(NHS gender marker person) thank you so much that is enormous help. They claim to have got advice from the GMC so I hope they don't dig their heels in. So from what you said, is it also not allowed for them to have "patient is transitioning f-m" in the 'reminders' section of my notes?
If they claim to have got this information from the GMC, they’re mistaken or misinterpreting the information they’ve been given. The GMC website is quite clear about gender marker changes:
“A patient’s request to change the sex indicated on their medical records should be respected; they do not have to have been granted a Gender Recognition Certificate or have acquired an updated birth certificate for this to be changed... If your patient is to be issued with a new NHS number which has no reference to their sex at birth, you should explain to them that they will not automatically be contacted regarding current or future screening programmes associated with their sex at birth, and discuss the implications of this.”
This means that it’s up to you, not them, to weigh up the pros and cons of changing your gender to male in the knowledge that you will not be contacted automatically by the NHS about e.g. smear tests. Changing your gender to male does NOT mean you can’t have these kinds of procedures, just that you’ll likely have to remember to arrange them yourself, rather than being reminded by a letter.
As regards the note about transition that’s on your file (presumably this can be seen by anyone who accesses your records?), the same website also states:
It is unlawful to disclose a patient’s gender history without their consent. When communicating with other health professionals, gender history need not be revealed unless it is directly relevant to the condition or its likely treatment.
You must respect the wishes of any patient who objects to particular personal information being shared within the healthcare team or with others providing care, unless disclosure would be justified in the public interest. If a patient objects to a disclosure that you consider essential to the provision of safe care, you should explain that you cannot refer them or otherwise arrange for their treatment without also disclosing that information.
This means that you’re justified in asking them to remove this note - you could, for instance, point out that you can disclose being trans yourself if need be, you don’t need their system to do it for you. As per the last quote, it’s possible they will argue that it’s necessary to treat you safely etc. If they do try to emphasise this, again, I’d contact press for change as they might have better resources as to when disclosure is considered necessary, which could help you argue your point or reassure your GP surgery that the information isn’t as constantly relevant as they think it is (anecdotally, it presumably isn’t, as there are an awful lot of trans people in the UK who DON’T have this kind of memo on their notes....)
Apologies if this is a bit information-dense, but again, I hope it helps - if nothing else, it should be reassuring to know you’re justified in being annoyed by how they’re treating you!
