Committee forwards ordinance to regulate street specimen-collection sites to full Board

The Public Safety and Neighborhood Services Committee on Oct. 26 voted to forward to the Board of Supervisors an ordinance, sponsored by Supervisor Preston, that would amend the San Francisco health code to regulate sites that collect medical specimens on behalf of clinical laboratories.

Melissa Hernandez, a legislative aide to Supervisor Preston, said the ordinance followed reports of questionable COVID testing tents and other pop-up specimen-collection sites that allegedly copied identity documents, took swabs without personal protective equipment and then did not return test results to constituents. The ordinance would require such sites to partner with a government entity, a licensed healthcare provider located in the city, or an educational or academic institution, adopt minimum hygiene, sanitation and privacy standards, and adhere to HIPAA. Violations would be treated as public-health nuisances subject to administrative penalties by the Department of Public Health.

Dr. Susan Phillip, San Francisco’s health officer, told the committee the measure establishes infection-control and safety standards for sites that do not test specimens on-site and so fall outside existing federal or state oversight. She said SFDPH issued a temporary health order on Oct. 11 as an interim step and supports the ordinance as a longer-term regulation.

Committee members asked whether operators were representing that people would receive test results and how those operators profited. Dr. Phillip said SFDPH did not have a clear understanding of operators’ business models. Hernandez said the sponsor’s office had looked into the issue and that constituents reported not receiving results and seeing copies made of personal documents. A member with prior experience in the City Attorney’s Office noted that civil causes of action could exist for illegal business practices and asked whether the City Attorney or District Attorney had been involved; Hernandez said the office had worked extensively with the City Attorney’s Office and that investigations into operators and affiliations were under way, and that her office would reach out to the District Attorney for input as well.

Member Dorsey moved to forward the ordinance to the full Board; the committee voted (Guardio, Dorsey, Stephanie — all 'aye') to recommend it. The item will appear on the Board of Supervisors agenda on Nov. 7, 2023.