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Seattle University Collaborative Projects - International Academy of ...

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Notions <strong>of</strong> Psychiatric Disorder versus Disease in Psychiatric Classification andResearch: A Contribution to Historical/Philosophical Debate on the Very Nature<strong>of</strong> Psychiatry and its Future or Lack There<strong>of</strong>Denis Morrison, <strong>University</strong> <strong>of</strong> Calgary (denis.morrison@hotmail.ca)With the coming <strong>of</strong> DSM-V, still focused on disorders and more so on the dimensional criterion,Psychiatry could finally crumble under its own weight <strong>of</strong> “culturally derived abnormalbehaviours or harmful dysfunctions" (Jerome Wakefield). Research studies on disease entitiesare very few or non-existent (Shorter and Fink). Should Psychiatry become again a clinicalneuroscience like the old "Neuro-Psychiatry" <strong>of</strong> pre-Freudian days or something along the lines<strong>of</strong> Shatzberg and Kupfer's proposal? Should it continue to be a mix <strong>of</strong> the "psychological art <strong>of</strong>healing and understanding" adhering to both obligations <strong>of</strong> social contract and social control andstill be part <strong>of</strong> a physician's domain (medication prescription and diagnosis)? There is indeed areality not too far down the road <strong>of</strong> Psychiatry becoming simply irrelevant, not being a clinicalneuroscience, for Neurology will have taken over on one side <strong>of</strong> the fence and Psychology willhave taken over on the other. This paper discusses the implications <strong>of</strong> such and the more likelymajor changes ahead.Brain Interventions and the LawBjoern Schmitz-Luhn, <strong>University</strong> <strong>of</strong> Cologne (b.schmitz-luhn@uni-koeln.de)Deep Brain Stimulation has become an example <strong>of</strong> a most promising, reversible and versatilenew method <strong>of</strong> treatment for a variety <strong>of</strong> psychiatric conditions – only it involves entering thepatient’s brain. In clinical practice, the law is one <strong>of</strong> the major challenges to interventions in themost vital, personality-controlling, and sensitive organs <strong>of</strong> the human body. A whole framework<strong>of</strong> rules needs to be obeyed by physicians. While these legal norms differ internationally, theirfunction always includes safeguarding both the patient’s autonomy to decide whether to undergotreatment and to weigh risks and potential benefits <strong>of</strong> intervention, as well as adherence to thestandard <strong>of</strong> quality for medical treatment. But what are the rules that doctors have to almostuniversally obey? This presentation will give an overview <strong>of</strong> internationally fundamental aspects<strong>of</strong> the law, categorizing requirements for good clinical practice regardless <strong>of</strong> the specificjurisdiction by their function, role and historical background, including the protection <strong>of</strong> patients’rights, the most difficult question <strong>of</strong> how to deal with impaired patient autonomy, enrolment inclinical trials vs. individual treatment attempts, ethical rules <strong>of</strong> conduct, the impact <strong>of</strong>constitutional law, and the avoidance <strong>of</strong> liability.278

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