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Emerging Transgender Issues and the Law: Medical and Legal Update Emerging Transgender Issues and the Law: Medical and Legal Update

Emerging Transgender Issues and the Law: Medical and Legal Update - PowerPoint Presentation

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Emerging Transgender Issues and the Law: Medical and Legal Update - PPT Presentation

CAPT Lisa Cartwright Megan M Weis Chair BUMED Transgender Working Group Special Counsel to the General Counsel Lisacartwrightusuhsedu ID: 686263

dysphoria gender transgender sex gender dysphoria sex transgender therapy hormone medical role surgery health breast wpath identity soc body

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Slide1

Emerging Transgender Issues and the Law: Medical and Legal Update

CAPT Lisa Cartwright

Megan

M.

Weis

Chair, BUMED Transgender Working

Group

Special

Counsel to the General

Counsel

Lisa.cartwright@usuhs.edu

Army

Office of the General Counsel

202-560-3759Slide2

Emerging Transgender Issues and the Law:

Medical Management

for Gender Transition for Transgender IndividualsSlide3

Overview

Definitions

Gender

Dysphoria

Standards of Care

Gender Transition

TimelineSlide4

Definitions

Gender Identity

A person’s intrinsic sense of being male, female, or alternative genderSlide5

Definitions

Natal Gender

Gender assigned at birthSlide6

Definitions

Transgender

1

Diverse

group of individuals who cross or transcend culturally defined categories of gender

Gender identity

differs to varying degrees from

natal genderSlide7

Definitions1

Female-to-male (

FtM

)

Natal female

who has changed or is changing body and/or gender role to a more

masculine body or role

Male-to-female (

MtF

)

Natal male

who has changed or is changing body and/or gender role to a more

feminine body or roleSlide8

Definitions

Gender Dysphoria

Discomfort or

distress

caused by discrepancy between Gender Identity and Natal Gender

1Slide9

Definitions

Gender Dysphoria in Adolescents and Adults

(DSM 5)

2

M

arked

incongruence

between one’s

experienced/expressed

gender and

assigned

gender, (at least 6 months)

Associated

with

clinically significant distress or impairment

in social, occupational, or other important areas of functioningSlide10

Definitions

Gender Dysphoria in Adolescents and Adults

(DSM 5)

2

incongruence

between one’s

experienced/expressed

gender and

assigned

gender,

manifested

by at least

two of the following

:

incongruence

between

one’s experienced/expressed gender

and

sex characteristics

desire to be rid of one’s sex characteristics

because of incongruence

desire

for the

sex characteristics

of the

other gender

desire to be of other gender

desire

to be

treated

as the

other gender

conviction

that one has

typical feelings/reactions of other genderSlide11

Gender Dysphoria 2

Often

,

but

not always

, accompanied by a

desire to be rid of sex characteristics

and/or a

desire to acquire sex characteristics of the other gender

May

adopt the

behavior, clothing, and mannerisms

of the experienced gender

Uncomfortable

regarded by others

, or

functioning

,

as assigned gender

May

have a strong

desire to be of

a

different gender

and treated as such

without seeking medical treatment to alter body characteristics

. Slide12

Definitions

Gender nonconforming

Individual whose gender identity, role or expression differs from cultural norms prescribed for people of a particular sex

1

Differs from gender dysphoria due to absence of strong desire to be of another gender

2Slide13

Gender Dysphoria 3

Replaces “gender identify disorder”

Gender nonconformity

is

not

itself a

mental disorder

Only

some

gender

non-conforming

people experience

gender

dysphoria

at some point in their lives

CRITICAL ELEMENT

is

clinically significant distress

associated with the conditionSlide14

Definitions

Disorder of Sexual Development (DSD)

Congenital conditions where development of chromosomal, gonadal, or anatomic sex is atypical

A.

k

. a. “intersex”Slide15

Definition

Transvestism

(cross dressing)

1

Wearing clothing and adopting a gender role presentation that, in a given culture, is more typical of the other sex

1Slide16

Paraphillic disorders 2

Voyeuristic disorder

Spying on others in private activities

Exhibitionistist

disorder

Exposing genitals

Frotteuristic

disorder

Touching or rubbing against non-consenting individual

Sexual Masochism disorder

Undergoing humiliation, bondage, or suffering

Sexual Sadism disorder

Inflicting humiliation, bondage or suffering

Pedophillic

disorder

Sexual focus on children

Fetishistic disorder

Focus on

nongenital

body parts

Transvestic

disorder

Engaging in sexually arousing cross dressingSlide17

Definitions

Transition

1

Period of time when individuals change from natal gender to different gender role

May

include

Learning to

live socially

in another gender role

Finding

most

comfortable gender role

and expression

Feminization or masculinization

of the

body

through hormones or medical procedures

VARIABLE

and

INDIVIDIUALIZED

nature and durationSlide18

WPATH (World Professional Association for Transgender Health)

International multidisciplinary professional association to promote evidence-based care, education, research advocacy, public policy , and respect in transsexual and transgender health.

