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Committee forwards ordinance to tighten rules for medical‑specimen collection sites
Summary
The committee voted to send an amended health‑code ordinance to the Board requiring specimen collection sites to partner with government, licensed San Francisco providers, or academic institutions; to meet hygiene, privacy and HIPAA standards; to prohibit paying individuals to test; and to make violations misdemeanors and public‑health nuisances enforceable by DPH.
The Public Safety and Neighborhood Services Committee on Jan. 11 voted to forward to the Board an amended ordinance that would change the San Francisco Health Code to regulate sites that collect medical specimens on behalf of clinical laboratories.
Melissa Hernandez, legislative aide to Supervisor Preston, said the amended ordinance builds on earlier work with the Department of Public Health to address problematic pop‑up COVID testing sites that did not reliably return results. She described two principal changes in the amended version: (1) a prohibition on paying individuals to take tests while leaving flexibility for the Department of Public Health to provide incentives if needed, and (2) elevating violations of the specimen‑collection standards to misdemeanors and classifying them as public‑health nuisances subject to administrative penalties by the Department of Public Health.
The ordinance would require that specimen‑collection sites partner with either a governmental entity, a licensed health‑care provider located in the city, or an educational/academic institution, and that sites meet hygiene, sanitation and privacy standards, including compliance with the Health Insurance Portability and Accountability Act (HIPAA). The sponsor’s office said the amendments are intended to make enforcement easier and more effective.
Supervisor Dorsey expressed support and emphasized concerns about privacy and the risks posed by unregulated, "fly by night" operators. No members of the public spoke on the item.
The committee voted to pass the amended ordinance out of committee with a positive recommendation to the full Board (two ayes, Chair Stephanie excused).
