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Is FDAs policy of excluding MSM blood donors discriminatory?

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Is FDAs policy of excluding MSM blood donors discriminatory?

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FDA’s deferral policy is based on the documented increased risk of certain transfusion transmissible infections, such as HIV, associated with male-to-male sex and is not based on any judgment concerning the donor’s sexual orientation. Male to male sex has been associated with an increased risk of HIV infection at least since 1977. Surveillance data from the Centers for Disease Control and Prevention indicate that men who have sex with men and would be likely to donate have a HIV prevalence that is at present over 15 fold higher than the general population, and over 2000 fold higher than current repeat blood donors (i.e., those who have been negatively screened and tested) in the USA. MSM continue to account for the largest number of people newly infected with HIV. Men who have sex with men also have an increased risk of having other infections that can be transmitted to others by blood transfusion.

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