Baldwin, Gillibrand, Warren Lead 23 Colleagues in Pushing FDA for an Update on Changes to Discriminatory Blood Donation Policies

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WASHINGTON, D.C. –Today, U.S. Senators Tammy Baldwin (D-WI), Kirsten Gillibrand (D-NY), and Elizabeth Warren (D-MA) led 23 of their colleagues in calling on Department of Health and Human Services (HHS) Secretary Becerra and Food and Drug Administration (FDA) Commissioner Dr. Robert Califf to provide an update on FDA’s efforts to change their discriminatory blood donor deferral policies for men who have sex with men (MSM). In January, Senator Baldwin led a group of colleagues formally calling on HHS and the FDA to act on the most up to date science and update its discriminatory policy after the Red Cross declared its first-ever national blood shortage.

In addition to decreasing the eligible donor base and depriving patients of needed blood, the current three-month donor deferral blood donation policy for MSM unnecessarily stigmatizes and harms the LGBTQ+ community. The broad consensus among the medical community indicates that the current scientific evidence does not support these discriminatory restrictions, and that a policy focused on individual risk assessment rather than an effective ban on gay and bisexual men would be far more appropriate.

“For nearly 40 years, sexually active MSM have not been allowed to donate blood. This must change,” the senators wrote.

“It is time for the FDA to adopt evidence-based policies focused on assessment of an individual’s risk, not inaccurate and antiquated stereotypes present in the current categorical deferral guidelines,” the senators continued.

The letter also signed by Senators Jeff Merkley (D-OR), Bernie Sanders (I-VT), Sherrod Brown (D-OH), Bob Casey (D-PA), Richard Blumenthal (D-CT), Cory Booker (D-NJ), Martin Heinrich (D-NM), Ed Markey (D-MA), Christopher Coons (D-DE), Bob Menendez (D-NJ), Mazie Hirono (D-HI), Catherine Cortez Masto (D-NV), Ben Cardin (D-MD), Ron Wyden (D-OR), Tammy Duckworth (D-IL), Angus King (I-ME), Jacky Rosen (D-NV), Tina Smith (D-MN), Amy Klobuchar (D-MN), Tim Kaine (D-VA), Michael Bennet (D-CO), and Brian Schatz (D-HI).

“Every two seconds, someone in the U.S. needs a blood transfusion to survive. But right now, the FDA continues to use archaic, discriminatory criteria to determine an individual’s eligibility to donate blood based solely on their sexual orientation – not their individual risk factors – which is not rooted in science, limits access to crucial blood products, and stigmatizes one segment of society,” said David Stacy, Government Affairs Director of the Human Rights Campaign. “The FDA instead should focus its considerations for blood donor deferrals based on risky behavior by any potential donor, regardless of one’s sexual orientation. This would both best ensure a safe blood supply and maximize the pool of blood donors. We thank Senator Baldwin and her colleagues for their leadership on this issue.”

Senator Baldwin has been a leader on this issue for years. At the beginning of the COVID-19 pandemic, Senator Baldwin led a letter to the FDA, citing the pandemic spurring a national blood shortage, urging the administration to swiftly change these discriminatory blood donation policies to help save lives. In 2016, Senator Baldwin led a bipartisan group of Senators in calling on the FDA to swiftly move to end the discriminatory blood donation deferral policy for MSM. In December 2014, she led over 75 members of Congress calling on HHS to end the outdated and discriminatory ban, and replace it by instituting a risk-based policy.

The full letter can be found here.

SOURCE: Senator Tammy Baldwin Press Office