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SOC

Standards of Care

Risk of litigation is the main reason that standards of care are so rigidly followed. Any medical professional who failed to abide by these standards would have no defence in the event of litigation from a dissatisfied client.

The Harry Benjamin Standards are the controlling guidelines for access to Gender Reassignment procedures. Months of psychotherapy are required before any recommendations for treatment can be made and any psychiatric conditions must be accurately diagnosed and appropriately treated. The patient should be informed about all the various theories on the cause of their condition and on the range of treatment options and their implications.

Patients who are deemed suitable candidates for sex reassignment are generally required to live full time in their new gender role for a period of two years and they must be given further psychotherapy and regular psychiatric assessment during this time. Patients given sex-change hormones must be medically monitored. In order to qualify for sex reassignment surgery candidates must satisfy two separate psychiatrists and both these psychiatrists are expressly charged with determining that no adverse mental health issues are present.

The patient must also give their informed consent to any proposed sex-change procedures. Informed consent implies that the patients understand that hormone administration limits fertility and that the removal of sexual organs prevents the capacity to reproduce and that they also understand the limitations of sex reassignment and have realistic expectations for its outcome.

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Evaluation

Have you been mistreated?

• Were you made aware of the Harry Benjamin Standards of Care before the commencement of any treatment?
• Were you offered psychotherapy as a treatment option to your condition?
• Did you receive the impression that your condition was biological, congenital or irreversible?
• Did the medical professional obtain relevant medical history including prior psychiatric or psychological treatment?
• Did the medical professional take a careful and detailed account of your history and have that account independently verified?
• Did you undergo psychometric testing and were you accurately informed about the results of that testing?
• Did the medical professional recommending hormonal treatment engage you in psychotherapy for at least three months before making that recommendation?
• Were you able to live full-time in the opposite gender role successfully for a continuous period of at least two years and was your physical and psychological state regularly monitored during this time?
• Did the medical professional recommending surgical treatment engage you in psychotherapy for at least six months before making that recommendation?
• Was your physical and psychological state regularly monitored for at least one year after surgery?
• Were you informed of all the risks and limitations of sex-change procedures?
• Did the medical professional, prior to the commencement of hormones, take you carefully through and did you both sign a written consent form for hormone treatment which outlined the risks and limitations of sex change hormones?
• Did the medical professional, prior to surgery, take you carefully through and did you both sign a written consent form for surgery that outlined the risks and limitations of sex change surgery?
• Was the outcome of sex-change procedures in accordance with your expectations?

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Action

Actions you can take

If you feel that you or someone you know has underwent treatment that was below minimal standards of care or if you are dissatisfied with the outcome then we would like to hear from you. You should also consider lodging a complaint with appropriate governmental authorities and explore your rights to compensation with a legal firm specialising in medical negligence.

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Contacts

Government agencies

Minister for Health

Bronwyn Pike - Member for Melbourne Email: bronwyn.pike@parliament.vic.gov.au

Chief Psychiatrist

Associate Professor Amgad Tanaghow Phone (61 3) 9616 7571

Deputy Chief Psychiatrist

Dr Ruth Vine Phone (61 3) 9616 7571

Service Monitoring and Review Manager

Lorna Payne Phone (61 3) 9616 8768

Service Planning and Development Manager

Jenny Smith Phone (61 3) 9616 8019

Policy & Information Manager

Robyn Barnes Phone (61 3) 9616 7123

Health Services Commissioner

Beth Wilson Level 30 - 570 Bourke Street Melbourne 3000 Phone (03) 8601-5200 fax (03) 8601-5219

Medical Practitioners Board Victoria

Level 16 - 150 Lonsdale Street Melbourne 3000 Phone (03) 9655-0560 fax (03) 9655 0580 Medical Practitioners Board of Victoria Website