Code of Ethics - Responsibilities - Procedures

October 2010

This section contains:

I. The Article 10 of IAAP Constitution (amendment which has brought into being the IAAP Ethics Committee)
II. The Code of Ethics for IAAP Individual Members
III. The Responsibilities and Procedures of the Ethics Committee of the IAAP

Ethics Committee Members:

Chair, Ann Casement, United Kingdom, BAP, JPA
Honorary Secretary, Erel Shalit, Israel, IIJP

Mariana Arancibia, Chile, IM
Christopher Beach, United States, NESJA, AGAP
Carole Beebe Tarantelli, Italy, CIPA
Christian Gaillard, France, SFPA
Sonoko Toyoda, Japan, AJAJ, AGAP

Ethics Committee Contact:

Chair, Ann Casement LP
3 Hans Crescent
Flat D
London SW1X 0LN
United Kingdom

Telephone: 020 7052 0832
E-mail : This email address is being protected from spambots. You need JavaScript enabled to view it.

I. Article 10 of IAAP Constitution

Article 10
An Amendment to the IAAP Constitution
Passed by the IAAP Delegates at the Cambridge Congress
August 2001

1. In accordance with the aim of the Association as set out in art. 2.3, there shall be established an Ethics Committee consisting of not less than five and not more than nine members, the exact number to be determined by the President in consultation with the Executive Committee. Such members shall be analyst members of the Group Members or Individual Members of the Association who are not Officers or members of the Executive Committee.

2. The Chair and members of the Ethics Committee shall be nominated by the President in consultation with the Executive Committee, which shall make the final approval. The Ethics Committee shall elect an Honorary Secretary from amongst its members. The term of office of the ordinary members of the Ethics Committee will be three years, renewable twice for a further three years with the agreement of the Executive Committee. Where the Chair of the Ethics Committee has already served as an ordinary member for two terms of three years, the term can be extended to include a further two terms of three years as Chair.

4. The Ethics Committee shall have as its main functions to:

a) maintain and periodically revise the documents to be approved by the Executive Committee and the Delegates entitled “The Responsibilities and Procedures of the Ethics Committee of the IAAP” and “Guidelines for Minimal Standards in Codes of Ethics for the Member Groups of the IAAP;”
b) receive complaints as defined in these documents;
c) act as a resource for Individual Members, Groups Members, analysts members of Group Members, and Developing Groups of the IAAP on ethical matters.

5. The Group Members of the IAAP are required to have a Code of Ethics which meets the standards contained in the "Guidelines for Minimal Standards in Codes of Ethics for Member Groups of the IAAP" and shall judge all cases of ethics of their members according to their own Code of Ethics. In cases of groups accepted as Group Member prior to the approval of this article and which do not yet have a Code of Ethics of their own or whose Code of Ethics does not include at least the same standards as “Guidelines for Minimal Standards and Procedures for Member Groups of the IAAP,” the Group Member shall judge ethics cases involving their members by direct application of “Guidelines for Minimal Standards and Procedures for Member Groups of the IAAP.” This is particularly applicable in relation to the regulations concerning notification of decisions made in ethics cases.

Individual Members of the IAAP shall be judged according to the “Code of Ethics for IAAP Individual Members.”


II. Code of Ethics for IAAP Individual Members

April 2005

This Code governs all Individual Members (members not belonging to a Member Society) and routers (any person in training to become an Individual Member of the IAAP) of the International Association for Analytical Psychology. All Individual Members and routers of the IAAP who are not subject to the Ethics Codes of Member Societies of the IAAP should be cognizant and acquaint themselves with the IAAP Code. An analytical psychologist should conduct himself/herself according to the highest ethical standards in his/her work and shall hold the interest of his/her patient to be paramount. This responsibility is central to being an analytical psychologist.

Breach of any of these ethical rules of the IAAP constitutes serious misconduct. Non-adherence to the Ethical Code by Individual Members may result in suspension or expulsion from any form of individual or group membership in the IAAP.

I. Analyst-Patient Relationships

Responsibilities to Patients:

An analyst shall respect the integrity of his/her patient under any circumstance, unless evident significant risks to the patient demand some intervention contrary to the patient’s approval.

A) At the start of the treatment the analyst shall state clearly to the patient the terms and conditions of the treatment, e.g. times, frequency of sessions, and fee arrangements. The analyst shall ensure that these terms and conditions are maintained.

B) Financial dealings shall be restricted to matters concerning professional fees.

C) During treatment, restraint should be exercised with regard to social contacts with a patient. After treatment one should also keep in mind the possible continuation of transference feelings and use discretion in any social contacts. Social contact with a patient's relatives should be approached with great caution and should occur only with the knowledge and consent of the patient. Exceptions may be made in certain circumstances, such as when a patient is a danger to himself/herself or others, in the treatment of children, or when the agreed upon treatment plan includes appointments with family or others for therapeutic or counseling purposes.

