Sunday, December 13, 2015

Tamar Epstein's Heter: Psychologist Dr Baruch Shulem says the first concern is that the therapists need to be reported to the professional bodies for making a report about someone they never met

I had a discussion today with Dr. Baruch Shulem - one of the leading psychologists in Israel - about the use of forensic reports made by psychologists/psychiatrists about someone they never met. In addition about the belief of poskim that psychology/ psychiatry is a science and that conclusions made by therapists can be totally accepted and halacha paskened - without concern with how those conclusions were reached.

He said I could report in his name the following. The critical issue in the present case is not the mistaken belief that psychology is a science like medicine - even though it is in fact a significant problem. The most important thing is that this heter should never have been given because a therapist is not allowed to give a report about someone they have never met. He therefore said that it is critical to get the names of the therapists and make complaints to the AMA, APA and other relevant organizations. In addition he strongly advised going to a lawyer to see what legal actions can be taken against these therapists.

Aside from being unethical or possibly illegal there is a major problem of their lack of validity. Consequently there is no factual basis for the heter. It is elementary that one can not issue a psak without knowing what the facts are.

Anyone who knows who the therapists are that wrote the reports for Tamar Epstein's heter - should  let me know their names and any other details that might help in reporting them.  If anyone can send me a copy of the reports - that would be very helpful.

6 comments :

  1. Lakewood Yeshiva GuyDecember 13, 2015 at 3:27 PM

    In Maryland it's legal, apparently. Or so Sholom says at least.

    ReplyDelete
  2. “The
    most important thing is that this heter should never have been given because a
    therapist is not allowed to give a report about someone they have never met. He
    therefore said that it is critical to get the names of the therapists and make
    complaints to the AMA, APA and other relevant organizations. In addition he
    strongly advised going to a lawyer to see what legal actions can be taken
    against these therapists.”

    We need more truth
    and sincerity:

    “Thus said the Lord of Hosts: I am very jealous for
    Zion, I am fiercely jealous for her. Thus said the Lord: I have returned to
    Zion, and I will dwell in Jerusalem. Jerusalem will be called the City of
    Faithfulness, and the mount of the Lord of Hosts the Holy Mount. Thus said the
    Lord of Hosts: There shall yet be old men and women in the squares of
    Jerusalem, each with staff in hand because of their great age. And the squares
    of the city shall be crowded with boys and girls playing in the squares. Thus
    said the Lord of Hosts: Though it will seem impossible to the remnant of this people
    in those days, shall it also be impossible to Me?—declares the Lord of Hosts.
    Thus said the Lord of Hosts: I will rescue My people from the lands of the east
    and from the lands of the west, and I will bring them home to dwell in Jerusalem.
    They shall be My people, and I will be their God—in truth and sincerity and I
    will bring them home to dwell in Jerusalem. They shall be My people, and I will
    be their God—in truth and sincerity. Thus said the Lord of Hosts: Take courage,
    you who now hear these words which the prophets spoke when the foundations were
    laid for the rebuilding of the Temple, the House of the Lord of Hosts. For
    before that time, the earnings of men were nil, and profits from beasts were
    nothing. It was not safe to go about one’s business on account of enemies; and
    I set all men against one another. But now I will not treat the remnant of this
    people as before—declares the Lord of Hosts—but what it sows shall prosper: The
    vine shall produce its fruit, the ground shall produce its yield, and the skies
    shall provide their moisture. I will bestow all these things upon the remnant of
    this people. And just as you were a curse among the nations, O House of Judah and
    House of Israel, so, when I vindicate you, you shall become a blessing. Have no
    fear; take courage! For thus said the Lord of Hosts: Just as I planned to
    afflict you and did not relent when your fathers provoked Me to anger—said the Lord
    of Hosts—so, at this time, I have turned and planned to do good to Jerusalem
    and to the House of Judah. Have no fear! These are the things you are to do:
    Speak the truth to one another, render true and perfect justice in your gates.
    And do not contrive evil against one another, and do not love perjury, because
    all those are things that I hate—declares the Lord” (Zachariah 8:2-17).

    ReplyDelete
  3. American Psychological Association Ethics code: http://www.apa.org/ethics/code/

    Short list of potential violations: http://www.apa.org/topics/ethics/potential-violations.aspx

    Filing a complaint: http://www.apa.org/ethics/complaint/



    American Psychiatric Association Ethics code: http://www.psychiatry.org/psychiatrists/practice/ethics

    ReplyDelete
  4. I'd ask Dr. Shulem:

    On top of stressing the basic major violation " because a therapist is not allowed to give a report about someone they have never met", would it perhaps be prudent to stress to procedural breaches that Kalmbach mentions (& which I
    posted at: http://daattorah.blogspot.com/2015/12/tamars-use-of-secular-evaluations-for.html), since that would show the severity of the violations?

    Otherwise, they might get away with a "slap on the wrist", since the punishments range from minor to major censure to losing their license? Also, would it make sense to stress lack of both general and specific competence, a) regarding ignorance of recent advances re the treatability of both PPD and OCD with cognitive therapies / positive- neuroplasticity, and b) specific lack of cultural competence regarding missed differential diagnosis once we take religious sensibilities into consideration and effect of unjustified stigmatization on behavior?

    ReplyDelete
  5. Before you go reporting people, do we know that there is a licensed mental health professional who actually gave a formal diagnosis to a person s/he did not meet with? A therapist simply telling a client "your husband is probably bipolar" may be unwise, but is certainly not in violation of anything.

    ReplyDelete
  6. yes there is a formal report that Rav Feldman received and quotes in his letter - that condemns Aharon and the person who wrote the report never met Aharon

    ReplyDelete

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