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JOINT RESOLUTION SUPPORTING CHANGES TO BLOOD

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DONATION REQUIREMENTS

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2022 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Derek L. Kitchen

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House Sponsor: ____________

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8     LONG TITLE
9     General Description:
10          This joint resolution of the Legislature recognizes the effects of prohibiting blood
11     donation by healthy gay and bisexual men and urges replacement of existing protocols
12     with risk based assessments.
13     Highlighted Provisions:
14          This resolution:
15          ▸     recognizes that outdated and discriminatory protocols of the past are contributing to
16     the current crisis in the nation's blood supply; and
17          ▸     urges the federal government to pursue with renewed vigor replacement of the
18     categorical, time-based exclusion of gay and bisexual men as blood donors with
19     assessments that determine individual risk while preserving safety of the blood
20     supply.
21     Special Clauses:
22          None
23     

24     Be it resolved by the Legislature of the state of Utah:
25          WHEREAS, blood donation protocols currently discriminate against healthy gay and
26     bisexual men by focusing on sexual orientation rather than behaviors that increase risk;
27          WHEREAS, one observer has noted that risk factors for HIV transmission are identical

28     regardless of someone's sexual orientation and the United States Food and Drug
29     Administration's (FDA) blood donation policy "...ignores these facts, treating gay and bisexual
30     men as a homogenous group with an identical risk for contracting HIV";
31          WHEREAS, the American Medical Association has stated that the FDA's current
32     policy, "[requiring] gay or bisexual men to abstain from sex for a minimum of three months
33     before they can donate blood... singles out and bans blood donors based on their inherent
34     attributes rather than the risk factors they present. For example, a man who has protected sex
35     with another man in the three months prior to a blood donation cannot be a donor, but a man or
36     woman who has unprotected sex with multiple partners of the opposite sex over the same time
37     period remains eligible";
38          WHEREAS, the American Medical Association has urged the FDA to take "steps to
39     remove the categorical restrictions for blood donations...so they are instead based on a person's
40     individual risk, consistent with the latest scientific evidence, to ensure blood donation criteria
41     is equitably applied across all people";
42          WHEREAS, the FDA is funding the Assessing Donor Variability And New Concepts
43     in Eligibility (ADVANCE) study to determine whether a different donor policy can be used at
44     blood centers nationwide while maintaining the safety of the blood supply;
45          WHEREAS, numerous countries have eased or eliminated the categorical ban on blood
46     donation by gay and bisexual men;
47          WHEREAS, the FDA's overlapping safeguards to protect the nation's blood supply
48     include testing donated blood for seven infectious agents, including HIV;
49          WHEREAS, the Red Cross, which supplies 40% of the nation's donated blood
50     products, reports a blood crisis that in recent weeks has reduced the supply of critical blood
51     types to less than one day; and
52          WHEREAS, replacing categorical exclusions of blood donors, including time-based
53     deferrals, with risk-based assessments has the potential to increase the nation's blood supply
54     and save lives:
55          NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah
56     recognizes that outdated and discriminatory protocols of the past are contributing to the current
57     crisis in the nation's blood supply and urges the federal government to pursue with renewed
58     vigor replacement of the categorical, time-based exclusion of gay and bisexual men as blood

59     donors with assessments that determine individual risk while preserving safety of the blood
60     supply.
61          BE IT FURTHER RESOLVED that a copy of this resolution be sent to the United
62     States Food and Drug Administration and the members of Utah's Congressional delegation.