Governor Gets Bill to Permit Experimental Tests of AIDS Drugs

Searching for new ways to combat AIDS, the Assembly overwhelmingly passed and sent to Gov. George Deukmejian on Friday an emergency bill that would authorize the state to test experimental AIDS drugs on volunteer patients.

Within hours, both the Senate and the Assembly also passed and sent to Deukmejian legislation that could raise as much as $150 million over a two-year period for AIDS research. The money would be raised by giving income taxpayers a tax credit for donations to a new AIDS fund.

The measures were key elements of a major AIDS package being considered by the Legislature as it headed toward a scheduled midnight adjournment of its 1987 session. They would broaden the state’s AIDS policy, including banning job discrimination against patients who suffer from the acquired immune deficiency syndrome.

Confidentiality of Tests

After earlier rejecting proposals from conservative lawmakers to weaken the confidentiality of tests for exposure to the AIDS virus, the Democratic-controlled Legislature sought to rush through measures that would assist those stricken with the disease and promote research for a cure.

The Assembly voted 76 to 0 to pass the experimental-drug-testing bill that was introduced only last week.

And by votes of 37 to 0 and 38 to 0, the Senate approved two measures that would provide the 55% tax credit for AIDS research contributions and create a commission to distribute the money as quickly as possible. Friday night, the bills passed the Assembly by votes of 77 to 0 and 80 to 0 and were sent to the governor.

“After five years, it is refreshing to see the seriousness with which AIDS is being addressed,” said Bruce Decker, chairman of the California AIDS Advisory Commission who was on hand to lobby for passage of the tax credit bill.

“We’re not talking about lightweight pieces of legislation. We’re talking about significant policy and funding vehicles that will greatly accelerate our ability to find a cure and a vaccine for AIDS.”

Deukmejian has taken no position on either of the proposals, a spokesman for the governor said.

Proposed by Van de Kamp

The drug-testing measure, proposed by state Atty. Gen John Van de Kamp, would provide an alternative to federal drug-testing procedures and permit several thousand volunteers to receive some form of AIDS treatment through clinical trials.

Under the bill, which was carried by Assemblyman William J. Filante (R-Greenbrae), the state would authorize tests of drugs manufactured in California without the approval of the federal Food and Drug Administration.

Any drugs found to be effective in treating AIDS could be licensed for sale within California--a procedure already used by the state for certain pharmaceuticals used in diagnoses and X-rays.

Van de Kamp and other critics of the FDA complain that the agency has been too slow to authorize drugs for experimental trials. The FDA, however, contends that it has moved quickly to approve such testing and has not delayed approval of clinical trials for any drug that is a potential AIDS cure.

Filante, the only physician in the Legislature, said hundreds of AIDS patients desperate for a cure now attempt to obtain drugs from “guerrilla clinics” or from outside the country. These drugs could be tested under the California program, he said, including the controversial drug ribavirin, which has been labeled by the FDA as ineffective in treating AIDS.

Going South of Border

“Many hundreds of AIDS patients are now going south across the border, getting medication without medical supervision and trying to treat themselves,” Filante said. “We attempt to change that in this bill so that people with AIDS can be treated properly, so that we can properly evaluate drugs and more quickly come to a position where the disease would be under control.”

The bill drew support from Assemblyman Eric Seastrand (R-Salinas), who recently underwent surgery for colon cancer for the third time. But in an emotional speech, he also argued that the legislation did not go far enough because it did not authorize state testing of drugs that could be used to treat cancer.

“I think this bill shows one thing,” he said to a hushed chamber. “It shows there is a very powerful AIDS lobby. The victims of cancer that number in the hundreds of thousands can’t get similar legislation passed on this floor.”

Seastrand went on to tell his colleagues: “Someday, perhaps you’ll have the opportunity to confront something such as cancer, or perhaps AIDS. I can tell you at that point, when it’s your life, you’re going to use what you think is best, even if all the scientists in America, all the people with their Ph.D.s and doctorates, disagree.”

Embraced by Activists

The tax credit bills were first proposed by state Controller Gray Davis and quickly embraced by AIDS activists frustrated with the slow pace of government funding for research.

Under the legislation, carried by Assemblyman Johan Klehs (D-San Leandro), taxpayers would be able to write off 55% of the money they donate, with a limit of $25 for individuals, $50 for couples and $5,000 for corporations.

California is already a leader among the states in spending for AIDS research, with $16 million budgeted this year for efforts to find a cure or vaccine.

Deukmejian’s Department of Finance has opposed the tax credit legislation, arguing that for every $150 million raised for the AIDS fund, the state would lose $81 million in revenues it could spend on other programs.

But Decker, who was appointed by Deukmejian to the state AIDS commission, is optimistic that the Republican governor can be persuaded to sign the bill.

Another major bill under consideration by the Senate would protect AIDS patients from job discrimination, a proposal vetoed by the governor in the past.

However, the bill was delayed until the last minute as its author, Assemblyman Art Agnos (D-San Francisco), attempted to negotiate an agreement with the governor’s office.

Agnos’ bill would loosen confidentiality requirements within the medical profession by allowing an entire medical team treating a patient to be informed that the patient had AIDS. The measure also would create a new commission to set AIDS policy for California.

In addition, the bill would permit doctors to obtain the verbal consent of a patient to administer the test for exposure to the AIDS virus, softening the current requirement that doctors obtain patients’ written permission before administering the test.