National Academy of Science Institute of Medicine is being introduced in Sacramento this week, providing an opportunity for California to move quickly and effectively to meet this increasingly dangerous health problem.

The bill is AB 87, by Assemblyman Art Agnos (D-San Francisco), but in fact it is the product of a remarkable collaboration between Agnos, Dr. C. Everett Koop, the surgeon general, and Dr. D1635150180National Academy study, and their staffs.

The presentation of the bill coincides with a visit Thursday to the state Capitol by both Koop and Baltimore. The bill’s strong anti-discrimination provisions were reinforced Tuesday by the U.S. Supreme Court decision affirming that persons with contagious disease have the same protections as other handicapped people.

Under terms of the bill, a 21-member commission would be appointed by Gov. George Deukmejian and the Legislature. It would monitor the epidemic, evaluate research and health care and public health needs, make recommendations to all levels of government and propose programs to address particular problems, such as the priority concern about protecting police, fire and first-aid personnel.

The legislation deals at length with testing for the presence of the human immunodeficiency virus (HIV), the probable causative agent of AIDS. The bill affirms the findings of last week’s AIDS conference in Atlanta that mandatory testing is not now required and that confidentiality must be assured with the voluntary testing programs. It also emphasizes the importance of voluntary testing, notably for women at risk who are considering pregnancy.

The legislation also sets forth a major program of public education about AIDS, for which the only known defenses are abstinence from sexual intercourse or the use of condoms. Basic instruction about AIDS would be made mandatory for every high-school graduate. The bill calls for the distribution of the surgeon general’s report at the junior-high-school level. But it does not provide details of the education program in the public schools. Complementary legislation on AIDS education in the public schools has been introduced by Sen. Gary K. Hart (D-Santa Barbara), and already has passed the California Senate by a vote of 32 to 4.

Agnos won legislative approval last year for more limited legislation that included protections against discrimination, but the measures were vetoed by Deukmejian. Since then the governor’s Fair Employment and Housing Commission has ruled that AIDS is a handicap under terms of legislation protecting the handicapped from discrimination. The new bill would make that law. The helpful 7-2 decision of the U.S. Supreme Court on Tuesday, rejecting efforts of the Reagan Administration to deny these protections to those with contagious diseases, would further strengthen the provisions of the proposed legislation barring discrimination--including discrimination in employment, housing and public accommodations.

There is no time to waste. Speedy passage of the Agnos bill could save lives. Using the federal reports, the assemblyman has constructed a compassionate but uncompromising response to the disease, without concessions to hysteria but realistically providing the required resources.