PSIKE ISTANBUL ETHICS CODE
This text, “PSIKE Istanbul Ethics Code”, which is based on IPA Ethics Code, sets out the basic ethical rules required for the individual professional and ethical practices of the psychoanalyst and the candidate members of Istanbul Psychoanalytic Association for Training, Research, and Development, which provides psychoanalytic training as a Provisional Society under IPA. PSIKE Istanbul Ethics Code, taking local needs into consideration, is inclusive of all the items of IPA Ethics Code and IPA Criteria.
PSIKE Istanbul Ethics Code:
a- Sets out the ethical-psychoanalytic principles, professional obligations, and humanitarian values that psychoanalyst and candidate members of PSIKE Istanbul are accountable to their patients and public.
b- Is valid not only for psychoanalytic practices, but also for psychotherapy, counseling, entire range of clinical applications, candidate training, supervision studies, and the whole range of institutional studies of the psychoanalyst and the candidate members of PSIKE Istanbul.
c- Basic values related to the obligation of detecting the behaviors and practices, which are observed or claimed to be unethical, of the analyst and the candidate members of PSIKE Istanbul and the obligation of putting in operation the necessary processes as to these situations are defined by this code.
PSIKE Istanbul Ethics Code consists of 3 main parts:
1 Scope and qualifications of the Ethics Code
2 Ethical principles
3 Procedures for PSIKE at handling of ethical inquiries and complaints
PART 1: SCOPE AND QUALIFICATIONS OF ETHICS CODE
1. Scope and definitions: This code is valid for psychoanalyst members of PSIKE Istanbul Provisional Society and candidate members of PSIKE Istanbul Provisional Society. Candidate is the person who is admitted to psychoanalytic training by PSIKE Istanbul Admission and Progress Committee and is aimed to become psychoanalyst in PSIKE Istanbul upon completion of his/her training through formal psychoanalytic training process. PSIKE Istanbul candidates who are passing through their training analysis have the same rights as all other patients.
2. Qualifications of the Code:
a) This code is concerned only with ethical issues. Requirements for admission to psychoanalytic education are explained in the section titled Candidate Acceptance Criteria, and in the section titled Duties and Responsibilities of Admissions and Progress Committee in PSIKE Istanbul Constitution (PSIKE Istanbul Constitution, Page 8, Article 8)
b) PSIKE Istanbul has the primary authority to evaluate cases on its own members.
c) PSIKE Istanbul Ethics Board may delegate a case to the IPA Ethics Committee or handles it together with the IPA Ethics Committee it if deems it necessary.
d) In situations related to up to date international issues, which has urgency or carries serious risks, IPA may need to review the case in question.
e) PSIKE Istanbul Ethics Committee may request the IPA ethics committee to review a case when it deems it necessary.
f) If PSIKE Istanbul Ethics Committee may not address an application for a valid reason, applicant may apply to the IPA Ethics Committee. In this case, PSIKE Istanbul may be requested to cooperate.
3. The process of making complaints to PSIKE Istanbul Ethics Committee:
a) PSIKE Istanbul member psychoanalysts, candidates, authorized bodies of PSIKE Istanbul, concerned patient, family members of the patient, or a professional institution can make a complaints.
b) The complaint may relate to any psychoanalytic work or practice of a psychoanalyst or a candidate. A professional activity of PSIKE Istanbul as an institution may also be subject of a complaint.
c) Where there is no violation yet to be investigated, PSIKE Istanbul Ethics Committee may give an advisory opinion on the interpretation or implementation of one or more principles. This can be in two ways: A candidate, psychoanalyst, or supervisor may request a meeting with the ethics committee. Or, The Ethics Committee may invite interested parties to bring clarity to a topic that draws attention and points to ethical dilemmas.
PART II: ETHICAL PRINCIPLES
1. Maximum attention to the respectability of psychoanalysis and to the psychoanalytic frame.
a) Psychoanalyst should be attentive to preserve the respectability of his/her profession. Psychoanalyst should not be in inappropriate behavior in a way to harm the respectability of his/her colleagues, of PSIKE Istanbul, and of psychoanalysis.
