Is this legal? - Dallas Dance Music - Dallas nightlife, music, tickets, and more

JeremyWord · 12-20-03, 08:48 PM

Those of you that know me personally know that Im a pretty calm guy that doesnt really flaunt the fact that Im gay all over the place, but I need some feedback on something that happened today that really threw me off.

Here's the situation: My cousin's boyfriend needs a bone marrow transpant and they were doing testing for donor compatability today. It involved giving blood at my Uncle's church. I went in with my sister and dad earlier today and the first page on the form to fill out basically says that if you're a male that has had sex with another male you are inelligble to donate.

Now, I could understand if that was at the patient's request...but it wasnt. It was the hospital policy.

Is this legal? And if it is, how is it legal?
I just read a report that stated that teenagers, women and drug abusers were at highest risk of infection of HIV. So why is it that these people are not screened either? And wouldn't they test the blood and the donor before doing something as serious as a bone marrow transplant?

12-20-03, 09:03 PM

You got me. That doesn't sound right though. But if it's a private company (which most hospitals are) I suppose it's their right to set those parameters.

I'd think they'd test it regardless of how you answer those stupid questions.

johnny861 · 12-20-03, 09:05 PM

That's very odd.

USAcommitteeX · 12-20-03, 09:15 PM

I would say that is some form of discrimination and they probably assume that you might have something, or they just don't want to take the chance from a medical perspective, if your clean and healthy I don't see what the problem would be.

12-20-03, 09:32 PM

i guess its sort of like the stipulations of donating blood. If you've had a tattoo or a piercing in the past 12 months you cant give blood.

i dont know. that shouldnt make any different. By law they have to do thurough check on donated blood, organs, whatever. Because that is a serious health hazard of course, why wouldnt they? Should not make no difference wether you are homosexual and having relations or not.

The only suggest to an answer I can think of, is that they are just filtering out "potential" problems. They dont want to spend the cost on something that is potential going to end up a lost cause and not be of any use.

Sweet Imperfection · 12-20-03, 09:50 PM

That's a good question. I would think they would do a blood test FIRST, before assuming you are not elligble based on you sex prefrence.

Perhaps there are other medical reasons that at least I don't know about, as to why they blantly eliminate you based on a positive answer to that question.

Like miles said, they probably have the right to do that, but it does seem unfair. They could very well be passing up totally compatable and completely healthy doners by eliminating people who have different lifestyle choices.

doesnt make sense to me

willy_jack · 12-20-03, 11:03 PM

it is not right, however, it may be legal....

which sucks ass!

MeThoD · 12-20-03, 11:12 PM

fuck it! give blood (yes this means lie'n on sum stupid piece of paper) but if you got the marrow that will safe this person's life?

j.word drop'n crazy ill bombs bombsbombsbombsbombs!!

b.

Adam D · 12-21-03, 09:06 AM

I always questioned that too. I realize that the great fear among many people is that AIDS is only transfered or generally only transfered by homosexual men, but that's ridiculously untrue. Even if it was, I don't see they should be automatically ruled out before a blood test is administered.

Maybe people are worried about picking up that "gay gene"?

Dionysos · 12-21-03, 11:19 AM

Quote:

Originally posted by JeremyWord
Those of you that know me personally know that Im a pretty calm guy that doesnt really flaunt the fact that Im gay all over the place, but I need some feedback on something that happened today that really threw me off.

Here's the situation: My cousin's boyfriend needs a bone marrow transpant and they were doing testing for donor compatability today. It involved giving blood at my Uncle's church. I went in with my sister and dad earlier today and the first page on the form to fill out basically says that if you're a male that has had sex with another male you are inelligble to donate.

Now, I could understand if that was at the patient's request...but it wasnt. It was the hospital policy.

Is this legal? And if it is, how is it legal?
I just read a report that stated that teenagers, women and drug abusers were at highest risk of infection of HIV. So why is it that these people are not screened either? And wouldn't they test the blood and the donor before doing something as serious as a bone marrow transplant?

Have you asked any doctors and/or lawyers about it?

Adam D · 12-21-03, 11:26 AM

Quote:

Originally posted by Dionysos
Have you asked any doctors and/or lawyers about it?

What would they know that DDM wouldn't know?

Dionysos · 12-21-03, 11:28 AM

Quote:

Originally posted by Adam D
What would they know that DDM wouldn't know?

Incisive sarcasm?

12-21-03, 03:24 PM

Quote:

Originally posted by JeremyWord
Those of you that know me personally know that Im a pretty calm guy that doesnt really flaunt the fact that Im gay all over the place, but I need some feedback on something that happened today that really threw me off.

Here's the situation: My cousin's boyfriend needs a bone marrow transpant and they were doing testing for donor compatability today. It involved giving blood at my Uncle's church. I went in with my sister and dad earlier today and the first page on the form to fill out basically says that if you're a male that has had sex with another male you are inelligble to donate.

Now, I could understand if that was at the patient's request...but it wasnt. It was the hospital policy.

Is this legal? And if it is, how is it legal?
I just read a report that stated that teenagers, women and drug abusers were at highest risk of infection of HIV. So why is it that these people are not screened either? And wouldn't they test the blood and the donor before doing something as serious as a bone marrow transplant?

Why would it be illegal? One doesn't have to justify refusing a donation.

