Amin A. Muhammad Gadit ( Department of Psychiatry, Memorial University of Newfoundland, Canada )
Sujay Patel ( Department of Psychiatry, Memorial University of Newfoundland, Canada )
April 2008, Volume 58, Issue 4
Opinion and Debate
The Canadian Psychiatric Association (CPA) in its position paper9 has identified some issues of grave importance which include; psychotherapy with its special problem of transference and counter-transference, circumstances may arise where a psychiatrist and former patient may develop a non- professional relationship, the specific circumstances there may be the assumption that the primary offender is the patient, who may be described as seductive, dependent, or histrionic but here again it is the physician in question who is under pledge for ethical practice, understandable reluctance to report colleagues is augmented by the belief that patients may distort or fabricate complaints and that ethical physicians could be seriously hurt by their actions. In addition, once a case is reported, medical licensing bodies may be more severe than a court of law where the accused is presumed innocent. This may deter some patients from reporting incidents, especially when this aspect of the proceedings is made known to them. Patients who report sexual activity with their physicians face similar dilemmas to all sexually assaulted individuals. Society unfortunately often blames the victim. Patients trying to obtain redress, and physicians reporting on suspected unethical conduct by their colleagues, may be treated as if it were they who had behaved unethically. . Identification of predisposed physicians is not yet possible because indicators are not clearly defined. Age, status, the extent and quality of residency training or the undertaking of personal psychotherapy are not related to the occurrence of this behaviour. Under the circumstances, the CPA makes some recommendations in its position paper which are in line with an effort to address this issue.
A. Professional Psychiatric Education
It is expected that the Code of Ethics will be engrained by the time the doctor or specialist graduates. It is the responsibility of universities to adequately teach undergraduate and graduate students the principles of ethical practice. It is therefore recommended that psychiatric residency training programmes institute a compulsory course on ethical issues in which the subject of the proper doctor/patient relationship is addressed. Questions on ethics should be incorporated into specialty examinations. Copies of the CMA Code of Ethics annotated for psychiatry should be made available to all residents from the beginning of training. Psychiatric education never ends and, therefore, the Canadian Psychiatric Association encourages the submission of papers at the Annual Meeting to review moral issues and to raise consciousness regarding ethical obligations.
B. Patient Education
A simplified précis of the Code of Ethics should be prepared by the CPA that all psychiatric practitioners would be encouraged to display in their offices in order to enhance patients' awareness of their physician's responsibility.
C. Disciplinary Action
The Canadian Psychiatric Association recognizes the dilemma faced by physicians who become aware of possible infractions by a colleague. Every psychiatrist who is provided with credible information by a patient about sexual exploitation should proceed as follows:
1. Inform the patient of the channels available to seek redress, including reporting the situation to the local medical/legal disciplinary body.
2. Seek the consent of the patient to permit the physician to report such complaints to the appropriate licensing body. In some jurisdictions, this may be required by law, even without the consent of the patient.
D. Friend of the Patient
The Canadian Psychiatric Association also urges that provincial licensing bodies establish a "friend of the patient" to act as a resource or supportive advisory person for the patient during the investigative period.
The Royal College of Psychiatrists10 recommends few principles for adoption in order to ensure good practice in therapeutic relationships that include: development of self-awareness in the service of patients, respecting and encouraging the patient's autonomy, sharing up-to-date knowledge and recognize self limitations, observing doctor-patient boundaries and avoiding boundary violations, be clear about roles, be aware of values but do not seek to impose them on the patients, maintaining privacy, managing risk in the interest of the patient and to develop a contract of mutual respect.
In the light of the above, something is to be done at local level and for that matter PMDC is the perhaps the only organization which can address this issue rather than any professional association mainly for the simple reasons of organizational make up and subtle politics at different levels. With a precise code of conduct, there is a need for guidelines, procedure and publishing of reports by PMDC and introduction of appropriate disciplinary actions that could include suspension of license. There should be emphasis on teaching ethics at both undergraduate and postgraduate levels. Moreover, patient education and awareness about their rights should be on display at health institutions. Doctors in general should remain aware of early subtle signs that may complicate into the problem of gross boundary violations. A scale developed by Epstein and Simon11 by the name of 'Exploitation Index' evaluates the feelings, attitudes and behaviours of therapists in the maintenance of the therapeutic framework as well as the level of risk for such problems. This scale is useful also as an educational and research tool. Vamos12 has described a training package for psychiatric registrar in an Australian setting which may be helpful in preventing and addressing this issue based on educational perspective.
Should we now urge the PMDC to set the ball in motion?
References
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3. Gadit A. Battling Mental Illness Within Our Ranks: Clinical Psychiatry News 2008; 36: 12.
4. Twemlow SW, Gabbard GO. The lovesick therapist. In: Gabbard GO, Sexual exploitation in professional relationships, Washington (DC): American Psychiatric Press 1989; pp 71-87.
5. Kroll J. Boundary violations: a culture-bound syndrome. J Am Acad Psychiatry Law 2001, 29:274-83.
6. Garrett T. Inappropriate therapist-patient relationships. In: Inappropriate Relationships R. Goodwin D. Cramer eds. NJ: Lawrence Erlbaum 2002; p 147-70.
7. Gartrell N, Herman J, Olarte S, Feldstein M, Localio R. Psychiatrist-patient sexual contact: results of a national survey, I: Prevalence. Am J Psych 1986; 143: 1126-31.
8. Sarkar S. Boundary violation and sexual exploitation in psychiatry: a review. Advances in Psychiatric Treatment 2004; 10: 312-20.
9. Sexual Exploitation of Patients: The Position of the Canadian Psychiatric Association. www.cpa-cpa.org. Accessed 15, March 2008.
10. Royal College of Psychiatrists. Vulnerable patients, safe doctors; College Report CR146, London UK 2007; pp 1-30.
11. Epstein RS, Simon RI. The Exploitation Index: an early warning indicator of boundary violations in psychotherapy. Bull Menninger Clin 1990; 54: 450-65.
12. Vamos M. The concept of appropriate professional boundaries in psychiatric practice: a pilot training course. Aust NZ J Psych 2001; 35: 613-18.
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