Bill Text: NJ AR170 | 2010-2011 | Regular Session | Introduced
Bill Title: Urges Congress to support rescission of FDA lifetime ban on blood donations by gay and bisexual men.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2011-06-27 - Introduced, Referred to Assembly Health and Senior Services Committee [AR170 Detail]
Download: New_Jersey-2010-AR170-Introduced.html
Sponsored by:
Assemblywoman ANNETTE QUIJANO
District 20 (Union)
Assemblyman REED GUSCIORA
District 15 (Mercer)
Co-Sponsored by:
Assemblywoman Wagner
SYNOPSIS
Urges Congress to support rescission of FDA lifetime ban on blood donations by gay and bisexual men.
CURRENT VERSION OF TEXT
As introduced.
An Assembly Resolution urging Congress to support rescission of the United States Food and Drug Administration's policy that imposes a lifetime ban on blood donations by gay and bisexual men.
Whereas, Under current federal policy, most gay and bisexual men in the United States are prohibited from donating blood; the United States Food and Drug Administration (FDA) has, since 1983, enforced a policy that permanently excludes any man who has had sex with another man (MSM), since 1977, from donating blood, regardless of sexual activity, safe sex practices, or actual HIV status; and
Whereas, This policy, initially implemented during the early years of the AIDS crisis and, in an effort to protect blood transfusion recipients from inadvertently contracting HIV from infected blood, is one component of a set of donor eligibility policies that temporarily or permanently defer prospective blood donors thought to be at elevated risk of infection of HIV or other transmissible blood borne diseases; and
Whereas, The most restrictive permanent deferral applies only to a limited group of prospective donors, including persons who have received payment for sex, tested positive for HIV, and intravenous drug users; although the FDA has upheld the MSM policy throughout the years, based on data that gay and bisexual men continue to be, as a group, at the highest risk of contracting HIV, other groups at elevated risk of HIV infection (young heterosexual women, African-American women, and partners of commercial sex workers) are subject to significantly less restrictive deferrals or to no deferral at all; and
Whereas, Given the inconsistencies in the FDA's blood donor eligibility policies for MSM donors and other groups, the MSM ban has been criticized for many years as unfairly discriminatory against gay and bisexual men; additionally, since many blood drives occur in workplaces and at schools where participation is considered a civic act, the policy may also stigmatize gay and bisexual men who do not participate; and
Whereas, In recent years, criticism of the MSM ban has focused on its public health efficacy: first, the ban excludes prospective donors who are healthy and at little or no risk of HIV infection; and second, significant advancements in HIV testing no longer require lengthy deferral periods. Based on these considerations, many HIV specialists, public health experts, the American Red Cross, America's Blood Centers, and other major blood bank organizations and advocacy groups support reforms to the MSM policy; and
Whereas, Alternatives considered in the United States and implemented elsewhere, such as a one-year deferral for gay and bisexual men who want to donate blood, or reformed screening procedures that classify all prospective donors based on objective risk, may offer significant improvements to the FDA's current policy; and
Whereas, It is fitting and proper for this House to express its opposition to the FDA's policy that permanently excludes gay and bisexual men from donating blood, and to urge each member of Congress elected from this State to voice support for the rescission of the MSM ban and the implementation of a policy that would allow gay and bisexual men at low or no risk of HIV to donate blood, while continuing to prevent persons who may be at a higher risk of HIV infection or other transmissible diseases from donating blood; now, therefore,
Be It Resolved by the General Assembly of the State of New Jersey:
1. This House expresses its opposition to the United States Food and Drug Administration's policy that permanently excludes gay and bisexual men from donating blood, and urges each member of Congress elected from this State to voice support for the rescission of the MSM ban and the implementation of a policy that would allow gay and bisexual men at low or no risk of HIV to donate blood, while continuing to prevent persons who may be at a higher risk of HIV infection or other transmissible disease from donating blood.
2. Duly authenticated copies of this resolution, signed by the Speaker of the General Assembly and attested by the Clerk of the General Assembly shall be transmitted to the United States Food and Drug Administration, the American Red Cross, America's Blood Centers, and each member of Congress elected from this State.
STATEMENT
This resolution expresses opposition to the United States Food and Drug Administration's policy that permanently excludes gay and bisexual men from donating blood (MSM ban), and urges each member of New Jersey's Congressional delegation to voice support for the rescission of the MSM ban and the implementation of a policy that would allow gay and bisexual men at low or no risk of HIV to donate blood, while continuing to prevent persons who may be at a higher risk of HIV infection or other transmissible disease from donating blood.
