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Plank70
Jul 25, 2007, 10:48 PM
Hi group;
Not sure if this topic has been brought up before, I could not find it. My question revolves around giving blood. awile back I was asked to give blood and before the drew the blood, I had to fill out a medical questionaire. some questions related to in the last 7 years have you...or in the last 12 months have you... and then there were some questions that asked about anal sex and if I as a man EVER had anal sex with another man. I asked the lab girl there that day why they asked those questions and what would happen if someone put yes. she mentioned that if someone put yes, their blood would not be used, and they would be put in the database as an unhealthy donor. meaning banned for life.
My question is this; what are the legal ramifications for lying on this questionaire. What if a man who knows he is clean and has had anal sex with another man lies on the questionaire? They test the blood anyway, so if it came back as unusable, they would destroy the sample and it would never enter the donor bank. I am not looking for opinions here, so I hope all our lawyer members can respond.

JoyJoyHollywood
Jul 25, 2007, 10:57 PM
There are no legal ramifications. They can't prosecute you for that. They aren't going to spend money on that.

The only reason they use those questions is because they are cheap and they don't want to spend time testing blood that may have bad qaulity.

They are a business-saving time and money are their first thought.

DiamondDog
Jul 26, 2007, 12:25 AM
I know the giving blood thing is hypocritcal BS since you can be gay/bi and celibate but as long as you've had sex with ONE man since the year 1976 you're ineligable and they don't take your blood at all.

But you can be heterosexual and have had loads of partners/unprotected sex and they'll take your blood. :rolleyes:

They're supposed to test all of the blood anyway for HIV/HEP C and other diseases.

Anyway I don't donate blood at all since I have sex with men and there are better ways to get tested and they don't want my blood anyway.

spartca
Jul 26, 2007, 1:48 AM
Yup as far as I can tell it's a CDC information gathering project. The Red Cross pretty much does whatever the CDC asks, because the feds and other conservative funding organizations hold their purse strings.

TaylorMade
Jul 26, 2007, 1:59 AM
There are no legal ramifications. They can't prosecute you for that. They aren't going to spend money on that.

The only reason they use those questions is because they are cheap and they don't want to spend time testing blood that may have bad qaulity.

They are a business-saving time and money are their first thought.

I've always thought the best remedy to this is. . .if you're in the "danger zone", fork over $5-$20 for a blood test to see if it's good stuff.

You ducked the charity fuzz at the office, if you think it's important enough, you'll fork over the cash. I would.

*Taylor*

meteast chick
Jul 26, 2007, 2:46 AM
It's true there are no legal ramifications. I give blood all the time but then again I'm not a man.

I was on my friend for years about giving blood, and she finally went in, filled out the questionaire, and a few weeks later got a letter saying she was tested positive for Hepititus and needed to see a doctor. She did and found out she has Hep C. She has no idea how so got it but credits me for doing it because she may have never known. They screen well, so as far as I'm concerned, even if you are out and out lying, they wouldn't know it and wouldn't use your blood if something was wrong with it and they would notify you if that was the case.

Just my :2cents:
luv and kisses,
xoxoxoxoxoxox
meteast

Flounder1967
Jul 26, 2007, 6:34 AM
Ok, I'm going to put my :2cents: :2cents: :2cents: in here. I have been a phlebotomist at a blood center for 15 yrs. now. I work at one that is now the 5th largest nationwide. As I'm writing this I realize that I am under my husbands name on here....OOPS. I am Mrs.F (not Flounder)