B) In the practice of psychoanalysis, well definition and protection of psychoanalytic frame is essential. Duration, and frequency of sessions, fees, conditions related to fees, regulations etc. must be explained to the patient before the analysis starts and the patient's approval must be obtained.
c) Outside these conditions, a psychoanalyst should not be in any financial, emotional, sexual, or professional relationship with his or her patient. If psychoanalyst has any of these relationships in the past, he should not take that person for analysis.
d) Psychoanalyst should not harm the respectability of any person or institution, colleague, or analysand in an inconsiderate or malicious manner. Psychoanalyst should not attempt to evaluate his colleague in situations that are not needed, except for educational process (such as progress meetings) required by psychoanalytic training.
2. Professional and General Confidentiality
Privacy is the most basic characteristic of psychoanalytic practice.
a) Psychoanalyst has to protect confidentiality of information and documents of patients.
b) Psychoanalyst should approach patients and colleagues in a professional manner and should be honest as required by psychoanalytic privacy,
c) If a patient has risk of suicide or giving serious harm to someone else, psychoanalyst should take necessary precautions to prevent it.
3. Abuse of Power
a) Psychoanalyst should take into account the power imbalance that may exist between the analyst and the patient during or after the analysis, and should not behave in a way that would negatively influence his/her patient’s or former patient’s independence.
b) Psychoanalysis is voluntary and patient may choose not to continue treatment at any time, or may seek another treatment or advice.
c) Termination of the analysis or other treatment is usually established by mutual agreement. If psychoanalyst has to decide not to continue treatment, he/she takes into account the patient's need for treatment and provides information on feasible alternative treatment sources.
d) Psychoanalyst should not use his/her professional or institutional position to press on his patients and colleagues. This also includes use and disclosure of confidential information with the aim of exercising power.
e) Psychoanalyst or candidate may not offer any kind of rapprochement to or have any sexual relationship with a patient who is being treated by him/her or a candidate who takes supervision from him/her.
f) Psychoanalyst or candidate may not be involved in any fraud, deceit, or coercive behavior during any psychoanalytic practice (various clinical practices of psychoanalysis, psychoanalytic training, supervision, etc.).
g) Psychoanalyst should not use his/her power, position, knowledge in the authorized committee/board/jury in which he/she serves, in an exploitative manner during decisions about, and evaluations of patients, other psychoanalysts, or candidates.
4. Respect for Human Rights
A psychoanalyst should never be involved or allow any form of infringement in cases where basic human rights are violated as defined by United Nations Declaration of Human Rights and IPA Non-Discrimination Principle [LU1] *.
5. Conditions of Professional Development and the Sustainability of Work in Ethical Conditions upon Decrease in Skills and in Sickness
a) The psychoanalyst must commit himself/herself to "Continuing Professional Development" and maintain appropriate exchange of information in this framework with his/her colleagues. Adequate current knowledge on professional and scientific developments should be maintained throughout professional practice.
b) If educational analysis of psychoanalyst candidate goes wrong (example: the analyst's illness, death, or abuse during analysis), a solution is sought so that the education analysis can be completed in the way that it should have been. In such cases, it is usually advisable for the candidate to start a new psychoanalysis.
c) If psychoanalyst sees that another colleague's capacity to fulfill his professional obligations is impaired, he/she is responsible for informing and supporting his/her colleague.
d) If, for any reason, psychoanalyst is in doubt about his or her professional practice and capacity, he/she must first seek advice immediately from a senior colleague. If this is not possible, and sufficient, he or she must apply to PSIKE Istanbul Ethics Committee.
e) If psychoanalyst sees evidence that another psychoanalyst is behaving in a way that violates the ethical code, he/she is obliged to inform PSIKE Istanbul Ethics Committee.
f) Analysts are in charge of informing the PSIKE Istanbul Ethics Committee in the presence of outstanding concerns about the professional capacity of a psychoanalyst, without the need of a direct complaint.
g) Against the possibility of a sudden illness or death of a psychoanalyst, it is recommended that the psychoanalyst should determine a colleague to appropriately inform his/her patients and terminate the records of the patients according to confidentiality policy.
