2013-28128 Resolution RESOLUTION NO. 2013 -28128
RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA URGING THE UNITED
STATES FOOD AND DRUG ADMINISTRATION (FDA) TO
REPEAL THEIR LONGSTANDING PROHIBITION ON MEN
WHO HAVE SEX WITH MEN FROM DONATING BLOOD.
WHEREAS, the United States Food and Drug Administration (FDA) is
responsible for protecting the public health; and
WHEREAS, the FDA regulates blood donation in the United States and explicitly
bars any man who has had sex with another man, at any time since 1977, from donating
blood; and
WHEREAS, the FDA justifies this policy by citing that 1977 was the beginning of
the United States' AIDS epidemic and that men who have sex with men are at a greater
.risk of HIV, Hepatitis B and other infections that can be transmitted by blood transfusion;
and
WHEREAS, this lifetime restriction on men who have had sex with men from
donating blood fails to consider the individual's HIV status and represents the FDA's
policy since 1982; and
WHEREAS, in 1982, there were no HIV tests or HIV treatments, and little was
known about HIV and AIDS; and
WHEREAS, in the more than 30 years since the FDA's decision to exclude men
who have sex with men from donating blood, the medical community has made great
strides in preventing, diagnosing, treating, and understanding HIV /AIDS; and
WHEREAS, the FDA's lifetime restriction on men who have sex with men from
donating blood fails to consider the potential donor's actual health status; and
WHEREAS, the only other groups on the FDA's lifetime deferral list for blood
donation are intravenous drug users, people who have received animal tissue or organs,
people who have traveled to or live in certain countries due to the risk of transmitting
malaria or variant Creutzfeldt -Jakob Disease (vCJD) and people who have had sex for
drugs or money; and
WHEREAS, despite the FDA's lifetime ban on men who have sex with men,
nationally, an individual needs a life- saving blood transfusion once every 3 seconds; yet,
while 60% of Americans are eligible to donate blood, on average less than 5% of people I
actually donate; and
WHEREAS, a single blood donation can save 3 lives, following component �
separation; and
WHEREAS, limiting the population of potential blood donors leaves numerous
vulnerable individuals in need of receiving life- saving blood; and
'
WHEREAS, the greater the donor base, the easier it will be to meet the nation's
demand for blood, especially when there is a blood shortage; and
WHEREAS, Argentina, Australia, Hungary, Japan, New Zealand, South Africa,
Sweden and the United Kingdom have all imposed a time period in which men who have
sex with men must wait before being allowed to donate, while Russia completely lifted
the ban; and
WHEREAS, other countries, such as France, Italy, Mexico and Spain screen
potential donors for high -risk sexual practices, rather than men who have sex with men
behavior, and as such these countries defer all individuals who have engaged in risky
sexual behavior; and
WHEREAS, the FDA has established a 12 -month blood donation deferral period
for any individual who has had sexual contact with a person infected with HIV or viral
hepatitis, except for men who have had sex with other men; and
WHEREAS, the blood donation organizations have jointly recommended that the
deferral period for men who have had sex with other men be limited to 12 months since
the date of the last such sexual contact; and
WHEREAS, there is a constant need for blood, and Miami Beach residents are
known to be generous blood donors, and
WHEREAS, denying Miami Beach residents the privilege of donating blood
unnecessarily limits the nation's blood supply, especially since all blood supply is
screened; now, therefore, be it:
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND . CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby urge the United States Food and -Drug Administration (FDA) to
repeal their longstanding prohibition on men who have sex with men from donating
blood.
PASSED AND ADOPTED this Af l, day of `f4aa4, 2013.
ATTEST:
B Matti Herrera Bower
��� ........... '�� Mayor
Rafa I E. Granado INCO;P ORATED:
City Clerk
TO
FO' N 'AGE
h OR X TIGN
F:\HTTO \ROSR \RFR CMay Committee \Blood Donations resolution (rfr) (final)(2- 12- 13).doc
City Attorney D` ate
MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO Kathie Brooks, Interim City Manager
FROM: Michael G6ngora, Commissioner
DATE: January E, 2012
PA
SUB Discussion Item for January 16 Commission Meeting
Please place on the January Commission meeting agenda a discussion on the Miami
Beach Human Rights Committee Resolution 2012 -002- regarding FDA regulations for
blood donation: Please find additional information attached. If you have any questions
please feel free to contact my aide Diana Fontani at ext 6087.
MG /df
t
L
j Agenda Item R q J
Date
� J
MIAMSEACK'i,
OFFICE OF THE CITY MANAGER
'NO.' LETTER TO COMMISSION
327 -2012
TO: . Mayor Matti Herrera Bower and Membersof the City Commission
FROM: Kathie G. Brooks, Interim City Manager
DATE: December 12'2'012
SUBJECT: TRANSMITTAL OF ' MIAMI 'BEACH HUMAN RIGHTS : COMMITTEE
RESOLUTION .2012-00 - Repeal. FDA Prohibition Regarding Blood
Donation '
This LTC is to inform you that the Miami Beach Human Rights Committee (MBHRC) adopted
the enclosed resolution at their December 1.1, 2012 meeting, pertaining to FDA regulations
for blood donation.