The reason for the questions we ask: #1) FDA and CDC mandate everything we ask. FDA comes in once a yr. and watches us, will at random ask to see donor cards in the archive and make sure that we are doing everything up to code. If we do not, they will shut us down. Red Cross has had trouble with this for yrs. (I do not work for Red Cross...I work for a independent blood center).
#2) If you have been doing high risk behavior activities and you lie just because you want to give your blood...think of it this way. You or a loved one is in a horrible accident, has cancer or had a heart attack. 60 pints of blood were given to save your/their life. Everything is going well and suddenly you get a call 5 yrs. later that one of the pints of blood you/they recieved was recalled??? Yes, we have to do that alot. Reason being....donors don't tell us the truth all the time because they don't want to be refused. We ask about travel to malaria areas, we ask about cancer....which you must be cancer free for 5 yrs before you can donate. If something happens such as the donor calls back and says...oh, I forgot to tell you I went to Dominican Republic and got back 6 months before I donated. Depending of-course where in the DR they were...some places are malaria risk. We would have to recall that unit of blood, which is separated into 3 different products (red cells, plasma and platelets..NO ONE ever recieves whole blood)...which by NOW has already been transfused to 3 different patients. This would have to be reported to FDA. And sometimes being refused is do to the health of a DONOR. We have a huge book called our SOP. Standard Operating Procedures. That book is our Bible. It would take you 2-3 days to read through all of it. Our Medical Director is one of the leading Infectious Diseases Physician. He is in the building everyday.
#3) We have the best testing possible now days, that is true...but honestly...think about the person recieving your blood. Do you think it's fair to them that you have been doing high risk behaviors and lying about it because you know your clean. Unless you work for a blood center you have NO idea what all is involved.
#4) You are voluntarly giving. The whole reason you cannot be paid is because FDA feels that if you are...there's your reason for lying. People will do anything for money. Plasma you can get paid for because they don't transfuse that plasma into a human...they use it to make prescription drugs. While they ask the same questions...it's obvious that many lie...if you look at the donors. Of-course that's not all donors but many of them.
#5) We are not in this to just make money as I read in someone's post. We are in the business of saving lives. We are a NOT FOR PROFIT business. Of-course we make money. And this is how....All that wonderful testing that is done. Well, those testing machines cost LOTS of money. We now have recently added a new one for West Nile Virus. Not every place has this machine. It cost money to test this blood, house this blood till it is released and can then head to the hospitals. We have to advertise or we would never have donors because I think alot of people just don't think about it until suddenly someone they know needs it or needed it. Our mobiles are going daily and doing drives somewhere and that takes a vehicle and gas and lots of staff. And all nursing staff is paid. Would you want a volunteer sticking a 16 gage needle in your arm??? We are all very good at what we do. There is so much involved with a blood center that people have NO idea. We do NOT charge for the blood itself but we charge the hospitals a fee for the testing.

So next time you go to donate blood...remember this. You may be clean. Donating blood is NOT where you should go to be testing for HIV/AIDS. That's why you can go to your Dr. or county health place.

And we are not just asking about anal sex anymore. The question we ask is "Have you had sex with another man even once since 1977?" This now includes oral...Thanks to Bill Clinton who didn't think that was a sex act. :rolleyes:

Blood is also a DRUG. None of us can live without it! When my dad fell last October, he ended up recieving over 22 bags of red cells and 4 bags of platelets (platelets are what clot your blood, when you have a cut, they take over and stop you from bleeding.) Each time I saw them hanging and being transfused into my dad....I never batted an eye because I knew that our testing is awesome and our donors are also.

Ok. I'm sorry if I lectured or dragged this way out of proportion. This actually is a question that is asked often and their nothing wrong in asking questions. Is there legal ramifications? NO. Not that I know of. If you test positive for HIV/AIDS we have to report it to your personal physician and all county health places. You will be a permanant defferral in our data base also. However, if someone became infected by someone's blood. I'm not really sure if anyone could give out names. HIPPA is so big right now. The blood center would not sue anyone and the patient would not receive names...so my guess is NO.

:compuser: I hope I helped in some way shape or form here.

Mrs.F
Jul 26, 2007, 6:39 AM
The above was written by me. Sorry for that huge screw up. :rolleyes:

onewhocares
Jul 26, 2007, 7:44 AM
Mrs. F.

Thank you for the most informative reply. You answered so many questions that I had, and also many I would never have thought of. I have been hospitalized for several surguries...2 back, 1 gallbladder, 2 muscle biopsies, 1 cervix issue and a pregnancy. Throughout the entire time, I only had one concern and that was for the operation in '89. Since that time, my mind was at ease on the contamination of the blood. Instead of worry, I spent my time trying to get back on my feet.

I actually wish I were able to give my blood, but was told that because of my high blood pressure, something which was a result of the pregnancy, I was unable. I do thank those of you who can give blood. It is true...give blood, save a life, The one you save could be your own.

Belle

Plank70
Jul 26, 2007, 9:16 AM
Thanks all for the advice. I used to give blood all the time, but in the past years, I stopped because of that question. what brought up this post was about a week ago, a police officer in my town was shot. I had known the kid from the neighborhood and they had a blood drive for him. I wanted to give blood, but didnt because of that question. Thanks Mrs. F for the information. with what you said, I will continue to abstain from donating, but it just doesnt seem fair. I want to help, I do not live a promiscuous lifestyle and because I did something just once I am banned for life...doesnt seem fair.

bearisbare
Jul 26, 2007, 10:56 AM
Same applies north of the border in Canada. I've been officially unable to donate blood since 1980. The same ban applies to countless numbers of friends and acquaintances.

