Changing a trans person's name and gender marker on NHS systems
A trans person can change their name and gender marker at their GP practice just by requesting it. They do not need to have been to a Gender Identity Clinic, taken any hormones, undergone any surgery, or have a Gender Recognition Certificate.
The law in the UK regarding names is actually very unusual, stating that anyone can call themselves by any first name without any documentation at all – as long as they are known by it, it is a legal name! Despite this, Primary Care Support England (PCSE) recommend that healthcare services see a deed poll before changing a patient’s name on their medical record. For this reason, almost all GP practices will ask for a deed poll when amending patient’s names/details.
Patients can obtain a free Deed Poll online at freedeedpoll.org.uk
Changing a patient’s name will not change the gender marker on their medical records. If patients wish to change their gender marker, they must request this. The practice will have to notify PCSE and should make the patient aware of the possible time scales and implications of changing their gender marker (e.g. changes to recalls for cancer screening services).
According to PCSE, when a patient changes gender, they are given a new NHS number and must be registered as a new patient at your practice. All previous medical information relating to the patient needs to be transferred into a newly created medical record.
When the patient informs the practice that they wish to change gender, the practice must inform the patient that this will involve a new NHS number being issued for the them, which is not reversible. If the patient wanted to change their gender marker back to the gender they were assigned at birth, patients would receive a third NHS number. The practice should confirm this has been discussed with the patient when notifying PCSE.
The process (outlined by PCSE) for changing a patient’s gender marker is as follows:
- The practice notifies PCSE via the enquiries form that a patient wishes to change their gender. The practice should include the patient’s name and NHS number in the notification to PCSE, plus confirmation that they have discussed with the patient that this will involve the creation of a new NHS number
- PCSE sends the practice a deduction notification for the patient and emails the main contact for the practice (if available) the new details for the patient
- The practice accepts the deduction and registers the patient using the new details provided by PCSE. Important: Do not update the patient’s original record with their new NHS number. If this happens they will not be registered and will miss out on continuity of care
- PCSE sends a new patient medical record envelope with the patient’s updated details to the practice
-
The practice creates a new patient record using the new details, and transfers all previous medical information from the original medical record
-
Any information relating to the patient’s previous gender identity should not be included in the new record. Practices can use gender neutral language and anonymise patient details to retain important information. For example, using phrases such as ‘the patient had a smear on….’ rather than ‘she had a smear on…’. This is to protect confidential information and ensure the practice is in line with the Gender Recognition Act 2004 which makes disclosing an individual’s trans history unlawful in many instances