Privacy profession A step towards the protection of the profession of psychology, in some cases does not seem to even be recognized, and when it is not understood or appreciated.
Enter the interview with Prof. Eugene Calvi, who worked as a consultant for the Order of Emilia Romagna the sentence. The news of the sentence came to me through
OPSOnline .
Nicola Piccinini: Dear prof. Eugenio Calvi, first of all thank you for your prompt service! In the dual role of lawyer and psychologist, has worked on the case Abela, abuse of the psychological profession by a naturopath who claimed to practice counseling, sponsored by the Order Psychologists Emilia-Romagna. Could you explain in broad terms, to the extent possible, the critical nature of this case and the outcome of the verdict?
Eugenio Calvi:
Abela I dealt with the case in criminal proceedings before the Court Ravenna for practicing as a psychologist as an expert in the civil action, which in this case was the Order of Psychologists of Emilia-Romagna, defended by the lawyer. Colli di Bologna. The process was particularly important for our category, because it was precisely define the limits of the powers of the psychologist , which is important to establish whether the defendant - who was not a psychologist - had taken steps typical of this profession. Judgement, very properly motivated, has applied for sentencing, and is a final ruling since, Abela despite having the appeal, the appeal has not been cultivated, and therefore the Court's decision is final.
My job was to answer the following questions:
- whether the activity of the accused invaded the area reserved for the psychological profession, and in any case falling within the activities planned by the Law 56/1989
- if so, which of these activities related to the provision of the Act has taken the accused
- if the task of the psychologist, psychotherapist or psychoanalyst faces only for the treatment of mental illness and can not but affect physiological situations (So-called "health").
My answers, of course, supported by appropriate arguments were to the first question, listed second, and last explanatory in the sense of adherence to the second alternative.
Nicola Piccinini: In other words, the sentence has been able to identify specific acts typical and exclusive of the psychologist, and also to establish that the psychologist is not concerned so much about alone, and pathology and psychotherapy, but also salutogenesis or promotion of wellness. It seems to me a great start!
We are talking about "
final decision." If correct, can you explain what technically does this mean? What is the level and extent of application of this ruling, or the ability to use other contexts?
Eugenio Calvi:
As you know, in our system of justice judgments have no binding effect on subsequent reviews, and this also applies to the decisions of the supreme judicial body that is the Court of Cassation. This means that each judge is free to decide as it sees, except the right for parties to appeal against the sentence and to apply them to a higher court in the case of judgments of the Court, the Court of Appeal. Accordingly, it is equally true that the "Precedents" have a value orientation so to speak, in the sense of providing the judgmental elements of reflection developed on similar cases. It 'so obvious that this ability to influence subsequent judgments is greater the more convincing and well-argued and the decision in the case before us, we undoubtedly say that this is a precedent of considerable weight .
Nicola Piccinini: I was convinced and I am happy to have further confirmation.
I would like to understand if and how this ruling affects, for example, training on the market that continually produces figures border .
In Italy, in fact, there are several training facilities, mostly run by psychologists, which are adjacent professions such as Counselor, Reflector, psychologists, Coach, etc ... This activity is justified by saying that while the psychologists involved in care, pathology and restructuring of the personality, they deal with health and wellness. We just saw that in his consulting Party shall clearly specify that: a) the psychologist is not a psychotherapist and b) the psychologist is also involved and especially the health and welfare.
could better illustrate this position, I remember, was adopted in final ruling?
Eugenio Calvi:
was first necessary to clarify that the scope of competence of the psychologist is not exhausted in psychotherapy. The conduct of the accused, in fact, could only marginally be considered "psychotherapy", but was, nevertheless, of course, specific to our profession. So
was shown that the psychologist is not only one who "care" but, while remaining within clinically, and also what is responsible for maintaining the psychological well-being, so that there is now some ten years, " health psychology. " So
can commit abuse of the psychological profession is also not making psychotherapy and not dealing with the elimination or alleviation of disease patterns, or engaging in behaviors aimed at the promotion and maintenance of states of psychological well-being .
Nicola Piccinini: seems to me, this last, important and substantial statement. I would like to go into detail: the sentence is said that might be considered "
specific to that profession (psychologist) those means whose use is based on knowledge of the psychic processes and which consist essentially of observation in interview and administering tests whose purpose is to identify specific aspects of mental functioning. These instruments also are psychological insofar as they aim to knowledge of the mental processes of the interlocutor, using diagrams and their theories of psychology .
In practice, observation, interview and test to become exclusive to the extent that the goal is to identify and learn about the psychic functioning , as required by the psychological theories currently recognized by the scientific community, whether it be declined in terms of management of the discomfort or promotion of psychological well-being.
If so, I would ask for an opinion on all the facilities for training counselor, coach, and reflector like that - actually - passing skills and tools to interview and observation, according to psychological theories, and whose application with the end customer necessarily to identify and learn about mental states, mental and emotional. In that sense, and beyond the Art .21 of our Code of Conduct, I would like to know if and how you can "use" this Final Judgement to affect this training market with a view to the protection of Psychologists.
Eugenio Calvi: In my
relazione ho messo l’accento su quanto è contenuto nell’art. 1 della Legge 56/89, che definisce le competenze dello psicologo quando afferma che “ la professione di psicologo comprende l’uso degli strumenti conoscitivi e di intervento per la prevenzione, la diagnosi, le attività di abilitazione - riabilitazione e di sostegno in ambito psicologico rivolte alla persona, al gruppo, agli organismi sociali e alle comunità ”.
