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Legislators Urge Re-Evaluation Of Donation Policies For MSM

BTL Staff

WASHINGTON, D.C. – U.S. legislators from four states have signed a letter to the U.S. Department of Health and Human Services (HHS) Secretary Sylvia Burwell expressing a continued concern regarding current policies governing blood, organ and tissue donation by men who have sex with men (MSM).

Senators Tammy Baldwin (D-WI), Tammy Baldwin (D-WI), Tom Harkin (D-IA) and Elizabeth Warren (D-MA) and U.S. Representative Mike Quigley (D-IL) introduced a letter to HHS Secretary Sylvia Burwell on Sept. 8, expressing to update the Department's policies on processing donations given by MSM.

The letter highlights the inherent unfairness of the current policies through the heartbreaking story of a mother in Iowa who was unable to donate her deceased son's eyes, as he wished, because he was gay, the White House press release reports.

"These policies are inconsistent and fail to reflect the advances in HIV detection and the scientific community's understanding of the virus since the policy was first established," the letter reads. "Furthermore, these policies continue to perpetuate inaccurate stereotypes, promote discrimination, and discourage individuals from seeking other appropriate health services… It is time that the agency took action, and we encourage such action to also address the deficiencies of the tissue donation policy."

The document requests a written update on the FDA's progress in reassessing the policy on blood donation before the end of 2014, as well as information about the related organ and tissue donation policies; an estimation of when recommendations for policy changes will be announced publicly and when these changes will take effect; and what steps are being considered to make the adjustment of the blood and tissue deferral policies possible.

Current FDA policy defers MSM blood donors for life, defers MSM tissue donors for five years and designates MSM organ donation as high-risk. The policies were put in place during the rise of AIDS in the 1980s, before accurate screening tests for HIV and other transfusions were created. But the ban is no longer scientifically justified with current blood screening technology.

In 2010, the HHS Advisory Committee on Blood & Tissue Safety & Availability found the ban to be suboptimal and asked for re-evaluation. In response to a letter from legislators in 2013, HHS indicated that the Department will finish deliberations on a policy change to the blood ban by the end of this year.

The American Medical Association passed a resolution in 2013, opposing the current lifetime ban, deeming it as discriminatory and not based on sound science. The AMA supports new donation deferral policies that are based on an individual's level of risk. Members of the blood banking community, the American Red Cross and America's Blood Centers, have long-supported a change in MSM blood policy.

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