III. PSIKE İSTANBUL ETHICAL PROCESS CODE
A) PROCEDURES OF ETHICAL INQUIRY AND HANDLING OF COMPLAINTS
A1- Filling a Claim or Complaint Form:
a) A request or complaint to the PSIKE Istanbul Ethics Board must be in written form and have a wet-ink signature. It is also requested that the complaint form be filled and signed when applying via electronic mail.
b) If complaint is directed to IPA Ethics Committee, it should be written in English.
c) Complaint form must be signed by the person or persons requesting the initiation of the process.
d) "Attention: Ethics" should be written on the envelope as clearly as possible. Envelope must be sent by registered mail or courier to the PSIKE Istanbul Association Headquarters. Courier or return receipt must be stored with the envelope.
e) Envelope that arrives at headquarters of association can only be opened by relevant HC member and Chairman of the Ethics Committee.
f) After the preliminary assessment of the complaint to the Ethics Committee, an informative letter including a copy of the complaint is sent to all subject's interlocutors.
"Interlocutor" may be a member whose behavior is alleged to be unethical and/or PSIKE Istanbul itself, or any body.
g) PSIKE Istanbul Ethics Committee informing letter which confirms the application should include date of submission of notices together with name, address, and complaint petition of each Interlocutor.
h) All applications and information to be collected are kept in a private locker, locked in PSIKE Istanbul Association Headquarter. A private registry is kept and each complaint is recorded in this book with a different number.
i) If at any stage, information is exchanged via electronic mail, or correspondence is made, privacy is ensured.
A2- Ethics Committee Sanctions: Ethics Committee accepts and evaluates ethical requests as well as complaints. If any sanctions or suggestions are made as a result of the examinations, it informs PSIKE Istanbul Board of Directors; if IPA has been commissioned, informs the IPA Ethics Committee.
A3- Special Circumstances Which May Affect The Committee Members' Evaluation Process: An Ethics Committee member who has a special relationship or conflict of interest in familial, professional and/or economic sense, should promptly notify the ethics committee of this matter in written form and should not be involved in the process of evaluation and enforcement. This is also valid for Chair of the Ethics Committee.
A4- PSIKE Istanbul and IPA Cooperation: When a request is made from IPA Ethics Committee; PSIKE Istanbul Ethics Committee should be in cooperation with IPA to include the immediate provision all relevant information and document.
A5- PSIKE Istanbul Informing IPA: If PSIKE Istanbul takes out one member from membership, suspends a member, or suspends his/her membership for over a year, based on an ethical reason, or if a member leaves the membership due to an ethical based complaint or request against him; within 30 days, PSIKE Istanbul must notify IPA Ethics Committee of the name of member and the information including applied ethical rule and sanction
A6- Confidentiality: Any complaint alleging an ethical breach should be treated confidentially. Ethics Council Members, education commission and members of the board of directors are expected to comply confidentiality principle, both during their duties and after termination of their duties.
A7- Time Limits: All communications, notices, responses, and sanctions maintained during these proceedings shall be carried out at a reasonable time under current circumstances. When necessary, PSIKE Istanbul Ethics Committee may require time restrictions on a specific demand basis or depending on the nature and circumstances of the complaint. Other than in exceptional circumstances, the entire process of dealing with a complaint must be completed within one year of the receipt of the formal complaint.
A8- Withdrawal of Complaint: Once a complaint has been formally made to an Ethics Committee (of either a Constituent Organisation or the IPA), the complainant may not withdraw it without the express consent of that Ethics Committee. If the complainant withdraws cooperation the committee may at its own discretion continue hearing the complaint.
A9- Resignation of Member: Once a complaint has been formally made to an Ethics Committee, if the subject of the complaint withholds or withdraws cooperation, resigns their membership, or dies, the Ethics Committee (or other appropriate body) may at its own discretion continue hearing the complaint or appeal.