Private party accepting a donation here (your blood). It is entirely reasonable that they would take measures to ensure that integrity of their blood supply - in fact it would be negligent if the did not.

I think you're asking if this was a form of discrimination based on sexual orientation. While you point out other groups that are high risk it is not relevant in determining if you are a risk. (You can't say to the judge - "But there were other people speeding faster than me. Why should I get a ticket. You were still speeding)

You may find their screening easures offensive and poorly chosen - but they are quite rationally related to the pupose here.

GX_ · 12-21-03, 03:26 PM

Really isnt illegal.

They see only statistics. If they did start taking chances then they would have to fund screenings of any transferrable human fluids, tissues, or cells. You can't blame them for trying to keep costs down.

Sweet Imperfection · 12-21-03, 05:11 PM

still....like i said before:

Quote:

They could very well be passing up totally compatable and completely healthy doners by eliminating people who have different lifestyle choices.

sigh....oh well *shrug*

12-20-03, 08:48 PM	#1 (permalink)
JeremyWord Join Date: Jul 2001 Location: Dallas Posts: 3,034	Is this legal? Those of you that know me personally know that Im a pretty calm guy that doesnt really flaunt the fact that Im gay all over the place, but I need some feedback on something that happened today that really threw me off. Here's the situation: My cousin's boyfriend needs a bone marrow transpant and they were doing testing for donor compatability today. It involved giving blood at my Uncle's church. I went in with my sister and dad earlier today and the first page on the form to fill out basically says that if you're a male that has had sex with another male you are inelligble to donate. Now, I could understand if that was at the patient's request...but it wasnt. It was the hospital policy. Is this legal? And if it is, how is it legal? I just read a report that stated that teenagers, women and drug abusers were at highest risk of infection of HIV. So why is it that these people are not screened either? And wouldn't they test the blood and the donor before doing something as serious as a bone marrow transplant? __________________ Jeremy Word feat. Deanna - Hear You Hum Video http://www.fullaccessdallas.net http://www.jeremyword.com http://www.myspace.com/jeremywordmusic http://www.myspace.com/fullaccess_prototype http://www.meltdowndallas.com

12-20-03, 09:50 PM	#6 (permalink)
Sweet Imperfection Join Date: Oct 2001 Location: St Louis Posts: 3,944	That's a good question. I would think they would do a blood test FIRST, before assuming you are not elligble based on you sex prefrence. Perhaps there are other medical reasons that at least I don't know about, as to why they blantly eliminate you based on a positive answer to that question. Like miles said, they probably have the right to do that, but it does seem unfair. They could very well be passing up totally compatable and completely healthy doners by eliminating people who have different lifestyle choices. doesnt make sense to me __________________ I would rather live my life as if there is a God and die to find out there isn't, than live my life as if there isn't a God and die to find out there is. -sk

12-21-03, 09:06 AM	#9 (permalink)
Adam D Feline Leukemia Survivor Join Date: Jul 2001 Location: Law School Posts: 7,750	I always questioned that too. I realize that the great fear among many people is that AIDS is only transfered or generally only transfered by homosexual men, but that's ridiculously untrue. Even if it was, I don't see they should be automatically ruled out before a blood test is administered. Maybe people are worried about picking up that "gay gene"? __________________ This is my signature.

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12-20-03, 09:03 PM	#2 (permalink)
-m- Guest Posts: n/a	You got me. That doesn't sound right though. But if it's a private company (which most hospitals are) I suppose it's their right to set those parameters. I'd think they'd test it regardless of how you answer those stupid questions.

12-20-03, 09:15 PM	#4 (permalink)
USAcommitteeX Join Date: Jun 2003 Posts: 1,219	I would say that is some form of discrimination and they probably assume that you might have something, or they just don't want to take the chance from a medical perspective, if your clean and healthy I don't see what the problem would be.

12-20-03, 09:32 PM	#5 (permalink)
Nicole Unisca Guest Posts: n/a	i guess its sort of like the stipulations of donating blood. If you've had a tattoo or a piercing in the past 12 months you cant give blood. i dont know. that shouldnt make any different. By law they have to do thurough check on donated blood, organs, whatever. Because that is a serious health hazard of course, why wouldnt they? Should not make no difference wether you are homosexual and having relations or not. The only suggest to an answer I can think of, is that they are just filtering out "potential" problems. They dont want to spend the cost on something that is potential going to end up a lost cause and not be of any use.

12-20-03, 11:03 PM	#7 (permalink)
willy_jack Registered User Join Date: Sep 2001 Location: in my head Posts: 3,090	it is not right, however, it may be legal.... which sucks ass!

12-20-03, 11:12 PM	#8 (permalink)
MeThoD Join Date: Apr 2002 Location: is where you iz! Posts: 486	fuck it! give blood (yes this means lie'n on sum stupid piece of paper) but if you got the marrow that will safe this person's life? j.word drop'n crazy ill bombs bombsbombsbombsbombs!! b.

12-21-03, 03:26 PM	#14 (permalink)
GX_ rally!~ Join Date: Apr 2003 Location: Plano Posts: 2,279	Really isnt illegal. They see only statistics. If they did start taking chances then they would have to fund screenings of any transferrable human fluids, tissues, or cells. You can't blame them for trying to keep costs down.