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Clear as Mud? - Transitioning minefields

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I'm used to living with rules and regulations around my transitioning. I live in Adelaide, and South Australia's "Sexual Reassignment Act" sets out rules for which doctors and psychiatrist I see, who may prescribe me testosterone, who may perform surgeries and at which hospitals they may be performed. I have become accustomed to negotiating my way around statutory obligations and restrictions, as unlike other places, there is no real option to transition here outside of the official programme - unless you go interstate. I have become obscenely aware of laws, regulations and penalties which circumscribe and put boundaries on my experience of transitioning. This is part of my transitioning reality. The health care and transition of anyone transitioning is determined by this Act. These laws were progressive when they were first introduced in 1988, but have become increasingly out of date with improvements in the treatment of trans* people.

One of the first discussions I had with my GP after I had been accepted onto the programme was around testosterone, Medicare and the Pharmaceutical Benefits Scheme. I had already heard about authority scripts and getting them or not getting them from being on mailing lists. My GP is great. He is very clued up about the rules and regulations, as he has been treating trans* people since before the South Australian legislation came in. He is super aware of what he is able to do for me legally and we talked a lot about the restrictions around authority scripts for T.

The Pharmaceutical Benefits Scheme (PBS) which subsidises the cost of many medicines doesn't apply to everything, and doesn't apply to every condition for which a drug can be prescribed. Lots of medications are restricted on PBS for lots of reasons. You have to meet the criteria associated with certain medical conditions listed in the schedule. If you don't qualify for an authority script, it doesn't mean you can't have the medication. It just means you don't have a condition that the PBS will subsidise for, and you will pay the full price on a private script. The government is entitled to subsidise medications for some conditions and not for others, as the advice I got from the Human Rights and Equal Opportunity Commission said.

Testosterone is restricted on PBS to a certain set of conditions associated with androgen deficiency in adult males, and puberty conditions for males under 18. It isn't subsidised for transitioning. If you don't have "M" on your Medicare record, then, according to the schedule, it is physiologically impossible to have one of the conditions eligible for the PBS prescription subsidy. Keeping in mind I'm talking "on paper" identity here. Medicare has developed a protocol for correcting the paperwork in recent years, requiring two pieces of documentation from medical professionals confirming at least two medical and/or surgical procedures which have changed one's (bodily) sexual characteristics. With a protocol in place, there are less possibilities for people continuing to 'slip through the gap.'

We both think this stinks, my GP and I, but his professional practice depends on abiding by the regulations. I have no desire to see my most important medical ally disciplined or worse for bending the rules. After nearly two years on testosterone and having had chest surgery I am almost at the point of being able to correct my "on paper" identity and qualifying for an authority script.

Citation — Blade. (2004). Clear as Mud? - Transitioning Minefields. Torque, 4(5), October 2004.

Online Library | Torque 2004

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