Is it illegal to sell your plasma?
It is legal to sell your plasma in the United States, though technically it is a 'donation.'
Selling plasma is legal throughout the United States, though regulations define the payment as compensation for time rather than a direct purchase of the biological material. Federal law prohibits the sale of whole organs or blood for transfusion, but plasma for manufacturing purposes is exempted. Most centers limit donors to two visits per week to ensure donor health and sample quality. This industry is highly regulated by the FDA to maintain safety standards for both the donor and the final pharmaceutical products.
RELEVANT LAWS
- National Organ Transplant Act (42 U.S.C. § 274e)Prohibits the sale of human organs but excludes blood and plasma.
- 21 C.F.R. Part 606Established FDA standards for blood and plasma collection record-keeping.
- 21 C.F.R. Part 640Federal requirements for the manufacture and testing of biological products including plasma.
POTENTIAL PENALTIES
- Permanent deferral from donation centers for providing false medical history.
- Loss of facility licensing for centers failing to meet FDA biosafety purity standards.
- Civil liability for centers that cause physical harm through negligence during the extraction process.
JURISDICTION
While legal at the federal level, some states may impose additional licensing requirements on outpatient collection facilities.
The United States provides roughly 70% of the world's plasma supply because it is one of the few countries that allows donors to be paid.
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