Blood Donation Southern California

[jillio]

Check in the ADA laws. and the HIPPA laws. And do feel free to browse around this site to ask more questions.


But I am almost certain that not allowing someone to donate blood due to deafness is discriminating....Regardless of having a Terp or not.

Absolutely. It is blatant. And to have such a policy as standard operating procedure tells me that this company should not be trusted. If they are this ignorant about their obligations under the ADA and their obligations under HIPPA and priviledged communication laws, then I can only assume that they are just as ignorant regarding proper handling of blood, sterilization procedures, and disposal of hazardous waste laws.

 

[jillio]

It isn't discrimination if it applies to everyone. It does not specifically say "Deaf people cannot donate" It says that if someone speaks another language and is not able to communicate directly with the employee they have to have a interpreter.

You are absolutely and unequivocally wrong. If a deaf client walked into the clinic to donate without an interpreter, they would be refused based on the fact that they are deaf. Citing confidentiality is insufficient to support such a policy. This company is in violation of federal law.

 

[jillio]

It is not a written history or a medical record if it is on a non-regulated form. (i.e. a blank page or the back of another form)

Additionally, that is why the terp must be working for the company.

Again, this is absolutely incorrect. History notes can be made on a blank piece of paper, or on the back of another form. They do not have to be on a standard form.

 

[Babyblue]

You cannot donate if your tattoo is less than 12 months old.

No doubt!!


That is correct.. also asks you if you have received blood in the past. It asks you if you use drugs or have unsafe sex with multiple partners it asks you if you have been outside of the country.. or in Africa.. etc.

So what other question do they need to ask on a blank piece of paper. If the questions are answered.. then they know by the person filling out the questionnaire if a person can donate or not. It is a self answered paperwork to let them know if they can donate or not.

 

[Babyblue]

Again, this is absolutely incorrect. History notes can be made on a blank piece of paper, or on the back of another form. They do not have to be on a standard form.

Exactly.. due to it is a form of communication.

 

[jillio]

No doubt!!


That is correct.. also asks you if you have received blood in the past. It asks you if you use drugs or have unsafe sex with multiple partners it asks you if you have been outside of the country.. or in Africa.. etc.

So what other question do they need to ask on a blank piece of paper. If the questions are answered.. then they know by the person filling out the questionnaire if a person can donate or not. It is a self answered paperwork to let them know if they can donate or not.

Exactly. And those questions relate directly back to the safety of the blood being donated. They rule out possible contamination that would make the blood dangerous to someone receiving it. However, deafness does not make a blood product unsafe. Speaking another language does not make a blood product unsafe. Therefore, safety cannot be used as justification for blatant discrimination.

 

[lmvashaw]

You are absolutely and unequivocally wrong. If a deaf client walked into the clinic to donate without an interpreter, they would be refused based on the fact that they are deaf. Citing confidentiality is insufficient to support such a policy. This company is in violation of federal law.

They would not be refused based on being Deaf. They would be refused if they cannot answer clarifying questions. If they fill out the paperwork and there are no questions they would be fine, but if something needs to be clarified on, as I mentioned before, it must be done with a interpreter per the FDA.

You also have to understand that this is a donation, not a medical procedure that effects the donor themselves (unless they have a reaction) Yes, there has to be one on staff for hospitals and things of that sort, but this does not have the same regulatory systems. This company is treated like a company that manufactures a drug (since blood was classified as a drug) not like a clinic or doctor office.

Plus, there is a lot of discrimination in the donation field. But that is not determined by the company, it is determined by the FDA. Perfect example is that gay men cannot donate. Period. End of story.

This blood is going into another person, if we cannot get the information needed from the donor in order to ensure that the blood is safe the blood cannot be used because there is the slim chance that the donor has some disease that the patient who gets the blood can contract.

 

[jillio]

Exactly.. due to it is a form of communication.

Absolutely. I have made addendums to written histories on the back of the forms, or on blank pieces of papers that I have attached to the history form. Especially when it is necessary to communicate information that is not covered in the stadard form questions, and detail is of importance.

 

[lmvashaw]

Again, this is absolutely incorrect. History notes can be made on a blank piece of paper, or on the back of another form. They do not have to be on a standard form.

no, they cant, because it would have to be kept for ten years. Take for instance if they wrote down "Have you had sex with a gay male?" and the person answers "yes" then the paper gets misplaced and someone else sees it. Can you imagine the law suit waiting to happen?

 

[lmvashaw]

No doubt!!


That is correct.. also asks you if you have received blood in the past. It asks you if you use drugs or have unsafe sex with multiple partners it asks you if you have been outside of the country.. or in Africa.. etc.

So what other question do they need to ask on a blank piece of paper. If the questions are answered.. then they know by the person filling out the questionnaire if a person can donate or not. It is a self answered paperwork to let them know if they can donate or not.

The problem is that people do not read the forms properly and mischeck things. Which means their answers can be clarified.

 

[Babyblue]

The problem is that people do not read the forms properly and mischeck things. Which means their answers can be clarified.

That is for anyone... Not just for deaf people.



Do we need a terp for idiots too??

 

[jillio]

They would not be refused based on being Deaf. They would be refused if they cannot answer clarifying questions. If they fill out the paperwork and there are no questions they would be fine, but if something needs to be clarified on, as I mentioned before, it must be done with a interpreter per the FDA.

