Motion by Supervisor Zev Yaroslavsky

December 21, 1999

MOTION BY SUPERVISOR ZEV YAROSLAVSKY

On January 1, 2000, AB 26 (Migden) establishing a statewide registry for domestic partnerships will take effect. The County has previously adopted an ordinance establishing a County domestic partners registry. According to County Counsel, these two laws are not in conflict and no action by the Board of Supervisors is required for the County to maintain its domestic partners registry.

One provision of AB 26 that is not paralleled in our local ordinance is a section requiring health care facilities to provide visitation rights to a patient's domestic partner and specified other individuals. The County Department of Health Services has prepared a policy on "Patient Visitation" which meets the requirements of AB 26 and provides generally that a patient in a County facility has the right to designate visitors of his or her choosing, regardless of whether the visitor is related by blood or marriage, including domestic partners, the children of patient's domestic partner, and the domestic partner of the patient's parent or child. In accordance with the provisions of AB 26, exceptions are provided in cases where no visitors are allowed; the presence of a particular visitor would endanger health or safety; or the patient has indicated that he or she does not want a particular person to visit. The Board should instruct the DHS to adopt and implement this policy, including posting it in appropriate locations as necessary, as of January 1, 2000.

Under AB 26, persons who have registered with the County's domestic partner registry and who meet the State's requirements may also register as domestic partners with the State. AB 26 makes available to State domestic partner registrants certain rights that are not currently available under the County's ordinance. Only those persons who register with the State will be entitled to these statutory rights. The Registrar-Recorder/County Clerk, under whose aegis the County's registry operates, should take steps to ensure that persons who have registered with the County, or who register with the County in the future, are informed of their rights and options under both the County's ordinance and AB 26.

I, THEREFORE, MOVE that the Board instruct the Department of Health Services to implement sections of AB 26 (Migden) requiring health care facilities to provide visitation rights to a patient's domestic partner, with certain specified exceptions, by adopting and implementing the attached policy on "Patient Visitation"; and

I FURTHER MOVE that the Registrar-Recorder/County Clerk be instructed to ensure that persons who have registered with the County's Domestic Partners Registry, or who register in the future, are informed of their rights and options under both the County's ordinance and AB 26.