News Scrapbook 1988

Garden Grove, CA (Orange Co.) Orange Co. News (Cir. 3xW. 30,000)

San Diego, CA (Sin Diego Co.I Daily Transcript (Cir. D. 10,000) JUL 29 1988 ._All.,.', , . C I f.s1

JUL 29 1988

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DEGREE - Jim Dierking, son of.Margot and Loren Dierking of Garden (,rove, received a law degree and masters degree in inter-- national relations from thl-' Universit of San Diego. He will study intcrna 1tinal law at the London School of Economics. A graduate of Bolsa Grande High School and Cal State Fullerton , he served at the U.S. Embassy in Seoul, Korea , as a political officer for t he St ate Deparl- ment during the summe r of 1986. He also has wor ked for t he U.S. Att orney's Oflice in Sa n Diego.

TIMOTHY R. PESTOTNIK •Occupat on.· Associate with Luce, For- " rd HamJJton&&r1pps er.due •on: B JournslJam, UniH1n;1t,)' ot C JD Am r,ran University Col- leg ofl w . Id & •E perit>DC~ w c,er/< wJth Arno Portt'r, Washington D (' • 18" clerk to th• natwnal cbk(counsel ot Amerrcans for G,ry Hart, reporter for The Broomfield Enter priSI>. / •Earl,; ,:ears: Grew up rn Denver, Co 0-, 8.11dcamcw::ian.V:egom 19S6. • FamiJF Sing'• , . •Interest.,;; Chairman of the San Diego_ AID, Pro;ert and chamilnn of the Coun_t>_ Bar A$.,o('1at1on s Committee on AIDS Po/Jc> and 1,aw: sailing. ,01/eyball, art and auto mL-.chamcs.

would allow physicians, upon recognmng that hi,- patient's pro- pensity is not to tell the spouse, to tell the ~p'luse I does seem ir- r gular to me that the sam doctor can not toll th •xua, partner who doesn't h n to be marned to the patient The roaso11 wh} we have the con- fidenti ht)' la" m California is be- cause th Legislature three years ago struggled with a method by which wo can encourage people to get tested. It wasn't enough to say we'll keep it confidential like we keep confidential other medical re- cords It i n't enough to say your employer p1 obably y,on't find out; or your in,.urance company proba- bly won't fir,d out It's a crime m California to release those records willfully. You can b sued very rapidly. including attornev's fees, for doing it neglige~tly. Every time we under- cut the confidentiality we disco.u·age people from getting tested In limited contact tracing, as I underst.and the. AMA proposal, the public he;lth officer, upon seeing a positiv HIV •est and a positive Western Blot Confirmatory Test, would ask the person to talk about their sexual contacts over the last - I don't know how long It would be the public health officer· h duty to investigate those people and tell them that they have hatl sexual contact with somebody who it is behnved 1s HIV positive. They should then be tested so that they will know what their blood test is. Confidentiality laws in Califor- nia don't prevent that activity but they would prevent the contact \earni1 g what the index partner's name was; that was the guy who he.d ;1 rnitialiy an ilV po 1 t1ve 1 he co,, ; , that 1f the contact learns of enou;,11 details of the in- dex's personality or traits, we then walk the very fine line of breaking confidentiality laws. It's hard enough for us to keep track of the 100,000 or 200,000 HIV positive people we know about in California. Imagine what it would mean to pay for the in- vestigation that would be required to follow up on all of the people that they list, even if you didn't do ac- tive tracing. Active tracing means that you just don't stop with the list they provide. We intervrnw those people and find out who they say index had sexual contacts wifo. That s what Colorado and Idaho are do-

At pre ent, is there any ,;Ort of mechanism?

Other states simply aren"t doing that. They're providing just passive or limited contact tracing. There are a lot ofprohll --ns Lecause not evoryon · going to be bone~t about all the namts; thiy'i;e not going to provi , all the names. They're going to' prov fabe names and it i going to b 3n ad- ministrative nightmore. Ne" York and Cahforma have by far the great, .st numb€r of cases of AIDS in HJl positive of any- where in I he v. rid For u. t , im plement this ki of idea "t utd be far more exper 1ve and fa1· more time consuming o an fyou have any · aea of the cost of imp ementing such a program? Pestotnik: Horrendous. Aylward-Bingman: Astrono- mical. I don·t think ,t even can be estimated given the poter>tial vic- tim~ 1nt1cipated by 1991. I suppose a sL<.1t1 tician w th a good computer COl 1d d It. One of the most notorious cases was Rov Cohn's dr-ath when 1t was learned after he died that NIH (" 'ational Institutes of Health) had confirmed that he was zero positive back in 1985, anrl he told t ne peo- ple there that hP nid not plan on remaining cel•b l o and that he vu.sn't about to dv1se partners. That is the prob1em that a lot of physicians are dealing with on a first hand basis. Lawyers are going ·!:ft, see more of this becau!'e what • happens when someone comes into you in a Tarasoff{Tarasoffv. Board ofRegents of the University ofCal- ifornia. 1976) type of case?