Mrs.F
Jul 26, 2007, 12:21 PM
Mrs. F.

Thank you for the most informative reply. You answered so many questions that I had, and also many I would never have thought of. I have been hospitalized for several surguries...2 back, 1 gallbladder, 2 muscle biopsies, 1 cervix issue and a pregnancy. Throughout the entire time, I only had one concern and that was for the operation in '89. Since that time, my mind was at ease on the contamination of the blood. Instead of worry, I spent my time trying to get back on my feet.

I actually wish I were able to give my blood, but was told that because of my high blood pressure, something which was a result of the pregnancy, I was unable. I do thank those of you who can give blood. It is true...give blood, save a life, The one you save could be your own.

Belle

Actually Belle...you can donate with high b/p and "most" meds are ok now. Some things have changed for the better. As long as your blood pressure is not through the roof you should be ok to donate. Also diabetics can give, insulin and pills. As long as you are controlled and not having alot of ups and downs or reactions.

Mrs.F
Jul 26, 2007, 12:32 PM
Thanks all for the advice. I used to give blood all the time, but in the past years, I stopped because of that question. what brought up this post was about a week ago, a police officer in my town was shot. I had known the kid from the neighborhood and they had a blood drive for him. I wanted to give blood, but didnt because of that question. Thanks Mrs. F for the information. with what you said, I will continue to abstain from donating, but it just doesnt seem fair. I want to help, I do not live a promiscuous lifestyle and because I did something just once I am banned for life...doesnt seem fair.

I just wanted to mention that I know FDA and our Infectious Diseases Dr. are working on changing that male/male question. I'm sure it will be a while before it comes to pass but it would become....If you had sex with another male over 12 months ago you would be ok to donate. However, if you were in a relationship or met someone on the side every now and then it would still prohibit you from donating. But for someone as yourself who had a experience only once and yrs. ago then you would be ok. This will be a huge change, but because our testing is so improved compaired to the 70's and 80's and our donor base is dropping drastically due to health problems, travel and high risk behaviors..something has to change.

Did you all know that 65% of the population is able to donate but nationally, only 5% do?

meteast chick
Jul 26, 2007, 12:56 PM
I reread what I had posted and just wanted to clarify that I was in no way advocating donating blood as a means to test it. What I was saying is that there are rigorous tests done to make certain the blood they are giving is not tainted. They don't want to end up with the AIDS transfusion problem of the 70's and 80's.

I think anyone and everyone that think they can donate should. It's wonderful at times of national crisis and holidays that people donate, but there is a need 24 hours a day, 365 days a year guys! So drive down to your local church/Red Cross/school/KC Hall or whatever, roll up your sleeve, grit n bear it!

luv and kisses,
xoxoxoxoxoxox
meteast

Mrs.F
Jul 26, 2007, 2:32 PM
I reread what I had posted and just wanted to clarify that I was in no way advocating donating blood as a means to test it. What I was saying is that there are rigorous tests done to make certain the blood they are giving is not tainted. They don't want to end up with the AIDS transfusion problem of the 70's and 80's.

I think anyone and everyone that think they can donate should. It's wonderful at times of national crisis and holidays that people donate, but there is a need 24 hours a day, 365 days a year guys! So drive down to your local church/Red Cross/school/KC Hall or whatever, roll up your sleeve, grit n bear it!

luv and kisses,
xoxoxoxoxoxox
meteast

I didn't take your post that way at all Rachelle. I was however responding to JoyJoyHollywoods post. I can't even imagine what this world be like if we didn't put forth the money to test every single unit of blood everytime you donated. Everyone's lives would be at risk. All the questions are doing is weeding out donors who are not healthy enough to donate, may be taking a drug that can cause a baby or pregnant mother to have birth defects, and trying to keep tainted blood out of the pool of blood that will be transfused to patients. It's one thing if you have Hep. B or C and don't know it. That is possible and yes, we have caught that for many donors who didn't have a clue. We have also caught some donors who had really low hct/hmg and sent them to their drs. Later to find out they had the beginning stages of cancer or Leukemia.

