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Legislators Call on HHS to End Discriminatory Blood Ban Donation Policy, Implement Risk-Based Policies

Dec 15, 2014
Press Release

WASHINGTON - Today, U.S. Representative Mike Quigley (IL-05) along with Senators Elizabeth Warren (D-MA), Tammy Baldwin (D-WI), and Tom Harkin (D-IA), and Representative Barbara Lee (D-CA), led a letter with 75 of their congressional colleagues calling on Secretary of Health and Human Services Sylvia Burwell to replace the outdated and discriminatory lifetime ban on blood donations from men who have sex with men (MSM) with a policy based on individual risk factors. The legislators expressed deep concerns with the recent recommendations made by the HHS Advisory Committee on Blood & Tissue Safety & Availability (ACBTSA). The full text of the letter is available here.

Under current regulations, MSM are banned from donating blood for life. AABB, the American Red Cross, America's Blood Centers, and the American Medical Association all agree that the ban is no longer scientifically justified. Last month, the ACBTSA voted to replace the lifetime deferral policy with a one-year deferral policy, contingent on the implementation of a blood safety surveillance system, while dismissing a risk-based policy. The legislators raised concerns about this proposal, writing, "A one-year deferral policy, like a lifetime ban, is a categorical exclusion based solely on the sex of an individual's sexual partner - not his actual risk of carrying a transfusion-transmittable infection."

The legislators continued, "The ACBTSA's proposed policy change would, in practice, leave that lifetime ban in place for the vast majority of MSM, even those who are healthy and low-risk. Both policies are discriminatory, and both approaches are unacceptable. Low-risk individuals who wish to donate blood and help to save lives should not be categorically excluded because of outdated stereotypes."

The legislators also urged HHS to consider the work of implementing an infection monitoring system separately from the MSM deferral policy. The legislators wrote, "The ACBTSA's recommendation to hinge any change in the MSM blood donation policy to the establishment of a blood safety surveillance system is an arbitrary condition that will inevitably result in further unnecessary delays. To be clear, a comprehensive surveillance system for our blood supply is a critically important initiative to protect the blood supply from Hepatitis, HIV, and emerging diseases, and is long overdue...Years of HHS inaction on this issue is problematic, but so is the fact that ACBTSA has now suddenly chosen to make such a system a precondition of revising the donation policies specific to MSM."

The bicameral letter requests additional information from HHS regarding the timeline for reversing the lifetime deferral policy, actions being taken to work towards a risk-based deferral policy, and plans for implementing the long-overdue blood safety surveillance system.  

Most recently, Rep. Quigley led a bipartisan, bicameral push, urging HHS Secretary Sylvia Burwell to reevaluate the current discriminatory, inconsistent blood, organ and tissue donation policies for MSM. Previously, he worked with then-Senator John Kerry to urge HHS to examine alternative blood donor deferral criteria and has long believed the policy should match modern science and reflect risky behavior rather than sexual orientation. He is a member of the Congressional Equality Caucus and a tireless advocate for the LGBT community.

Read the full letter here.