Renert: There is no official setup right now. Under the laws of con• fidonti, lity there is very little that we c n do if the patient te t AIDS po itivc Tho) ign a document which protec them from any dis- clo ur exc p for the pouse. Our h nds our tied :it this point. '!'hero w s a bill recently in the tato Legislature that would have basically followed the recommen- datum of the AMA and allowed the phys1c1 n to pursue those other contacts. That was killed in com-

San Diego, Ce.lif, (San Diego Co) SAN DIEGO 'l'RIBUllE

San Diego, Calif. Southern Cross (Cir. W. 27 ,500)

JUL 29 1988 Jl/len 's P. c. B

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Was there any opposition to the AMA proposal within the

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Sport• camp• for boys and girls ages 8-18 will be held In July and August. Cost Is $295 per week for resident camp or $165-$200 per week for day camp. Sessions In tournament and basic tennis, competitive swimming, basketball, soccer, football, volleyball, baseball and outdoor wilderness will be offered. For more, call 260-4593.

,/EXTENSION - Coach Jim Brovelli, hired in 1984 to oversee the rebirth of the men's basket- ball program at the University of San Francisco, signed a five-year contract extension yesterday. He was head coach previously at TISO wbet"" his team won the 1984 Wesi Coast Athletic Conference champ1onsh1p. He has an ~rail

Renert: I'm not aware of much oppo ition. 1 hE>re are some splinter b'l'OUp who are concerned. You w lk a fine !me between what i,; ab olutely right and what violates cert in canon ; what v10lates ind1- v1dual rights. You have to protect patient con- fidontlaltty as a supreme canon. The same with the attorney-client relationship. If you have a patient who's a seizure disorder and a school bu. driver, you don't want to blow tho lid on thi~ individual if it's not going to interfere with his "ork But if he h 'l: told the stiµ,' as a liceru e to drive and you Know he's a sei re d1~order - and h may or may not take their medication - ou've got an obliga- t10n to mfor somebody. The same 1 thin appl'es to the AIDS situa- tion If t1,1s is handled 1111pru.,erly a lJ these peorto who test positively w1l go underground. If they suspect thev have AIDS they may never come forward at all to be tested Q Does the AMA proposal fly in the face of California law or is it compatible? Pe totnik: Current state law

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San Diego, CA (San Diego Co.) San Diego Union (Cir . D. 217,089) (Cir. S. 341,840) JUL 291918

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Orrl).er USD coach Jim Brovelli sfgrr1ct1 a five-year contract exten- sion through 1993-94 with the University of San Francisco . . . Portland officials are in t~e Sov~et Union trying to clear the way for L1thuaman star Arvidas Sabonis to play for the team . . . Cleveland extended Coach Lenny Wilkens' contract two years through 1990-91 ..• Charlotte, which signed Lakers free agent Ku~-t Rambis, also is talking with Darryl Dawkms, who retired last season a~ter two weeks with the Pistons ... Domi- mque Wilki~' ~9 points led Atlanta (2-0) to a 110-105 ~xh1b1hon overtime win over the So- viet_ national team in Vilnius, Lithuania's capital ... Guard Mitchell Wiggins, banned b_y the ~BA 19 montbs ago for drug use, signed with the WBL Chicago Express ... Utah center Mel Turpin won't exercise his free-agency option. The Jazz will \ry to trade

Pestotnik: It is that draftmg that we've been watching very carefully. This bill is carefully defined. It says the health care team which is involved in the im- mediate health care of the patient; that would be defined by the physi- cian who would have his liability on the line if he defined it incor- rectly. Renert: We have a certain group of physicians who feel damn the law, I have a moral and ethical re- sponsibility. I'm going to tell those people he's come in contact with ifI have the opportunity because it's a lethal weapon. Others go the other extreme and will not say anything to anybody. in California only prevents saying that Bill is lilV positive. It does not prevent saying that Bill has AIDS. That's a clear distinction. There aren't specific statutes which pre- vent you from saying that to the whole world. You can be sued for slander or libel if you're wrong, and you can probably be sued for emotional distress even if you're right. You can write in the medical record t hat Bill has AIDS as much as you want. Pestotni k: The legislation

SAN DIEGO FOCUS AIDS And Confidentiality

'iin Diego Focu

i a monthly featum of the Tran

areas in between. During round table a:scussions with editors of the Transcript, San Diegans discuss issues

cr1pt which exp/or' i ues in busines~. fin,mce /.,w,

re 1 e t le, architecture, con, /ruction 1ind a wealth of and trends that affect our community.

some of the fact ,tie n lot of the health care Y.orkers cannot be ad- v, ed. Q What i the status of California legii;lation on AIDS and c·onfidentinlity? Postotnik: There are about 10 bill p nding nght nov. that would abrogate part of th probiem, Lynn was JU t p king about. They wou Id allow tho v. hole medical care teum to have ccess to the HIV blood te l re u t even though the patient has 1gned a waiver that say only Dr Smith would get the

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results. Those enjoy wide support on both sides of the aisle and I suspect they will be law by this time next year. I don't think there's any reason to hide the ball from the health care team. If the doctor can know I see no reason to prevent the nurse from knowing and all the other

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people who come in contact. Q How far does that health care team extend?

Aylward-Bingham: You're just · the janitor who comes to empty t he wastepaper baskets.