5.1 For reasons of a procedural economic nature, the Commission will first review what happened in the ten-year period before submitting the complaint and assess what this should lead to.
5.2 At the start of this ten-year period, the complainant had been under treatment by the respondent for approximately 11 years. Until December 31, 2013, the defendant worked at “G”, where he also treated the complainant. From 1 January 2014 to 31 December 2015, the defendant worked in his own practice “H” and dealt with the complainant there.
5.2.1 With regard to the complaint referred to under 3.1., Under a, concerning incorrect treatment, as further elaborated in the associated partial complaints and sub-complaints, the Commission considers that the respondent has expressly acknowledged that the treatment relationship has been defective . In short, there has been a derailed treatment relationship. The defendant has acknowledged that he did not act in accordance with the Professional Code for Psychotherapists on many of the points mentioned by the complainant under 3.1., Under a. Viewed against this background, the Commission suffices with a brief descriptive representation of what has happened in the treatment relationship. The complainant was treated by the respondent for more than 20 years.Certainly in the last ten years - at least the years at issue here - there has been an extraordinary and unusually intensive contact between the defendant and the complainant. For example, in the period 2012 to the end of 2015, there were two to three sessions per week. Sessions that were not limited in time and sometimes took five and a half hours at a time. In addition, telephone contact took place almost daily throughout the ten-year period; during a very long period there were two telephone contacts per day, which lasted at least between 15 and 25 minutes. Home visits were also made. In addition, the defendant sent emails to the complainant containing very personal and related texts, and he also sent over 200 cards with such texts, the defendant gave the complainant a considerable amount of gifts (including CDs,books and jewelery) and recorded the aforementioned answering machine on the complainant's answering machine. This - in summary - to show the complainant that he (even when he was abroad) thought of her and did not leave her alone. The defendant also spoke extensively with the complainant about problems that concerned him personally, including problems of the defendant from the past and marital problems at the time as a result of the intensive contact between the defendant and the complainant. Furthermore, respondent often ended the therapy sessions with an embrace / hug. This defendant's course of action is certainly not in accordance with what is customary and accepted within the profession.The relationship that has arisen between the defendant and the complainant is one that went considerably further and was more intense than indicated and is customary in order to arrive at good treatment.
5.2.2 It does not follow from the file submitted by the respondent that treatment plans and treatment goals have been formulated periodically and frequently as usual within the professional group. Nor does it follow from the file whether, and if so, what progress has been made in the treatment and what goals have been achieved. Although the complainant and the defendant do not entirely agree with each other on how many treatment plans have been drawn up, discussed and evaluated, even if the position taken by the defendant is taken as a starting point, there is no question of this taking place in the usual manner within the profession.
5.2.3 That which is stated under 5.2.1 and 5.2.2 is in itself already incorrect, but the more objectionable now that the defendant is at least already at the start of the period in question (in the defense and by the defendant) (actually argued from the beginning of the treatment) the idea existed that the treatment offered was not effective. The defendant describes this idea in his defense as follows: "He felt that the treatment perpetuated and even intensified the complainant's intense suffering." However, the respondent did not end the treatment relationship until the end of 2015, mainly as a result of the complainant's treatment. had become completely exhausted and suffered from panic attacks. Although the respondent has repeatedly, also on the advice of colleagues,attempted to end the treatment relationship (respondent even went into therapy himself), but failed. This because he always feared serious consequences for the complainant. Moreover, a fear that was expressly put to the hearing by the defendant was based on his assessment and not on threats made by the complainant.
5.2.4 Although the file shows that the respondent regularly consulted colleagues with questions about how he could improve the treatment, it does not show that he used a structured form of peer review as is usual within the profession. In view of the very long and complex problems that were at issue and the respondent's own problems, the respondent had
- especially now that he is an expert in the field of feedback - it should be known that simply asking for advice or help does not provide sufficient guarantees for a proper analysis of the problem and a good understanding of one's own actions.
5.2.5 It follows from the above that this part of the complaint is based on the aforementioned ten-year period. The fact that the complainant considers that she has received too little attention in the sense that she has not been treated well, or has not been treated at all, and the defendant has taken the view that he has been treating too much, leads to the opinion that the defendant acted contrary to the standards applicable in the profession, no different.