I could go on forever with stories but I won't. I've already bored you all to tears. :(

arana
Jul 26, 2007, 4:14 PM
I definitely understand the need for untainted blood but if a person is clean, healthy and their blood is fine I don't think the type of sex you have should matter. It's too bad there isn't a better system for detecting good and bad blood on the spot or funds to be able to test ever pint of blood and be 100% sure it was safe. I can't give blood because mine is considered to be diseased, not because of any diesease I have but merely because I produce too many blood cells. I have to have bloodlettings from time to time because I have too much blood...logically donating the excess would be ideal but instead it's tossed in the trash afterwards.

Mrs.F
Jul 26, 2007, 5:59 PM
I definitely understand the need for untainted blood but if a person is clean, healthy and their blood is fine I don't think the type of sex you have should matter. It's too bad there isn't a better system for detecting good and bad blood on the spot or funds to be able to test ever pint of blood and be 100% sure it was safe. I can't give blood because mine is considered to be diseased, not because of any diesease I have but merely because I produce too many blood cells. I have to have bloodlettings from time to time because I have too much blood...logically donating the excess would be ideal but instead it's tossed in the trash afterwards.

Hemachromatosis or Polycythemia? We use Hemachromatosis patients blood now. Your right, there is nothing wrong with it and it is a huge waste. Once you get to the level the dr. wants you at there is no reason not to use it. Polycythemia will probably never change in procedure.

Maybe someday there will be a way that everyone can donate and we have tests that are 100%. We've come A LONG way since Aids and Hepatitis.

onewhocares
Jul 26, 2007, 6:06 PM
Mrs. F,

Thank you for the great news. Yes, it has been a long while since I tried to donate blood. I developed high blood pressure when I was pregnant with our daughter Kendall. As a matter of fact, it was also during the pregnancy that I developed gallstones and had the gallbladder taken out three weeks after giving birth. Giving birth also herniated a disc and I had back surgury three months after Kendall's birth. Seems like a lot just for the joy of having a baby, but she is so worth every moment of pain and anguish. Now that she is on the verge of becoming a teenager......ah...I might change my mind. And it helps, so very coincidentally to look like a mini version of YOU.


Belle

canuckotter
Jul 26, 2007, 7:01 PM
The question is the same in Canada (word for word, I believe) and the story that the Red Cross gave up here is that the question is actually mandated by the WHO. It seems pretty obvious to me that the wording of the question is blatant homophobia... Meh. Whatever. I still give blood. I know I'm clean, and I don't indulge in any high-risk activities (including sex outside of marriage) so I'm not worried. All of which is reminding me that it's been nearly two years since my last donation... I should really book an appointment. I'm at 11 donations, I want to hit at least 50 before something stops me from being able to donate. :)

dafydd
Jul 26, 2007, 7:02 PM
#3) We have the best testing possible now days, that is true...but honestly...think about the person recieving your blood. Do you think it's fair to them that you have been doing high risk behaviors and lying about it because you know your clean. Unless you work for a blood center you have NO idea what all is involved.


I think the problem with the questionnaire is that they are not screening out people who engage in high risk behaviour. They are screening out homosexual men which is a very different thing.

I have been in A&E all night with a lacareted hand. God bless the National Health Service! Think i lost quite a bit of blood. And am flying to states Wed! feel a bit delirious. My friend thought it funny that instead of putting pressure on the wound whilst waiting for the ambulance, I ran around the flat trying to find my camera and then took several photos of my red messy hand. My own blood fascinates me. Anybody else feel this way when they cut themselves?
Ow the aneasthetic is wearing off. :eek: :eek:
please send good vibes...

d

arana
Jul 26, 2007, 7:03 PM
Hemachromatosis or Polycythemia? We use Hemachromatosis patients blood now. Your right, there is nothing wrong with it and it is a huge waste. Once you get to the level the dr. wants you at there is no reason not to use it. Polycythemia will probably never change in procedure.

Maybe someday there will be a way that everyone can donate and we have tests that are 100%. We've come A LONG way since Aids and Hepatitis.
I have Polycythemia

Yes, it would be wonderful if everyone could donate without risk... We have come a long way so maybe one day we will be able to cure people and not need to worry about things like low blood bank supplies.

bikiniguy
Jul 26, 2007, 7:54 PM
I have to say I got a real education in this question and answer area. i did not know how much or why some things were done. Since I had cancer in the last 5 years if is not an issue I have to worry about. But I have given plasma before and I am neg on disease.