1

Articulates

Standards of Care (SOC)

for Transgender, Transsexual and Gender-Nonconforming individualsSlide19

WPATH Standards of Care (SOC) 1

Flexible

Clinical guidelines which may be modified by individual health professionals and programs

Unique patient situation

Professional’s evolving practice

Research protocol

Lack of resourcesSlide20

Transgender Prevalence

???

Mostly derived from clinics where patient meet criteria for severe gender

dysphoria

Reported prevalence

1

1:11,900-45,000

MtF

1:30,400-200,000

FtM

True

prevalance

is likely much higherSlide21

Gender Dysphoria

Psychological and Medical Treatment

Highly

individualized

Change gender expression and role

Hormone

therapy

Surgery

Both

hormone therapy and surgery

Neither

hormones or surgery

PsychotherapySlide22

Gender Dysphoria

Social Support and Gender Expression Changes

Peer support

Support for family/friends

Voice/communication therapy

Hair removal

Breast binding/padding; genital tucking

Name change and gender change on identity documentsSlide23

Psychotherapy (WPATH SOC)1

Mental health screening

REQUIRED for hormonal or surgical treatment

Psychotherapy

Highly recommended

NOT requiredSlide24

Hormone Therapy (WPATH SOC)1

Medically necessary

for

many

individuals with Gender

Dysphoria

Recommended prior to some, not all, surgical treatmentSlide25

Hormone Therapy Criteria (WPATH SOC)

1

Referral from one mental health provider

Persistent, well documented

Gender

Dysphoria

Informed consent capacity

Age of majority

Reasonably well controlled medical and mental health concernsSlide26

Hormone Therapy Informed Consent (WPATH SOC)

1

May result in irreversible physical changes

Document

Comprehensive information provided

Possible benefits

Risks

Impact on reproductive capacitySlide27

Hormone Therapy Effects

Occur over course of 2 years

Variable timeline

Variable effectsSlide28

Hormone Therapy EffectsFtM

Deep voice

Variable clitoral enlargement

Facial/body hair

Cessation menses

Breast atrophy

Decreased body fat %

Reduction in fertilitySlide29

Hormone Therapy EffectsMtF

Breast growth

Erectile dysfunction

Decreased testicular size

Increased body fat %

Reduction in fertilitySlide30

Hormone Therapy Risks1

Risk level

MtF

FtM

Likely increased

Venous

thromboembolism

Gallstones

Elevated

Liver Enzymes

Hypertriglyceridemia

Polycythemia

Weight gain

Acne

Balding

Sleep apnea

Likely

increased in the presence of risk factors

Cardiovascular disease

Possible increased

Hypertension

Hyperprolactinemia

/

prolactinoma

Elevated liver enzyme

Hyperlipidemia

Possible increased in presence of risk factors

Type 2 Diabetes

Destabilization of psychiatric disorders

Cardiovascular disease

Hypertension

Type 2 Diabetes

Not

increased or inconclusive

Breast Cancer

Bone density loss

Breast cancer

Cervical cancer

Ovarian cancer

Uterine cancerSlide31

Hormone Therapyfollow-up

2-3 months initially to stabilize on dose

Every 2-3 months for first year

Annual consultation with endocrine after first year

Potential 1 year non-deployable form

initiatationSlide32

Sex Reassignment Surgery(WPATH SOC)

1

MtF

FtM

Breast/chest

Breast

augmentation

mastectomy

Genital

Penectomy

Orchiectomy

Vaginoplasty

Clitoroplasty

Vulvoplasty

Hysterectomy/

salpingectomy

Oophorectomy

Metoidioplasty

Phalloplasty

Vaginectomy

Srotoplasty

Penile prosthesis

Testicular

prosthesis

Non-genital/ non-breast

Facial feminization

Liposuction/

Lipofilling

Voice surgery

Thyroid cartilage reduction

Gluteal

augmentation

Voice surgery (rare)

Liposuction/

lipofilling

Pectoral implantsSlide33

Sex Reassignment Surgery Criteria(WPATH SOC)

1

Breast/chest surgery

FtM

Single referral

Persistent, well-documented gender

dysphoria

Informed consent capacity

Age of majority

Well controlled mental and medical health concerns

Hormone therapy NOT prerequisiteSlide34

Sex Reassignment Surgery Criteria(WPATH SOC)

1

Breast/chest surgery

MtF

Single referral

Persistent, well-documented gender

dysphoria

Informed consent capacity

Age of majority

Well controlled mental and medical health concerns

Hormone therapy NOT prerequisite

RECOMMEND at least 12 months prior to breast augmentSlide35

Sex Reassignment Surgery Criteria(WPATH SOC)