5.3 With regard to the complaint referred to under 3.1., Under b, concerning cross-border behavior, as further elaborated in the partial complaints and sub-complaints, the Commission considers as follows.
5.3.1 This complaint is broadly divided into two parts. One part concerns the way in which the treatment took place, the way in which the respondent involved his own problems in the treatment and the giving of gifts. This complaint section has already been discussed above and does not require separate discussion. The defendant acknowledged that this procedure was not correct.
5.3.2 With regard to the other complaint component that relates to “Physical contact” and to making unexpected home visits, the Commission considers that the defendant has acknowledged that embraces and embraces have taken place after the therapy sessions. He explained that the termination of the hearings was extremely difficult as a result of the complainant's trauma. With these actions he wanted to show that he was there for her, to offer her comfort and to show his compassion to her. The defendant acknowledged in the defense and at the hearing that he should not have expressed his intentions in this way. Furthermore, the defendant has not denied that there have been unexpected home visits. On the basis of this, this complaint component is already well-founded,since it concerns actions that do not comply with the standards applicable in the profession.
5.4 With regard to the complaint referred to under 3.1., Under c, concerning violation of professional secrecy, the Commission considers as follows.
The complaint concerns the defendant's violation of professional secrecy towards his wife and a colleague. The defendant acknowledged that he had violated his professional secrecy towards his colleague. He asked a colleague to take over the complainant's treatment and, without the complainant's consent, discussed the complainant's situation and mentioned her name. The defendant also took the position that he had requested and received permission to have his wife read a so-called second opinion on (the further treatment of) the complainant, and to make a number of procedural agreements with his wife regarding the complainant's therapy, including coordinating the defendant's family vacations with the complainant's therapy.The complainant has contested that the defendant has requested and obtained this permission.The Commission follows the complainant's point of view, because the medical file offers no clues as to the correctness of the defendant's position.
This part of the complaint is therefore also well-founded.
5.5 With regard to the complaint referred to under 3.1, under d, regarding incorrect file formation, the Commission considers as follows.
In the statement of defense and at the hearing, the defendant stated that the complainant's allegation that the file is incomplete because emails are missing is justified. The defendant regrets that not all correspondence is included in the file. He is also unable to enter these emails because he deleted the email correspondence with the complainant from his computer. The respondent did not dispute in the defense either at the hearing that two files were conducted. There was a personal file and an official file. The personal file contains cases concerning the treatment - in particular relating to the marriage of the defendant - that are not included in the official file.It is incorrect that the e-mail correspondence conducted is not included in the file and it is contrary to what is accepted in the profession that two files concerning the same client are kept. In this way, when the client is transferred, it is not guaranteed that all relevant data will reach the subsequent practitioner.
In view of the above, this complaint component is also well-founded.
5.6 With regard to the complaint referred to under 3.1., Under e, concerning incorrect reporting issued, the Commission considers as follows.
This part of the complaint concerns the letters from the respondent to, among others, the complainant's doctor. The Commission does not share the complainant's view that the letters written in this context contain incorrect, incomplete and one-sided information. The respondent has clearly described the complainant's problem and his role in the treatment. The fact that such letters, written after more than 20 years of treatment, do not contain all the detailed information of what happened during this treatment does not make these letters incorrect, incomplete or one-sided.
This part of the complaint therefore has no purpose.
5.7 With regard to the complaint referred to under 3.1., Under f, concerning an inadequate referral, the Commission considers as follows.
The Commission does not follow the complainant's view that the respondent acted carelessly and inadequately due to the sudden discontinuation of the therapy at the end of 2015 and that he made it impossible, due to his name recognition, performances and refusal to give open information, that the complainant will ever receive the correct treatment. from another therapist. It is important to remember that the sudden discontinuation of therapy was the result of the defendant's illness. The defendant has attempted to obtain clarification for the complainant about what could be a good further treatment option through a second opinion from two colleagues who specialize in how best to follow up jammed treatment processes. However, the complainant did not want to cooperate with this.The defendant cannot be charged for this. As is clear from 5.6,the respondent has correctly transferred the complainant to the general practitioner. In the situation in which the defendant was in a position as a result of his health situation, this was an entirely acceptable course of action. The Commission has not discovered any abuse of his name recognition or his professorship by the defendant.
