Legislation Details

Record #: R2016-450   
Type: Resolution Status: Adopted
Intro date: 6/22/2016 Current Controlling Legislative Body:
Final action: 6/22/2016
Title: Call for U.S. Congress to remove Food and Drug Administration ban on blood donation by homosexual men
Sponsors: Cappleman, James
Attachments: 1. R2016-450.pdf
A RESOLUTION
A call for the Congress of the United States of America to drop the FDA ban on LGBT members from
donating blood.

WHEREAS, In 1983, with HIV/AIDS on the rise, the Food and Drug Administration "FDA," under the discretion of President Ronald Reagan's administration, began a policy of a lifetime ban of gay men who have had sex with men, clinically known as "MSM," from donating blood in an effort to reduce the transmission rates of HIV;
WHEREAS, At the time, HIV/AIDS was largely not understood by doctors, scientists, and the general public, and the technology and procedures used to test donated blood for HIV were extremely limited.;
WHEREAS, As science and understanding of HIV/AIDS and transfusion technology advanced, the FDA has revised the lifetime ban of MSM to allow LGBT members to donate blood only after a year of celibacy in December of 2015 - a policy that does not apply to heterosexuals who are deemed equally "at risk;"
WHEREAS, This MSM blood ban restriction is still considered discrimatory to LGBT members under the Equal Protections Clause of the Constitution of the United States of America;
WHEREAS, The American Medical Association (AMA) fully supports the elimination these current public policies as the latest scientific evidence should dictate blood and tissue donation deferral periods to ensure the safety of the national blood supply and supports using scientifically-based deferral periods that are consistently and fairly applied to donors based on their risk level;
WHEREAS, The following recommendations should be adopted by the FDA: 1.) The FDA should update the Donor History Questionnaire so that all potential donors are screened for high-risk behavior, regardless of sexual orientation, and only prospective donors determined to be at high-risk should be subject to deferral periods, 2.) The ban should be replaced with a policy that defers all high-risk (e.g., IV drug users, commercial sex workers) donors regardless of sexual orientation or ge...

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