Evaluation

Gender Dysphoria Treatment Overview Committee: This committee will be established and maintained by the Division of Medical & Forensic Services. An outside consultant should be retained for this purpose, if necessary, when NHDOC identifies an inmate whose diagnosis might include GD. The committee will complete a review of each inmate/patient considered and approve a treatment plan for each inmate/patient so diagnosed.

Diagnosis

The diagnosis of GD will be based on the most currently published DSM from the APA and must be made by a mental health professional who is qualified and experienced in diagnosing and treating GD. Behavioral health services will provide medical evaluation services and access to health care through an individualized treatment plan in accordance with the applicable standards of care for treating GD within a reasonable time after diagnosis.

Medicalization

This treatment plan will be documented and will address medical, behavioral health, and personal adjustment needs and will incorporate the accepted relevant medical standards including the World Professional Association for Transgender Health (“WPATH”) Standards of Care (7th Version). The inmate’s medical treatment plan must also ensure that prison personnel do not disrupt or interfere with the approved treatment plan. The GD Management and Treatment Committee must approve the treatment prior to any implementation. Hormonal replacement treatment and other medically necessary treatment to treat GD will be provided when medically necessary, after approval by the GD Treatment Overview Committee. In general, diagnosed transgender patients who received hormone therapy prior to incarceration should have that therapy continued without interruption pending evaluation by the GD Treatment Overview Committee, absent urgent medical reasons to the contrary. Reasonable accommodations will also be considered on a case-by-case basis to allow the inmate to live consistent with his or her gender identity in accordance with the applicable medical standards of care for treating GD.

Requirements for Transfer to Women’s Facility

In deciding whether to assign a transgender or intersex inmate to a facility for male or female inmates, and in making other housing and programming assignments, the NHDOC shall consider on a case-by-case basis whether a placement would ensure the inmate’s health and safety, and whether the placement would present management or security problems and document such reasoning in writing. All housing determinations shall be made in accordance with the Prison Rape Elimination Act (“PREA”) and its implementing regulations.

Limits based on type of crime committed?

None or not mentioned

Re-Evaluation required?

None or not mentioned

Pronoun requirements?

None or not mentioned

Merging of “transgender” and intersex categories?

Yes