D) Confidentiality and the preservation of a patient's anonymity are of primary importance. Particular care must be taken in the publication of clinical material and the presentation of clinical material at clinical seminars. If a patient requests that his/her material should not be published or presented, this shall be respected. Discretion should also be exercised when professional consultation is utilized. Exceptions may have to be made when a lawsuit is threatened or when the law requires a breach of confidentiality, as in the case of child abuse, requirement to warn of danger to others, by court order, etc.

E) An analytical psychologist should not enter into a sexual relationship with any patient nor take any sort of personal advantages that transgress the analytical boundaries (or frame). Terminating a therapeutic relationship in order to have a sexual relationship is also unethical.

F) An analytical psychologist should not use physical violence against a patient. The use of physical constraint may be made when the patient is physically dangerous and may have to be restrained.

General Personal Responsibilities:

G) An analytical psychologist shall not claim to possess qualifications which he or she does not possess.

H) An analytical psychologist shall give proper credit and reference to the contributions and publications of other colleagues and shall not plagiarize the work of others.

I) An analytical psychologist shall not continue to practice when seriously or persistently impaired (1) by the use of alcohol or other substances, or (2) by a physical or psychological illness or any severe stress that would impair one's ability to practice and exercise adequate skill and judgment.

J) If an analytical psychologist is convicted of a criminal offence, or has been found to have engaged in unethical professional behavior by a professional body or licensing agency in the state or country in which he/she resides, it is his/her duty to inform the President of the IAAP of the action, together with the relevant facts.

II. Analyst/Supervisee or Control Analyst/Control Analysand Relationships

Responsibilities to Supervisees or Control Analysands:

The supervisor or control analyst shall respect the particular relationship that is established in training with a supervisee or control analysand. The supervisor or control analyst shall not take advantage of his/her greater authority to become sexually involved with, exploit, or take advantage in any way of someone he/she is to evaluate, grade, promote, or recommend for promotion. Similar caution must be exercised after the teaching/supervisory relationship is over because of ongoing unresolved transference and projection issues which may have arisen in the course of training.

III. Responsibility in Reporting to and Appearing Before the Ethics Committee

Responsibility of an Individual Member in Seeking Help and Reporting Unprofessional Conduct:

A) It is the responsibility of an IAAP Individual Member to seek help and report his/her unprofessional conduct to the IAAP Ethics Committee. Self-reporting will not in and of itself relieve the member of responsibility for his/her misconduct nor will it avoid disciplinary action of the IAAP Ethics Committee.

B) Whenever an IAAP analyst has evidence of a colleague's misconduct it is his/her responsibility to inform the IAAP Ethics Committee, except in cases where patient confidentiality must be maintained. When a member of the IAAP is made aware of the unethical behavior of a colleague or router, he/she should first talk with the colleague/ router and try to stop the behavior in question, and if necessary encourage consultation or further personal analysis/treatment. If the concerned member cannot do this directly and/or needs to maintain confidentiality, he/she may contact the Chairperson of the IAAP Ethics Committee.

Responsibility to Appear Before the IAAP Ethics Committee:

C) When an Individual Member analyst or router is called on to respond to a complaint or a grievance in order to clarify a possible breach of ethics, refusal to meet with the IAAP Ethics Committee and cooperate in good faith could itself be the basis for a separate charge of unethical or unprofessional behavior. This non-compliance could be grounds for Committee action, including a recommendation of suspension or expulsion from any form of individual or group membership in the IAAP.

The first draft of the Ethics Code for the IAAP, with certain additions and revisions, has been mainly based on Ethics Codes, Guidelines and Procedures which have been adopted by the Society of Analytical Psychology -- London (February 1991), the C.G. Jung Institute of San Francisco (April 1991), and the New York Association for Analytical Psychology (revised November 1983 and November 1986).

Eli B. Weisstub, M.D., FRCPC
July 1992

The former second section (Composition and Functions of the Ethics Committee) of this document has been removed following the approval by the IAAP Delegates on August 22, 2001 of the above Amemdment to the IAAP Constitution which brought into being a new standing Ethics Committee.

Revised in April 2005 by Eli B. Weisstub, Liliana L. Wahba, Richard Willetts and the Ethics Committee of the IAAP.


 

III. The Responsibilities and Procedures of the Ethics Committee of the IAAP

Adopted by the delegates meeting in 2004 and amended by the delegates in 2007 and 2010.

