Experimental AIDS Drug Testing in Humans Approved by State Senate

Legislation that would permit California to begin testing experimental AIDS drugs in humans without awaiting federal approval was passed 38 to 0 Thursday by the Senate.

In addition, the Senate passed a bill by a vote of 28 to 1 that would allow the establishment of up to 146 new AIDS testing centers--quadrupling their present number--to offer anonymous tests for exposure to the AIDS virus at little or no cost.

The Senate also signaled its intention to approve a bill that could raise as much as $60 million for AIDS research by giving taxpayers a state income tax credit of 55% for contributions to an AIDS fund. The measure was placed on a special agenda where it is scheduled to be given unanimous approval today without debate and then sent to the Assembly.

The proposals are among the most significant AIDS measures heading toward Gov. George Deukmejian’s desk during a year in which the Legislature has been divided over what to do about the growing acquired immune deficiency syndrome epidemic.

“The Legislature is no longer simply trying to put a Band-Aid on AIDS problems,” said a pleased Bruce Decker, chairman of the California AIDS Advisory Commission. “It is a very clear indication that the Legislature is taking a long-term, thoughtful, serious approach to AIDS.”

Earlier this year, the Assembly rejected controversial bills that would have reduced the confidentiality of AIDS antibody tests and, for the first time, required involuntary testing in certain instances.

Seeking a way to help AIDS patients, the Senate voted lopsidedly to pass a bill first proposed by Atty. Gen. John K. Van de Kamp that would permit the state to conduct its own testing of drugs on volunteers without awaiting approval from the federal Food and Drug Administration. Drugs proved effective could be licensed by the state for sale in California.

Deukmejian has taken no position on the bill, a spokesman for the governor said.

Under the bill, the state would authorize clinical trials of experimental drugs manufactured in California. The tests, potentially using thousands of volunteers could begin as early as the end of the year.

The author of the bill, Assemblyman William J. Filante (R-Greenbrae), said the bill is needed because the Food and Drug Administration has been too slow in authorizing testing of experimental AIDS drugs--a charge the agency denies.

In addition, supporters of the measure say it would make experimental drugs available to many AIDS patients who are desperate for a cure and now seek alternative drugs across the border in Mexico.

“I think this is an essential bill to do something to help people who suffer with AIDS and who, as a result of the slowness of the FDA to approve new drugs are being driven to other countries to seek treatment there,” said Sen. John Doolittle (R-Rocklin), who sponsored the bill on the Senate floor.

“This bill I think would accelerate the availability of these drugs to people and the results would be made available to the FDA,” said Doolittle, who earlier carried the legislation that would have reduced confidentiality for AIDS antibody tests.

The drug-testing bill went back to the Assembly, where it had never been debated. However, it enjoyed the backing of leaders in both parties, and was virtually certain to win approval before the Legislature is scheduled to adjourn at midnight tonight. ()

Instead of requiring some citizens to be tested for exposure to the AIDS virus, Democratic lawmakers have advocated increasing the number of anonymous testing sites to make the test more available for those who already want it.

The test site bill by Assemblyman Mike Roos (D-Los Angeles) could nearly quadruple the number of test sites by authorizing all 135 state college and university campuses and 11 blood banks to provide the AIDS antibody test.

“The existing alternative test sites can’t keep up with the increased demand for tests,” said Senate President Pro Tem David A. Roberti (D-Los Angeles), who carried the measure on the Senate floor. “Requests for testing have increased 150% since the first of the year.”

The measure was approved on a bipartisan vote and returned to the Assembly for approval of amendments made in the Senate.

Again, Deukmejian has taken no position on the bill, a spokesman said, although his departments of Finance and Health Services are on record opposing the bill.

There are now 53 test centers around the state, which were first authorized by the Legislature in 1985. Some have waiting lists as long as eight weeks for an appointment to have blood drawn.