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Dennis Thomson, quoting I. Glenn Cohen (Faculty Director)
Philly.com
December 3, 2014

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[...] The FDA first adopted the policy at the dawn of the AIDS crisis. However, changing times and technological advances have rendered the decades-old ban obsolete, according to Glenn Cohen, who directs Harvard Law School's Petrie-Flom Center for Health Law Policy, Biotechnology & Bioethics. Cohen recently co-authored an article in the Journal of the American Medical Association that called for a lifting of the ban.

"We think it's time for the FDA to take a serious look at its policy, because it's out of step with peer countries, it's out of step with modern medicine, it's out of step with public opinion, and we feel it may be legally problematic," Cohen said when the article was published.

The lifetime ban for gay or bisexual men stands in contradiction to other FDA policies regarding people considered high-risk donors due to their sexual behavior, Cohen noted.

For example, there currently is a maximum one-year ban in the United States for blood donations by men who have had sex with an HIV-positive woman or commercial sex workers. The same goes for women who have had sex with HIV-positive men.

By implementing a lifetime ban on donation from sexually active gay or bisexual males, "you're giving a 'scarlet letter' of sorts to these men," Cohen said. [...]

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Tags

bioethics   fda   health law policy   hivaids   human rights   human tissue   i. glenn cohen   public health   regulation