Qui occorre aprire una parentesi. In tutte le attività professionali, le competenze specifiche sono disegnate non già unicamente dallo “scopo” dell’intervento, ma anche e particolarmente dai “mezzi” utilizzati per perseguire il risultato. Quando struggled during the gestation period of almost twenty years of law establishing the Order, if psychotherapy were to be reserved for doctors, as with the purpose to cure, to those who argued that all therapy was attributable to the medicine are objective, reasonable, which was instead necessary to distinguish the "instruments" of care, as it is written in that art. 1.
E 'then evident that belong exclusively to medical transportation surgical, pharmacological, physical, chemical, electrical and radiolarian applied to human beings, should be regarded as
specific psychological profession those whose means use is based on knowledge of the processes psychological, and consist essentially in the observation, in the interview and the administration of test , whose purpose is to identify specific aspects of mental functioning, or other words that have the purpose of understanding the mental processes of the object under investigation, having reference to their theories of psychology. Indeed, not all the comments, not all the interviews and not all tests have such a purpose, and then there are, of course, observations, interviews and tests that are not the sole responsibility of the psychologist.
Consequently,
structures educational broadcasting skills related to traditional musical instruments of our profession, and then prepare the application of these instruments should be directed solely and specifically to the psychologist. Otherwise, prepare the ground for the commission of the crime of unlawful practice of the profession .
Nicola Piccinini: Well ... we're talking about a real bomb! In practice, this ruling would pave the way for further initiatives on the part of the Order towards establishments - run by psychologists - that make neighboring professions, contributing - in some ways - the commission of a crime?
I think it's a fresh perspective and valuable that deserves due attention by Order and colleagues also psychologists.
So, for fun, I ask you to read the following statement and tell me if and how they fall "illegally" as established by the Final Judgement:
- First statement: "The Counselor is able to facilitate resolution of existential distress of psychic origin that does not, however, a profound restructuring of the personality ... the intervention of counseling is aimed at resolving the conflict in the individual life or emotional distress that impair a full and creative expression "
- Second statement:" Counseling is a meeting between two people - the counselor and the client - thanks to a dialogue-oriented, a relationship that fosters the ability to identify, recognize and restructure the uncomfortable extrapolating from the same customer resources needed to overcome . To begin you to meet and interview: define the inconvenience, define how long it takes to resolve the discomfort, recognize and extend its grid representation of the discomfort "
- Third statement:" The counselor is able to support the solution to an existential question that makes them uncomfortable, and / or relationship to an individual or group of individuals. Counselling is never-oriented care, but to strengthen the ability to choose in their own lives and to this end it is necessary to use terminology that differs from the usual medical and psychological lexicon "
Eugenio Calvi: A
I think the first and third statements clearly invade the field of competence of the psychologist. It 's true that you do not define the tools used, but their identification is implicit in the clarification of objectives, pursued only evidence by means that are based on knowledge of mental processes. Not understand, or how it is possible address the "existential distress of psychic origin," or " existential conflict" or " emotional distress."
The second statement, in addition, also refers to the instrument of " oriented dialogue to facilitate the detection, recognition and restructuring of the discomfort ." Then he adds a further element that encompass the responsibility of the counseling psychologist .
Nicola Piccinini: find out the cards on the table and see where we get these statements: the first is
- of Sico ( link), one of the biggest that promote the spread of counselor and holds a register (not regulated by law!)
- the second is taken by a major structure ( link) that is infested with advertising - in months - Underground Rome (then illegally spreading a typical act of ours), the third and
- ' ASPIC ( link) companies represented by Mrs Montanari, at the same time sitting in council with the Order Lazio group Sipapo Lazio ( link).
I remain sincerely regret that these realities are often managed or participated from fellow psychologists. I remain disturbed even when then they occupy seats in the Council, with responsibility for protection, but instead right in the conflict of interest, such as the
Sipapo Lazio (
link).
The good thing is that this Judgement
allows you to build concrete actions to protect the misuse of the psychological profession, and to the structures that form and then those who tend to abuse of the psychological profession . I wonder why the various Associations of Psychologists, regional and national, have not taken that decision does not have the diffused among colleagues (making them "stronger and conscious"), not have adopted to set the protection policies more effective. Thus,
idea what has been done with respect to this curious decision to drop into the void by Orders of this sentence? Eugenio Calvi:
As I mentioned earlier, the sentence in question , just for the accuracy of the arguments and the depth of the survey, with a perfect logical design describes the boundaries of responsibilities of the psychologist. E 'and then a very useful tool for the defense of our profession from the cases of illegal . am firmly convinced that this decision should be known by all members of local councils (and no less by the National Council) as a sort of "handbook" to judge the cases described above. Because this is not done until now - with the sole exception of the Bar Council formed a civil - can be, I would consider, attributed to a lack of communication rather than to a deliberate indifference. You could probably propose to the National Council of inertia and spread out the text of above, at least from page 20 to page 28, where they developed the arguments that interest us.
Nicola Piccinini: Then two of us!
I too would have pleased that this award, including the exposure of its operational impacts, were spread by our professional associations! It will definitely be my care
this interview and his sentence to my regional order, Lazio, and invite all my fellow psychologists to do the same!