B) PROCEDURES FOR PSYCHE ISTANBUL ETHICS BOARD HANDLING ETHICAL DEMANDS AND COMPLAINTS
B1- Official correspondences with PSIKE Istanbul: When an application arrives with "Secret: Ethics" phrase on it, person in charge of transferring these correspondences to Ethics Committee in the Board of Directors sends a copy of incoming documents to the Chairman of PSIKE Istanbul IPA Ethics Committee. Original document is kept under security at PSIKE Istanbul Association Headquarters.
B2- Preliminary Evaluation of Ethics Committee: Chairman of the Ethics Committee shares a copy of the complaint with the members of Ethics Committee in accordance with the confidentiality requirements. Members of the board come together to discuss the matter. Board decides whether or not to handle the matter. In emergencies, Chair of Ethics Committee may review the request or complaint with Vice-Chair.
B3- Ethics Committee Sanctions: After a preliminary assessment of the applicant's complaint about ethics, convenes and investigates the case. Then, action is taken in accordance with one of the sanctions, which found to be appropriate. Majority vote is sufficient for decision.
Ethics Committee can do the following:
a) May inform the owner of the application that the complaint does not comply with the evaluation criteria of PSIKE Istanbul Ethics Committee.
b) Can accept the appraisal and conduct a comprehensive evaluation.
c) If there are some obstacles for finding an appropriate solution, if the application should not be handled in PSIKE Istanbul Ethics Committee it may be directed to an IPA full member institution or to IPA Ethics Committee.
d) A comprehensive evaluation can be initiated to look for evidence on the case (see paragraph B5, methods below)
e) Offers its proposal for sanction to be imposed to the training /admission or progression commission.
B4- Legal Advice: If Ethics Committee and Board of Directors find legal advice appropriate or necessary, they can seek legal advice or consult IPA.
B5- Evidence Collection Methods: General criteria for the case of evidence collection conducted by Ethics Committee are listed below:
a) Committee should notify all parties that they have received a complaint and should give them a reasonable time to respond.
b) All records and descriptive information of the applicants must be kept confidential.
c) Ethics Committee may appoint a "Field Visit Team" to act on its behalf. This team can conduct an official investigation and submit an official report, which compiles the case and summarizes its findings, to Ethics Committee for decision-making.
d) In circumstances where an extraordinary situation requires, Ethics Committee may allow the right to be represented by a lawyer.
e) Process should be addressed as quickly and economically as possible.
f) Specific questions or topics may be consulted to one or more experts or subcommittees.
B6- Types of Sanctions: Ethics Committee may propose any of following actions to the Board of Directors:
a) Exoneration If, due to inadequate evidence, it is not possible to come to a conclusion that the unethical behavior occurred; it can be decided that the member is not found guilty.
B) Dismissal of Complaint without evidence: Complaints can be rejected in cases where there is no reliable evidence or evidences are inadequate, or in cases where a decision may not be made due to a procedural fault.
e) PSIKE Istanbul Ethics Committee can express related ethical concerns regarding complaints to the relevant member and can make suggestions such as having supervision or starting analysis:
f) Suspension from the Association. Such suspension shall be for a stipulated period, not to exceed three years from date of suspension.
g) Permanent Expulsion from Membership.
h) Bar on readmission. If a member resigns when a complaint is being handled, judicial proceedings are in progress, or before the appeal is complete; he/she can be barred from readmission.
i) If the application results in suspension or expulsion of a member from membership, members of PSIKE Istanbul and if necessary IPA will be informed about the action.
B7- Applications about the Ethics Committee:
a) Any complaint regarding action or inaction of the Ethics Committee shall be made directly to Board of Directors. Board of Directors may find the application appropriate or refuse it due to lack of evidence (this requires two thirds vote) or take any other action found to be appropriate.
b) Review Request: Ethics Committee may be asked for advisory opinion on a specific issue, on actual or hypothetical cases.
c) The Ethics Committee may be asked to revise the existing regulations and to change some parts; this request must be approved by the Board of Directors.
B8- Payment of Costs by One Party:
When an ethical case is being handled, if the parties resort to deceptive measures such as hiding or distorting information, or spreading an ethical issue to defend oneself, the Board of Directors may accrue PSIKE Istanbul’s and/or the other party’s costs against the offending party.
International Psychoanalytical Association (IPA) Congress, 1911 Weimer