The MBHRC is urging the Mayor and City Commission to pass a resolution calling upon the
United States Food and Drug. Administration (FDA) to repeal their longstanding prohibition
on men who have sex with men from donating blood, so -as not to deny Miami Beach
residents the privilege of donating screened blood „which'unnecessarily limits the nation's
blood supply.
' If you have any questions, please contact the City Clerk's Office at 305.673.7411:. .
kGB /REG /Ih
Enclosure: *Resolution 2012 -002
cn
E
F: \CLER \HATL \Letters \LTC \LTC Transmittal- Reso 319- 2012.doc
MBHRC RESOLUTION NO.'2012 -002.
RESOLUTION OF THE CITY OF MIAMI BEACH HUMAN RIGHTS,
COMMITTEE URGING THE MAYOR AND CITY COMMISSION TO
PASS A RESOLUTION CALLING UPON THE UNITED STATES FOOD
AND DRUG_ ADMINISTRATION (FDA) TO REPEAL THEIR
LONGSTANDING PROHIBITION ON MEN WHO HAVE SEX WITH MEN
:'FROM DONATING BLOOD.
i
WHEREAS,- the United States Food .and Drug Administration : (FDA) is responsible for
protecting the public health; and
WHEREAS, the FDA regulates blood donation in the United States and explicitly bars
'any man who has had with another man,,at any time since 1977, from donating
blood; and
WHEREAS, the -FDA justifies this policy by citing that 1977 was _the beginning of the -
United States' AIDS epidemic and that men who have sex with men are at a greater risk
of HIV, hepatitis B -and other infections . that can be'transmitted by,transfusion; and
WHEREAS, this lifetime" restriction on men who have had sex with men, even once
since 1977, from `donating= blood fails to consider the individual's. HIV status and
represents the FDA's policy since 1982; and
WHEREAS, in, 1982, there were no - HIV .tests or HIV treatments, and little was known
about HIV and AIDS; and
WHEREAS, in.the almost 30 years since the FDA's decision to exclude men who have
sex with. men from donating blood, the medical community has" made.great strides in
preventing, diagnosing, creating, and understanding HIV /AIDS; and
•., WHEREAS, the FDA's lifetime restriction on men who have sex with men from donating
blood fails to consider the potential .donor's actual health status and whether the
potential donor.has actually engaged in high risk sexual activity; and
WHEREAS, the only other groups on the FDA's lifetime deferral list for blood donation -
are intravenous drug users, people who have received:•animal tissue or organs people
who traveled to or live in. certain countries due to the risk of transmitting malaria or
variant Creutzfeldt -Jakob Disease (vCJD) and people who, had sex for drugs or money;
and
WHEREAS, despite the FDA's lifetime ban on men who have sex with men, nationally,
an individual needs a - life - saving blood transfusion once every 3 seconds; yet; while 60 %'
of Americans are eligible to donate blood, on average less than 5% of people actually
donate; and
WHEREAS, a single `blood donation can save 3 lives,' following component separation;
and
WHEREAS, limiting the population of potential blood donors leaves numerous
., vulnerable individuals in, need of receiving life- saving blood; and""
WHEREAS; the greater'the donor base, the easier it will be to meet 'the nation's demand
for. blood, especially when there is a blood shortage; and
WHEREAS, - Argentina,. Australia, Hungary, Japan, New Zealand, South Africa, Sweden
and the United, Kingdom .have all imposed a time period in which men who have sex with
men must wait before being allowed to donate, while Russia completely lifted the ban;
and
WHEREAS, other countries, such as France, Italy and Spain screen potential donors
high-risk sexual practices, rather than men who have sex with men behavior, and as
such these countries defer all individuals who, have engaged` in .risky sexual behavior;
and
WHEREAS, the FDA has established a 12 -month blood donation deferral period.for any
individual who has had sexual contact with a person infected - with HIV or viral hepatitis,
except for men who have had sex with other men; and
WHEREAS, " the blood donation organizations have jointly recommended that the
deferral period for men who have had sex with other men be limited to 12 months since.
the date of the last such sexual contact; and
WHEREAS; there is a constant need for blood, and Miami Beach residents are known.to
be generous blood donors; and
WHEREAS, ' denying Miami Beach residents- , the privilege of 'donating blood
unnecessarily limits the nation's blood supply, especially since all blood supply is
screened; now, therefore, be it;
y Resolved, that the Miami Beach Human Rights Committee urges the City"
Commission to pass a resolution calling upon the United "States `Food and Drug
'Administration (FDA) to fepeal their longstanding prohibition on men who have sex with.
men from donating blood.'' v
PASSED and A OPTED this 13 day of November 2012
Eliz th Sc artz, Esq. — Chair
Miami Beach uman'Rights Committee
Signed on December -11, 2012
2
Offered by Miami Beach Human Rights Committee Member Walker C: Burttschell, who
moved its adoption. The. motion was seconded by Miami Beach Human .Rights
Committee Member Dr. Barry Ragone, and upon being put to a'vote; the -vote was as
follows:
Y Elizabeth Schwartz, Esq., Chair —Yes,
Alan B. Fishman, Esq., Vice Chair — Yes
Walker C. Burttschell = Yes
CJ,Ortuno — Absent
Dr. Barry Ragone — Yes
Rafael Trevino,,— Yes
William Warren, Jr. — Absent
FAHUMAUDMIHUMASPECIMB Human Rights Committee \Agenda120121Biood_Donations.doc