Tuesday, May 18, 2010

A Technical and Almost Never Invoked Rule

Last month, I wrote to the NJ State Board of Psychological Examiners because I found something strange when I read their Laws out loud.

The way I read it, if a person is allowed to practice psychology under the authority of a license given to them by the State of New Jersey, their treatment of patients must be "usual, customary and reasonable", but law 45:14B-31 states:

In applying the standards of "usual, customary, and reasonable," the following guidelines are applicable: If a psychological treatment is "usual" or "customary," an inference that the treatment is also "reasonable" is warranted. If the treatment is neither "usual" nor "customary," then it shall satisfy the criterion of "reasonable."
This law confuses me. I am afraid that it is a permissive statute, allowing psychologists whose practice is unreasonable a get out of jail free card. If I complain to the State Board of Psychological Examiners about my doctors' unreasonable treatment of me - like for example, when a doctor insists that I take psychiatric medication but adamantly refuses to tell me why, and then becomes abusive and insulting when I refuse to put something in my mouth against my will - then this law will let him get away with it.

I got a letter back from the Executive Director of the State Board of Psychological Examiners the other day. I think it means my fears are confirmed:

I wrote another letter to J. Michael Walker asking what the purpose of this law is. I also spoke to Ed Smith, State Senator Michael Doherty's Chief of Staff. He could not tell me the purpose of it. In fact, he agreed with me that Psychologists have a lot of power and this kind of thing should be carefully examined. My state Assemblymen are both aware of the situation as well.

This matter is not resolved. I will report back when J. Michael Walker writes back to me.

In the meantime, ask yourself: What is the purpose of this law?

Warm Regards,

Erik B. Anderson