1

Genital (

gonadectomy

/ hysterectomy)

Two

referrals

Persistent, well-documented gender

dysphoria

Informed consent capacity

Age of majority

Well controlled mental/medical health concerns

12 continuous months of

hormone therapySlide36

Sex Reassignment Surgery Criteria(WPATH SOC)

1

Genital (

FtM

metoidioplasty/phalloplasty

;

MtF

vaginoplasty

)

Two

referrals

Persistent, well-documented

gender

dysphoria

Informed consent capacity

Age of majority

Well controlled mental/medical health concerns

12 continuous months of

hormone therapy

12 continuous months living in desired gender role (“real life experience”)Slide37

Real Life Experience

Present consistently on day-today basis, across all settings of life in their desired gender role

12 months allows full range of life experiences throughout the yearSlide38

Transition TimelineSlide39

Summary

Transgender people may develop Gender

Dysphoria

Treatment for Gender

Dysphoria

may require hormonal or surgical treatment for gender transition

Gender transition is highly variable among individualsSlide40

References

Standards of Care for the Health of Transsexual, Transgender, and Gender-Nonconforming People, Version 7.

Coleman, E.,

Bockting

, W.,

Botzer

, M., Cohen-

Kettenis

, P.,

DeCuypere

, G., Feldman,

J

.,Fraser

, L., Green, J., Knudson, G., Meyer, W. J.,

Monstrey

, S., Adler, R. K., Brown, G. R

.,

Devor

, A. H.,

Ehrbar

, R.,

Ettner

, R.,

Eyler

, E.,

Garofalo

, R.,

Karasic

, D. H., Lev, A.

I

.,Mayer

, G., Meyer-

Bahlburg

, H., Hall, B. P.,

Pfaefflin

, F.,

Rachlin

, K., Robinson,

B., Schechter

, L. S.,

Tangpricha

, V., van

Trotsenburg

, M., Vitale, A., Winter, S., Whittle, S

.,

Wylie

, K. R., & Zucker, K

.

International Journal of Transgenderism

, 13:165–232,

2011

Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition

Edited by American Psychiatric Association, 2013.

American Psychiatric Association (APA) statement

,

Gender Dysphoria in the DSM-5

.

www.psychiatry.org

, 2013.

Slide41

Emerging Transgender Issues and the

Law: Legal UpdateSlide42

Agenda

Corrections

Civilian

Other Countries

U.S. Military

42Slide43

Corrections

8

th

Amendment- deliberate indifference to a prisoner’s

serious medical need

-

serious

or significant physical or emotional

injury, or substantial risk of

- reckless disregard

Gender Dysphoria as a serious medical need

Prison security needs

43Slide44

Corrections-BOP

BOP Transgender Resource Guide,

November 2014

Prison Rape Elimination Act (

PREA

)

44Slide45

Corrections-Military

Manning

Has sued for medical

care for

gender dysphoria under 8

th

Amendment.

Army

Court of Criminal Appeals

:

"Reference to

appellant . . .either

be

neutral . . . or

employ a feminine pronoun."

45Slide46

Civilian- Legal Developments

Title VII of the Civil Rights Act of 1964

Executive Order 11478 (Amended July 2014)

Agency Guidance

DOJ Positions

46Slide47

Title VII

Unlawful for employers to discriminate in the employment of an individual “because of such individual’s . . . sex.”

Does

not

contain an explicit prohibition of discrimination on the basis of sexual orientation or gender identity or expression.

“Sex-

sterotyping

” theory

47Slide48

Title VII

48

Macy v. Holder

(

EEOC

April 20, 2012

)

EEOC

ruled that discrimination on the basis of

gender

identity

is discrimination based on sex. Slide49

Executive Order 11478

(amended)

49

“It is the policy of the Government of the United States to provide equal opportunity in Federal employment for all persons, to prohibit discrimination in employment because of race, color, religion, sex, national origin, handicap, or age, sexual orientation,

gender identity

, or status as a parent.”Slide50

Agency Guidance

OPM

: Federal

government’s policy of providing a workplace free from discrimination based on sex includes discrimination based on gender

identity

OSHA

: Restroom access

HHS

: Proposed Rule addressing nondiscrimination in federal health care programs

50Slide51

DOJ Positions

Attorney General

Memorandum- Title VII

discrimination

based on gender identity constitutes sex

discrimination

Statements of Interest

Title IX and Equal Protection Clause

51Slide52

Other Countries

52Slide53

Veterans

VA: providing care to transgender patients

DoD: name change on DD 214s

53Slide54

U.S. Military

Working Group established- 28 July 2015

Start

with the presumption that transgender persons can serve openly without adverse impact on military effectiveness and

readiness.

No service member shall be involuntarily separated or denied reenlistment or continuation of active or reserve service on the basis of their gender identity without the personal approval of the USD(

P&R

).

54Slide55

Questions?

55