A. Composition:

1. In accordance with the aim of the Association as set out in articles 2.3 and 10 of the IAAP Constitution, there shall be established an Ethics Committee consisting of not less than five and not more than nine members, the exact number to be determined by the President in consultation with the Executive Committee. Such members shall be analyst members of the Group Members or Individual Members of the Association who are not Officers or members of the Executive Committee and have not been sanctioned or are not under official inquiry for a serious breach of an ethics code.

2. The Chair and members of the Ethics Committee shall be nominated by the President in consultation with the Executive Committee, which shall make the final approval. The Ethics Committee shall elect an Honorary Secretary from amongst its members. The term of office for the Chair, Honorary Secretary, and ordinary members of the Ethics Committee will be three years, renewable twice for a further three years with the agreement of the Executive Committee. Where the Chair of the Ethics Committee has already served as an ordinary member for two terms of three years, the term can be extended to include a further two terms of three years as Chair.

B. Functions:

1. The functions of the Ethics Committee shall include the following:

a) to conduct the investigation and adjudication of complaints about breaches of the IAAP’s Code of Ethics only in relation to Individual Members (Individual Members include those persons who have officially registered as pursuing/seeking Individual Membership), and where applicable to recommend appropriate action to the IAAP Executive Committee;

b) to review the IAAP’s Code of Ethics for Individual Members from time to time, and to propose amendments to the IAAP Executive Committee as deemed necessary;

c) to provide a minimal standard Code of Ethics and Procedures for Group Members of the IAAP;

d) to hear complaints about Group Members not having followed their own complaints procedures and, if necessary, ask the Group Member to review their action;

e) to advise the IAAP on ethical matters;

f) to act as a resource for all IAAP members on ethical matters;

g) to review and approve the Codes of Ethics and Procedures of new Group Members to insure that the minimal standards have been met, upon their application for recognition by the IAAP.

2. Although the Ethics Committee is a committee of the IAAP, it shall have power to investigate complaints without reference to the IAAP Executive Committee and may itself impose such sanctions as do not require confirmation by decision of the Executive Committee (see C.9, and C.10)

3. The minutes, proceedings and adjudications of the Ethics Committee and documents related to them are confidential to that Committee and shall not be disclosed to the IAAP Executive Committee, to any other member of the IAAP, or to anyone else, except where reports or recommendations have to be made, or as otherwise required by law.

4. For discussion of a specific matter or complaint, the Ethics Committee shall have the power to invite a member of the IAAP or any other person with particular expertise to assist the Committee as a temporary advisor. In such cases, a letter of agreement will describe the nature of such person’s role in relation to the Committee.

5. Actions and determinations by the Committee shall be based on an affirmative vote by a majority of its members.

C. Procedures:

1. All complaints shall be made directly to the Chairperson of the Ethics Committee (the Committee). Complaints, which have been addressed to other officers or to the Secretariat of the IAAP, shall be forwarded to the Chairperson. The procedure, which the Committee follows, should be designed to give both the complainant and defendant an opportunity to substantiate their position. When appropriate and with the continuing concurrence of the parties, the Chair, in consultation with the other members of the Committee, may offer or designate another member of the Committee to offer to facilitate communication between the parties aimed at informally resolving the matter.

2. The Committee will first determine that the complaint if proven to be true would represent a violation of the IAAP Ethics Code and could properly be adjudicated by the Committee according to the terms of these Responsibilities and Procedures.

3. Upon receipt of a complaint against an Individual Member of the IAAP, the Chairperson shall instruct the complainant to put his/her complaint in writing and to provide written permission that the subject of the complaint may be informed of the complaint made against him/her. In addition, if an activity, which would otherwise be confidential, is to be investigated, the complainant must give written permission for the defendant to provide to the Committee any necessary information including but not limited to analytic notes, supervisory notes, personal correspondence and similar material in order to respond to the complaint.

4. Complaints against Group Members regarding failures to adhere to their procedures must also contain written permission by the complainant for the Group to provide information regarding the case.

5. Upon receipt of a complaint the Chairperson shall inform the Individual Member defendant or Group in writing with a copy of the complaint and require a response by the Individual member or Group to the charges within a fixed period of time (no longer than 60 days).

6. The Chairperson will appoint an Investigation Panel (the Panel) of no more than three IAAP Individual Members or members of an IAAP Group Member, at least one of whom shall be a member of the Ethics Committee. He or she will serve as the Chair of the Panel. The appointment of members who are not members of the Ethics Committee must be approved by the President of the IAAP. The Panel will investigate and make recommendations to the Committee as a whole. The Committee will make the final determination in the case.

7. The Chairperson shall consider objections to the membership of the Panel for cause by any of the parties involved and make reasonable efforts to appoint substitute members when appropriate. If by reason of objection by one of the parties or as a result of some other special circumstance such as but not limited to language fluency, the Chairperson deems that it is not possible to select a Panel member from among the members of the Ethics committee, the Chair in consultation with the members of the Committee and with the approval of the President of the IAAP may appoint an alternate member of the IAAP to serve in that capacity.

