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Sexually active gay men no longer allowed to donate organs
Last Updated: Monday, January 7, 2008 | 10:08 PM ET
CBC News

A number of organ donation groups said Monday that they are unaware of new Health Canada regulations that mean sexually active gay men, injection drug users and other groups considered high risk will no longer be accepted as organ donors.

The new rules, which came into effect in December, are similar to the regulations for determining who can donate blood. Those rules exclude groups that are at high risk of transmitting infectious diseases such as HIV and hepatitis C and B.

Dr. Gary Levy, who heads Canada's largest organ transplant program at Toronto's University Health Network, said he was unaware of the new policy on organ donations.Dr. Gary Levy, who heads Canada's largest organ transplant program at Toronto's University Health Network, said he was unaware of the new policy on organ donations.
(CBC)

Officials at several transplant programs in the country said because they were unaware of the new regulations, they would continue to consider all potential donor organs.

"We have not been informed, first of all, that Health Canada is considering this," said Dr. Gary Levy, who heads Canada's largest organ transplant program at Toronto's University Health Network. "Obviously if Health Canada wishes to discuss that, we would hope they would engage all stakeholders."

Dr. Peter Nickerson, director of Transplant Manitoba, which procures organs in that province, said transplant programs must now by law interview family members of the donor as part of the screening process.

"We'll be asking about things like travel, history of infectious disease, whether they've [donors] been in jail — that puts you at increased risk," Nickerson said. "Have they been an IV drug abuser in the past? Have they had tattoos? There's a whole list of questions we go through."
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They are also asked about the donor's sexual orientation. The donor will be excluded if the donor is a man who had sex with another man in the previous five years.

Health Canada had contracted the Canadian Standards Association in 2003 to come up with standardized guidelines to ensure the safety of the organ donation system.

Transplant programs have been screening potential donors, but in some cases use organs from people in high-risk groups if they've tested negative for diseases. The new legislation means that practice must stop.

A spokeswoman for Health Canada confirmed the new regulations in an e-mail, but the department didn't make anyone available to explain the changes.
Focus should be on behaviour: gay activist

Levy said organ donors shouldn't be held to the same high standards as blood donors because the stakes for the organ recipient are higher.

"Organ donation and the opportunity to save a life at a specific time — we have no substitute therapies," Levy said.

Levy estimates that out of 100 organ donors at his Toronto hospital every year, about seven will be rejected because of the new regulations. About 4,000 Canadians are waiting for an organ transplant.

Some in the gay community complained that the new policy is wrong-headed and that Health Canada should focus on risky sexual behaviours, not sexual orientation.

"I think it's more of an issue of anal sex, anal intercourse, than it is to do with whether someone is gay or straight," said Dean Robinson, a gay activist.
 
Pretty disgusting.

I almost donated 60% of my liver to my father last year and was never once asked about my sexuality (although I was asked just about every other question imagineable). My brother ended up being the live donor, but what a situation that would have put us in if my brother didn't qualify and I was disqualified based on my sexuality. In cases like my fathers where expediency was of the utmost concern, this legislation could have easily killed him.
 
Wow. Would "active" hetros be at as much risk, supposedly?

What next - allow only virgins to donate organs? That would be at least fair.

Disgusting.
 
Is HIV transmission actually that high a concern? How likely is it that a given donor will have an undiagnosed case of HIV, which can't be detected as HIV was contracted less than three weeks prior? Given present transmission rates, I imagine the risk is extremely low when weighed against, oh dying on the transplant list.
 
Not to mention that studies have found high-risk sexual activity in MSM sex is highest in closeted bisexuals and homosexuals.. and how likely are they to admit they had high-risk sex if someone asked?
 
this is scary. does it mean that their testing procedures are not fool proof and so flawed that they have to resort to such primitive standards? and what is the government spending on R&D for trying to growing organs from stem cells? and the manufacture of artificial blood? the health industry really needs to get out of the junk yard business. relying on someones account for testing is like a court relying solely on someone to swear on a bible to see if they are telling the truth - it doesn't work.

people lie and people that don't engage in any risky behavior have the possibility of being infected and it does happen. it's embarrassing that this is the best they can do.
 
Reminds me of Dr. Corday's final storyline from ER, when she wanted to perform an organ transplant between two HIV positive guys...it was illegal but she did it anyway and quit before she could be fired.
 
I have a sneaking suspicion that this is more about discrimination. I am a layperson, but given the numbers involved, I can't imagine that risk of contracting HIV (which is slight, given tissues are tested prior to transplant) outweighs the risk of death for candidates for transplants (which tends to be imminent). I mean, hell... living with HIV for 5 or 10 years is probably better than dying in 12 weeks on dialysis.
 
if only black market organ dealers had the same standards i wouldn't be afraid to go to mexico and take a pretty woman back to my hotel room. ;)
 
I wonder how much of this has to do with the fallout from the tainted blood settlements. Health Canada may be doing this just to give the appearance of being proactive so that if, twenty years from now, it turns out a new pathogen has entered the donation pool and recipients get infected at least they'll be able to put their hands up and point to a policy like this as evidence of due diligence, whether it's actually justified or not.
 
This is completely ridiculous. Thousands of people die every year because they can't get an organ. Supposedly this is being done because the test for HIV doesn't work if you've contracted it within the last three weeks. I guarantee that there will be a lot of people who'd rather take that risk than die on a waiting list.

This is definitely to do with the tainted blood scandal. They're absolutely terrified that someone will contract AIDS or another disease. Leaving aside the extremely dubious merits of a policy banning all gay men as if they're the only people with AIDS, there's a fundamental difference between blood and organ donation. While there are shortages from time to time, people aren't constantly dying because there's no available blood as they are when they need organs.
 
I'm curious to hear Health Canada's rationale.
I assume it follows the same reasoning that blood donations from homosexual men are not accepted.

We must remember, they're not banning gay men. They're banning men who have had anal sex with other men. This does not by default cover all gay men, as surely there are a few that think doing that is pretty gross. I know, I know, don't knock it 'till..... Perhaps they should just ask if you've undertaken any risky sexual behaviour over the last year, including anal sex with either sex.
 
Why is Health Canada allowed to discriminate gay people when we are not allowed to? Oh, and gay men are not allow to donate blood as well right?

Totally disgusting and I don't know why human right groups are ok with this?
 

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