This part of the complaint therefore has no purpose.
5.8 What the complainant has stated under “Other” needs no discussion, since this does not relate to the defendant's actions. The complainant describes what - in her view - the consequences of this treatment, or the lack thereof, have been and still are for her. Disciplinary law - very briefly summarized - only concerns the question whether the defendant acted in a manner that fits within the standards applicable in the profession.
5.9 The conclusion of the above is that the complaints are partly well-founded. By failing to adhere to what is customary and accepted within the professional group, the respondent acted in violation of the care that he should have shown to the complainant under Article 47 (1) of the BIG Act.
5.9.1 Without striving for completeness, the Commission refers to what is included in the Professional Code for psychotherapists about formulating the demand for care, monitoring developments, including drawing up treatment plans and evaluating what has (or has not) been achieved. , and to what is included in the code about the relationship between therapist and treated person, including what is said about interventions such as touch, peer supervision and the obligation to file.
5.9.2 The Commission considers the following with regard to the measure to be imposed.
There has been a very long treatment relationship of almost 21 years in total. The last ten years of this relationship can certainly be considered extremely complex. The complainant was fully convinced that the respondent was the only practitioner who could help her. Defendant has certainly been in a position in the last ten years in which he knew that he had to terminate the treatment relationship because he was unable to come to a proper treatment, but was unable to do so. Not even after he sought advice from colleagues and involved colleagues in the treatment. The defendant has continued with the treatment, knowing - as he put it himself - that his treatment perpetuated and even intensified the complainant's intense suffering. Entertainment in view of the positions he takes in his books and propagates at congresses,it is incomprehensible that the respondent in the complex situation in which he was wrong did not provide sound feedback and / or intervision, but merely consulted and involved from colleagues during the handling and advice from colleagues until the termination of the relationship has always failed.
In doing so, the respondent did not comply with the rules and principles that apply to his professional group. In this context, the Commission refers to what has been considered under 5.2.1, 5.3.2 and 5.3.3. This did not involve minor deviations from what is customary within the profession, but significant and completely unacceptable deviations. The defendant as a practitioner should have been expected to have terminated the treatment relationship at least at the beginning of the ten-year period in question - it had been clear to him for some time that he was no match for the situation. Instead, he continued the treatment relationship for ten years in a way that he knew was definitely inappropriate and even harmful to the complainant.The Commission charges this defendant heavily. In the opinion of the Commission, the respondent's request that the imposition of a measure take into account the enormous complexity of the treatment relationship and all attempts that he has made to get it back on track. if the therapist is responsible - no matter how complex the client's problems and the relationship between the client and the therapist - that the treatment relationship remains pure and limited as referred to in the Professional Code. The respondent has been a trainer for years and his actions are all the more pressing.In the opinion of the Commission, ignores the fact that the respondent as a therapist is responsible - no matter how complex the problems of the client and the relationship between the client and the therapist - that the treatment relationship remains pure and limited as referred to in the Professional Code. The respondent has been a trainer for years and his actions are all the more pressing.In the opinion of the Commission, ignores the fact that the respondent as a therapist is responsible - no matter how complex the problems of the client and the relationship between the client and the therapist - that the treatment relationship remains pure and limited as referred to in the Professional Code. The respondent has been a trainer for years and his actions are all the more pressing.
Now that the defendant is no longer registered in the BIG register, the imposition of the measure of the prohibition of re-registration is appropriate. The defendant's illness at the end of the treatment gives the Commission no reason to arrive at a different opinion. This is because the defendant's disease has not played a role in a very large part of the period to be assessed and the complaints that relate in particular to the termination of the treatment relationship are unfounded. The Commission sees no reason to determine that its decision will take effect immediately, because the Commission is sufficiently convinced that the respondent will not be able to re-register in the BIG register in the short term.
5.10 In view of what has been considered above, what the complainant has argued about the passing of the prohibition contained in the BIG Act to assess conduct that took place more than ten years ago does not require discussion. After all, imposing a more far-reaching measure as is done is not an option. In addition to the long-term storage of files in the defendant's garage, alleged by the complainant, the complainant's complaints in question relate to conduct that closely resembles the conduct that took place during the period assessed by the Municipal Executive.