THE SENATE	S.B. NO.	751
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to blood donations.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that lesbian, gay, bisexual, transgender, and other individuals have historically been rejected as blood donors.  These rejections have furthered the stigma, humiliation, and emotional pain experienced by some LGBTQ+ persons and have perpetuated false associations between gender identity, sexuality, and disease.

     The legislature recognizes that homosexual males and many transgender women have been subjected to particularly harsh and discriminatory policies.  In 1977, the United States Food and Drug Administration issued a lifetime ban on blood donation for men who have had male sexual partners.  The United States Food and Drug Administration determines gender identity only by the gender assigned at birth, so this ban included transgender women with opposite-sex partners.  In 2015, the United States Food and Drug Administration adopted its current policy, requiring that potential donors undergo a one-year waiting period following male same-sex relations, including relations between a man and a transgender woman.

     The legislature finds that individualized risk assessments and rigorous testing offer better assurances of safe blood donations than blanket discriminatory practices.

     Accordingly, the purpose of this Act is to prohibit blood banks operating in the State from discriminating against potential donors on the basis of sexual orientation or gender identity.

     SECTION 2.  Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§321-    Blood banks; discrimination prohibited.  (a)  No blood bank operating in the State shall reject or defer blood donors on the basis of sexual orientation, actual gender identity, or perceived gender identity.

     (b)  For the purposes of this section:

     "Actual gender identity" has the same meaning as defined in section 431:10A-118.3.

     "Perceived gender identity" has the same meaning as defined in section 431:10A-118.3.

     "Sexual orientation" has the same meaning as defined in section 378-1."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Blood Donations; Blood Banks; Discrimination Prohibited

 

Description:

Prohibits blood banks operating in the State from rejecting or deferring blood donors on the basis of sexual orientation, actual gender identity, or perceived gender identity.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.