You also have to understand that this is a donation, not a medical procedure that effects the donor themselves (unless they have a reaction) Yes, there has to be one on staff for hospitals and things of that sort, but this does not have the same regulatory systems. This company is treated like a company that manufactures a drug (since blood was classified as a drug) not like a clinic or doctor office.

Plus, there is a lot of discrimination in the donation field. But that is not determined by the company, it is determined by the FDA. Perfect example is that gay men cannot donate. Period. End of story.

This blood is going into another person, if we cannot get the information needed from the donor in order to ensure that the blood is safe the blood cannot be used because there is the slim chance that the donor has some disease that the patient who gets the blood can contract.

How would you know if they can answer the questions or not if you refuse to ask them? No matter how you try, you cannot justify this. It all comes down to them being refused based on the fact that they are deaf. I am absolutely certain that the DOJ will see it as such, as well.

Actually, you are misinformed regarding gay men, as well. It is not their being gay that restricts the conditions under which they can donate. It is whether or not they are engaging in certain high rish behaviors that have the potential to contaminate the donation. That is not discrimination. That is a safety issue regarding the handling and contamination of the blood. Additionally, a gay man can easily deny being gay, and donate any time he wishes. You have no means by which to determine, and in fact, cannot even legally pose the question of sexual preference to any individual. Deafness is much more obvious, and therefore, more subject to the outright discriminatory practices this company is engaged in.

 

[lmvashaw]

That is for anyone... Not just for deaf people.



Do we need a terp for idiots too??

uh... thats called <i>clarification</i> which cannot be done if they cannot communicate with them directly. I thought I said this already?

 

[jillio]

no, they cant, because it would have to be kept for ten years. Take for instance if they wrote down "Have you had sex with a gay male?" and the person answers "yes" then the paper gets misplaced and someone else sees it. Can you imagine the law suit waiting to happen?

I'd like to see the form that includes that question. It is illegal as well.

You are truly ignorant regarding confidentiality ethics and priviledged communication laws. As well as accepted standards for protecting confidentiality.

As I stated before, this company should not be trusted. The more you post, the more it becomes obvious that they are extremely irresponsible and in violation of the law.

 

[jillio]

uh... thats called <i>clarification</i> which cannot be done if they cannot communicate with them directly. I thought I said this already?

Completely and utterly incorrect. Are you a certified terp? A phlebotomist that knows a few signs? You know, using an unqualified person to terp is a violation of the ADA, as well.

 

[jillio]

That is for anyone... Not just for deaf people.



Do we need a terp for idiots too??

Exactly.

 

[Babyblue]

Imvashaw.

I think it is great that I speak again and again about. That you are wanting to interpret for the deaf during the process of wanting to donate blood.

My qualm is... you can not discriminate against a deaf person that does not want an interpreter. If they have not requested one then they probably do not want one, out of respect of their privacy of not wanting another person outside, to know their medical history.

I walked in a blood bank a few days ago. I had no problems with it... I had no interpreter.. Nor did I request one. for one thing. It was a spur of the moment thing when I was in town.

I would have been highly pissed and upset if I was turned down due to my deafness.


It is senseless especially when the blood bank, already have a hard enough time getting people to donate blood in the first place.

 

[lmvashaw]

How would you know if they can answer the questions or not if you refuse to ask them? No matter how you try, you cannot justify this. It all comes down to them being refused based on the fact that they are deaf. I am absolutely certain that the DOJ will see it as such, as well.

Actually, you are misinformed regarding gay men, as well. It is not their being gay that restricts the conditions under which they can donate. It is whether or not they are engaging in certain high rish behaviors that have the potential to contaminate the donation. That is not discrimination. That is a safety issue regarding the handling and contamination of the blood. Additionally, a gay man can easily deny being gay, and donate any time he wishes. You have no means by which to determine, and in fact, cannot even legally pose the question of sexual preference to any individual. Deafness is much more obvious, and therefore, more subject to the outright discriminatory practices this company is engaged in.

You are talking in circles. I already said that if nothing needs to be clarified they are fine to donate, but if they need to clarify any of their questions that is where the problems happen. They need to be able to communicate directly or through an interpreter. Note: That does not mean through a piece of paper.

No, I am not misinformed. It does not say "are you gay" it says "Are you a male that has ever had sex with another male" That would mean what? They are gay or bi, but it is viewed the same. If they lie about being gay and mark no on the paper and it is found out later they can be prosecuted for a felony since it is a legal document, which they sign stating that it is fully true as far as they are aware. So, I wouldn't recommend it.

 

[lmvashaw]

Completely and utterly incorrect. Are you a certified terp? A phlebotomist that knows a few signs? You know, using an unqualified person to terp is a violation of the ADA, as well.

I am not certified. I have taken all the classes and such, but have not done the RID testing because I do not want to work as an interpreter and the test costs a lot of money.

Uh, you know that many interpreters are not certified right? Many are CODAs or just learned sign language one way or another.

 

[Babyblue]

Geez.. I would hate for people that can not read to try to donate blood.


Since they have to rely on a person to speak for them... like an interpreter. I wonder... do they have to have someone certified to to that as well???