A new Canadian regulation that bans most gay men from donating organs is 'scientifically unjustified, virtually unenforceable and could worsen critical transplant shortages', a prominent Toronto HIV/AIDS doctor says. The regulation, which took effect in December, prohibits organ donations from sexually active gay men, intravenous drug users and hepatitis victims. Both regulations are unfair to thousands of conscientious gays, says Dr. Philip Berger, head of family and community medicine at Toronto's St. Michael's Hospital. "What about a gay monogamous couple, (Health Canada) is not going to let them donate? It's ridiculous," says Berger. "It's been known for 20 years that the risk factor is not in being gay (but) in risky sexual behaviour." Heath Canada officials did not respond to numerous requests for interviews by the Toronto Star newspaper yesterday. Berger says "it's what the individual does in their sexual lives, whether gay or straight, (that) puts them at risk." "To exclude bona fide donors because they've had sex with another man... would exclude a lot of people who are no risk at all. Zero risk." Berger says the "unreasonable" restriction is bound to reduce the supply of transplant organs at a time when the need is growing more urgent. But Dr. Gary Levy, head of Canada's largest organ transplant program, says the new regulation simply formalises precautions in use across Canada for at least 10 years. The new rules were based largely on blood donor criteria that exclude sexually active gays. Still, Health Canada's new criteria was bound to cause "some anger and hostility" among many homosexuals, says Levy. He agrees with Berger that the restrictions likely go too far in excluding all sexually active gay men. "I personally believe someone who has been in a monogamous relationship for 30 years, regardless of the gender of their partner, is a safe situation," Levy says. Levy says transplant physicians will likely urge Health Canada to reconsider the ban to put the emphasis on high-risk behaviour, whether promiscuous sex or illicit needle use. Berger says the Health Canada regulation is fundamentally flawed because the organ harvesting system depends entirely on the goodwill and honesty of donors or their families. He adds that current HIV screening tests can confirm the infection-free status of donated organs rapidly and with virtual certainty. The only risk would come from donors in the "so-called window period when they've been recently infected," Berger says, calling that an "infinitesimal" worry. However, Levy says HIV can incubate for 20 days or more before becoming detectable.
Credit: GayNZ.com News Staff
First published: Thursday, 10th January 2008 - 12:26pm