They don’t even have to follow it but they are, which makes them complicit. They could remove the race category completely, an 18yo of any race shouldn’t need it before a 64yo person.
When the FDA issued its emergency use authorizations for monoclonal antibodies and oral antivirals, it authorized them only for "high risk" patients—and issued guidance on what factors put patients at risk. One of those factors was race.
The guidance sheets are nonbinding and do not require clinicians to racially allocate the drugs. But states have nonetheless relied on them to justify race-based triage.
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