HCM 683 - Memorandum - Informed Consent for Gender Reassignment Treatment and Surgical Procedures
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Fayetteville State University *
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683
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Medicine
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Apr 3, 2024
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docx
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Uploaded by SargentLeopardPerson1397
Memorandum
First Health Carolinas Date: June 25, 2023
To: Tissue Committee
From: Kienesha Ebron
Subject: Informed Consent for Gender Reassignment Treatment and Surgical Procedures
This memorandum will summarize the informed consent process for gender reassignment treatment and surgical procedures, specifically related to surgical treatments for minors 15 to 18 years, in accordance with North Carolina state laws. It also addresses any necessary changes required to ensure compliance with the state’s legal requirements. Additionally, considerations regarding medical treatment and post-surgery care and the review of policies and procedures will be discussed. I. Informed Consent Process for Minors (15 to 18 years)
The current informed consent process at First Health Carolinas for gender reassignment surgery involves certain procedures that must be followed. These procedures include minors undergoing a comprehensive evaluation by trained medical personnel, including mental health specialists with gender dysphoria expertise. The minors’ mental and physical health will be assessed along with their understanding of risks, advantages and drawbacks. Counseling and information given concerning gender reassignment surgery, as well as other medical procedures and treatment alternatives should be made aware to the minor and parents/guardians. This should also cover the possibilities of non-surgical as well as irreversible therapies.
Written informed consent from the minor and parents/guardians is required. The document should specifically describe the surgical procedures and any alternatives that were discussed in counseling. It should also attest to the minors’ understanding of and decision to undergo the recommended course of treatment.
II. North Carolina State Laws
North Carolina state laws dictate what age individuals must be to get married, enter into contracts, take out student loans, or make other legal decisions. Those under the "age of majority," or minors, are considered incapable of making such decisions in the eyes of the law. When a minor reaches age 18, they are considered an adult thereafter. State laws also govern a minor's ability to become emancipated from their parents or legal guardians, give consent for medical treatment, purchase and consume alcohol, and other legal matters (Prebeck, Esq, N. 2023). According to (Schoenbaum, H. 2023), House lawmakers have passed a proposal which would prohibit doctors from performing surgeries on minors to remove or alter features typical of a patient's sex assigned at birth. The new law which goes into effect on October 1
st
, also prohibits the use of public funding for any gender affirming medical procedure on a patient under the age
of 18, which may limit the access to hormone therapies and other prescription drugs. If passed into law, doctors will not be permitted to recommend a minor to another healthcare professional for gender reassignment surgery. III. Compliance with North Carolina State Law
To ensure compliance with the standards established by North Carolina regulations, First Health Carolina’s policies and procedures addressing informed consent for gender reassignment surgical operations in minors should be reviewed and updated. Consent processes, evaluations, counseling methods, and documentation requirements should all be reviewed and reimplemented. Legal advice should be obtained to determine the precise conditions under which parental permission can be waived while still adhering to state regulations in situations where teenagers between the ages of 15 and 18 request surgical procedures without parental approval.
References
Prebeck, Esq, N. (2023) North Carolina Legal Ages Law, FindLaw. Available at: https://www.findlaw.com/state/north-carolina-law/north-carolina-legal-ages-
laws.html#:~:text=When%20a%20minor%20reaches%20age,alcohol%2C%20and%20other
%20legal%20matters.
(Accessed: 25 June 2023).
Schoenbaum, H. (2023) North Carolina House Oks ban on transgender youth surgeries, AP News. Available at: https://apnews.com/article/transgender-surgery-north-carolina-ban-
756eb9a05dff6c414e6618182b6b74b4 (Accessed: 26 June 2023).
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