Resolution 2020-31416M IA M I BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeachfl.gov
Office of the City Clerk
Tel: 305-673-741 l
September 24, 2020
Stephen M. Hahn M.D.,
Commissioner of Food & Drugs
Food and Drug Administration
10903 New Hampshire Avenue
Silver Spring, MD 20993-0002
Dear Commissioner Hahn,
Attached please find a copy of City of Miami Beach Resolution No. 2020-31416:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, URGING THE UNITED STATES FOOD AND DRUG
ADMINISTRA TION ("FDA") TO REPEAL ITS PROHIBITION ON MEN WHO
HAVE HAD SEX WITH MEN ("MSM") WITHIN 12 MONTHS FROM DONATING
BLOOD, AND ALLOW MSM WHO ARE OTHERWISE HEALTHY TO DONATE
PLASMA (AND BLOOD); AND AUTHORIZING AND DIRECTING THE CITY
CLERK TO TRA NSMIT A COPY OF THIS RESOLUTION TO THE FDA.
(Sponsored by Commissioner Micky Steinberg and Co-Sponsored by
Commissioner Michael Góngora)
This Resolution was unanimously passed and adopted by the Mayor and City Commission of the
City of Miami Beach on September 16, 2020.
Respectfully,
Rafael E. Granado
City Clerk
c: Commissioner Micky Steinberg
Commissioner Michael Góngora
R E S O L U T IO N N O . 2 0 2 0 -3 1 4 1 6
A R E S O L U T IO N O F T H E M A Y O R A N D C IT Y C O M M IS S IO N O F
T H E C ITY O F M IA M I B E A C H , F L O R ID A , U R G IN G T H E U N IT E D
S T A T E S F O O D A N D D R U G A D M IN IS T RA T IO N ("F D A ") T O
R E P E A L IT S P R O H IB IT IO N O N M E N W H O H A V E H A D S E X W IT H
M E N ("M S M ") W IT H IN 1 2 M O N T H S F R O M D O N A T IN G B L O O D ,
A N D A L L O W M S M W H O A R E O T H E R W IS E H E A L T H Y T O
D O N A T E P LA S M A (A N D B L O O D ); A N D A U T H O R IZ IN G A N D
D IR E C T IN G T H E C ITY C L E R K T O T RA N S M IT A C O P Y O F T H IS
R E S O L U T IO N T O T H E F D A .
W H E R E A S , restrictions on gay blood donors date to 1983, during the height of the
AIDS crisis, when the Food and Drug Administration ("FDA") issued guidelines
encouraging a lifetime ban on blood donations by any man who had ever had sex with
another man; and
WHEREAS, the discriminatory rule, intended to keep HIV out of the blood supply,
was replaced in 2015 with the year-long abstinence requirement; and
WHEREAS, Washington, DC's premier HIV clinic, Whitman-Walker Health, stated
"The updated policy is still discriminatory and not rooted in the reality of HIV testing today,"
and opined that the deferral period should be no longer than 30 days; and
WHEREAS, the Williams Institute, a think tank affiliated with the UCLA School of
Law, found that the 12-month deferral forfeits as many as 300,000 pints of blood ever
year, which could help save the lives of more than a million people; and
WHEREAS, on January 16, 2013 and on July 13, 2016, the City of Miami Beach
passed and adopted resolutions urging the FDA to repeal their longstanding prohibitions
on men who have sex with men from donating blood; and
WHEREAS, on April 2, 2020, due to urgent need for blood amidst the COVID-19
pandemic, the FDA revised its blood donor guidelines, reducing the donation deferral
period for sexually active gay and bisexual men from twelve (12) months to three (3),
meaning these otherwise healthy men will now have to abstain from same-sex sexual
activity for 90 days before they are eligible to donate blood; and
WHEREAS, however, with important advances in blood screening and safety
technology, a time-based deferral policy is not scientifically sound, continues to effectively
exclude many healthy gay and bisexual men, an d does not meet the urgent demands of
the moment; and
WHEREAS, we must take every possible step to secure our nation's blood supply
in this critical time, and in order to do so, we need to shift away from antiquated and
stigmatizing donation policies to ones that are scientifically sound, based on individual
risk, and inclusive of all potential healthy blood donors; and
WHEREAS, the FDA must change their discriminatory blood donation policies to
be based on individual risk so that all healthy men who have sex with men are able to
donate; and
WHEREAS, the Mayor and City Commission of Miami Beach once more urge the
FDA to swiftly update blood donor deferral policies in favor of ones that are grounded in
science, are based on individual risk factors, do not unfairly single out one group of
individuals, and allow all healthy Americans to donate.
NOW, THEREFORE, BE IT DUL Y 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 its prohibition on men who have had sex with men ("MSM") within 12 months from
donating blood, and allow MSM who are otherwise healthy to donate plasma and blood;
and authorize and direct the City Clerk to transmit a copy of this Resolution to the FDA.
PASSED AND ADOPTED this 16th day of September, 2020--)
Arrsr: K.
Dan Gelber, Mayor
Rafael
(Sponsored by Commissioner Micky Steinberg)
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney~