A Milan hospital, basing their decision on an “internal policy,” refused to allow Paolo Pedote, a gay man, to donate blood last week. Italy’s health minister, Francesco Storace, called the hospital’s position unacceptable and their behavior possible grounds for a criminal investigation.

The hospital refuses to budge. Paolo Rebulla, the director of the Policlinico’s transfusion center, told the Corriere della Sera newspaper that he stands by the staff’s position.

Rebulla said told the paper that the hospital has “a fundamental duty to protect patients who receive blood”.

Under Italian law gays cannot be turned away as blood donors.