8. The Panel and the Committee will make their determinations on the basis of the written submissions of the parties. In unusual circumstances, as determined by the Committee or in cases involving complaints against Individual Members one or more members of the Panel may be made available to meet face-to-face with the parties either singularly or jointly, as it may deem appropriate. Due to the sensitive nature of the material to be discussed at these meetings, they will remain private and may be attended only by the parties to the complaint and those witnesses that the Panel determines could offer relevant information. Solicitors or anyone acting in a legal capacity may not represent parties before the Panel or the Committee. Information gathered in the course of an investigation will not be communicated to others except as provided for in these procedures. If the committee makes a recommendation for suspension or expulsion under C. 9 f. or C. 10 c. below, special care shall be taken to protect the identity of the complainant. The conduct of any meeting or meetings shall be at the discretion of the Panel. Decisions by both the Panel and the Committee may be reached through face-to-face meetings or by other means of communication (post, telephone, fax, or Internet).

9. In the case of a complaint against an Individual Member, if the Committee finds that the Individual Member has committed a breach of the Code of Ethics, it may:

a) recommend an apology to the complainant;
b) give a written warning outlining the potential ethical issues a particular action may involve;
c) give a written reprimand censuring the member for questionable actions they have taken;
d) require the member to be supervised by an approved senior colleague, the period and frequency of the supervision to be approved by the Ethics Committee;
e) recommend to the member to have therapy with an approved senior colleague or seek independent medical and/or psychological examination and treatment to be approved by the Committee;
f) recommend to the IAAP Executive Committee suspension or expulsion from the IAAP;
g) decide on the release of information concerning the Committee’s findings.

10. In the case of a complaint against a Group Member, if the Committee finds that Group Member has committed a breach of its own procedures, it may:

a) require the Group to review its action, and/or direct the Group to follow its own procedures;

b) recommend to the Group that it revise its procedures;

c) recommend to the IAAP Executive Committee suspension or expulsion from the IAAP; In the case of the suspension or expulsion of a Group Member, the Executive Committee will determine the IAAP membership status of the members of that Group Member;

d) decide on the release of information concerning the Committee’s findings.

11. An Individual Member’s or Group Member’s refusal to cooperate with the Ethics Committee’s procedures and/or recommendations will constitute a violation of the IAAP Ethics Guidelines and Standards.

12. Both the person complained against and the complainant shall be notified in writing as to the Committee’s findings and action on a complaint as soon as possible after the Committee’s decision. Notification to others under C.9.g. and C.10.d. can take place only after 45 days following the notice of the Committee’s findings or after the completion of the appeal process.

13. The Committee will also decide on the degree to which the findings may be disseminated more generally except that action taken to suspend or expel an analyst for ethical reasons shall be reported to all IAAP Groups of which the sanctioned analyst is a member when such reporting would be in accordance with local law.

14. The official documents of the Committee will be in English, and while a translation into the local language may be provided, the English version shall be binding.

D. Appeals:

1.Both the complainant and the defendant will be given notice of the right to appeal the Committee’s action, including the right to appeal a recommendation to expel a member.

2. Expelled or suspended Individual Members or Group Members shall be denied all membership privileges pending appeal. All other penalties shall be suspended pending appeal. In the case of the suspension or expulsion of a Group Member, the Executive Committee will determine the IAAP membership status of the individual members of that Group Member.

3. The party wishing to appeal must file notice with the President of the IAAP within 45 days of the mailing of the notice of action taken. He or she will be asked to show good cause and to submit any information, which would support the appeal.

4. Grounds for overturning the decisions of the Committee include procedural errors or new evidence, which brings into question the substantive validity of the Committee’s action. Only one appeal will be permitted.

5.The President will appoint a committee to hear the appeal. The Appeals Committee shall be composed of three senior IAAP members, preferably from among the past presidents or past Ethics Committee Chairpersons. The Appeals Committee shall decide on its own procedures, but normally it will rely on the written submission of the individual making the appeal and the records of the Investigation Panel and the Ethics Committee. It will consider the grounds for the appeal and if they are upheld it will send the case back to the Ethics Committee for reconsideration, unless the Appeals Committee determines that the Ethics Committee would be unable to fairly decide the case, in which case it may make recommendations of its own.

6. In the event that the recommendations of the Appeals Committee contradict those of the Ethics Committee, both committees’ findings will be presented to the Executive Committee. A two-thirds majority of the Executive Committee shall be required to rescind or revise the Ethics Committee’s recommendation.

Adopted by the delegates meeting in 2004 and amended by the delegates in 2007 and 2010.