Thursday, October 13, 2005

Letting Others Find Their Own Way

California Business & Professions Code §2052.
(a) Notwithstanding Section 146, any person who practices or attempts to practice, or who advertises or holds himself or herself out as practicing, any system or mode of treating the sick or afflicted in this state, or who diagnoses, treats, operates for, or prescribes for any ailment, blemish, deformity, disease, disfigurement, disorder, injury, or other physical or mental condition of any person, without having at the time of so doing a valid, unrevoked, or unsuspended certificate as provided in this chapter or without being authorized to perform the act pursuant to a certificate obtained in accordance with some other provision of law is guilty of a public offense, punishable by a fine not exceeding ten thousand dollars ($10,000), by imprisonment in the state prison, by imprisonment in a county jail not exceeding one year, or by both the fine and either imprisonment.

(b) Any person who conspires with or aids or abets another to commit any act described in subdivision (a) is guilty of a public offense, subject to the punishment described in that subdivision.

(c) The remedy provided in this section shall not preclude any other remedy provided by law.
The practice of giving medical advice is rampant in the groups I attend. I often warn people that telling an addict what they should do to overcome addictive compulsions is against the law, punishable by jail and a heavy fine. Also, any inaccurate or unfounded direction to take such-and-such action exposes the would-be medical practitioner to civil liability for negligent misrepresentation – a lesser form of fraud & deceit. In addition, any failure to disclose risks or alternative treatments may expose the would-be practitioner to civil liability for failure to disclose.

However, mere suggestions and accurate recitals of the speaker's own diagnosis, prognosis, treatment, and outcome fall outside medical advice. This is what we mean by the term "sharing." A suggestion is not a subtle command (as I've heard "suggested"), but a suggestion merely informs the listener of an option that may have been overlooked. A recital is merely an account of this happened, then this happened – no causation or mechanism is stated, no advice given. E.g., a recital would be: "I prayed for rain, and in a few hours, it rained." An explanation would be: "I prayed for rain, which caused God to be moved by pity, which caused God to send the rain within a few hours." Advice (bad advice, I might add) would be: "If you want rain, you better pray."

Another person’s recovery is extremely personal, and we must guard against trying to stop them from finding their own way. Most of us aren't trained to think scientifically. And even if we were, most of us don't have the time or resources to keep up with the abundance of peer-reviewed material and epidemiological and double-blind statistical studies. The only notable exception to this would be a medical doctor, psychologist, counselor, or social worker who earns their living from keeping up with the literature.

The last page of AA's Living Sober has a wonderful passage that I think groups would do well to consider as a closing reading, somewhat along the lines of "A Vision For You":

Finding Your Own Way
Living Sober, pp 85-86
As you stay sober, you are sure to think of new ideas not recorded here. We hope so. We also hope that when you do come up with fresh ideas on this subject, you will pass them on. Please do share. (You'll recall that the act of sharing can itself be helpful to you.) The more experience we can all pool, the more problem drinkers can be helped.

Some of us go back to drinking a time or so before we get a real foothold on sobriety. If that happens to you, don't despair. Many of us have done this and have finally come through to successful sobriety. Try to remember that alcoholism is an extremely serious human condition, and that relapses are as possible in this ailment as in others. Recovery can still follow.

Even after setbacks, if you continue to want to get well, and remain willing to try new approaches, our experience convinces us that you have embarked with hundreds of thousands of companions on the path of happy, healthy destiny. We hope we see you among us in person.

But whatever track you travel, along with us or on your own, you go with our strongest good wishes.

1 Comments:

Blogger Solocrone said...

i like the term setback, instead of the perjorative, relapse. Healing, in whatever form, seems to me like a journey.

7:49 PM  

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