Friday, November 20, 2015

How We've Decided to Treat Each Other at the Virtual Drop In/ Respite

Some Core Principles 

We are trying something new here.  On the one hand, we offer support, respite and drop in space for diverse mental states, experiences and frames of mind.  On the other hand, we are not about health care or medical services.

The above statement is not intended as a disclaimer.  It simply is not our value.
This space is about community.  Here, we offer our humanity.  Our ethic is to honor human rights. For us there no higher law.  We acknowledge nothing that conflicts with this.  

1. Human family


We aspire to create a group that feels and acts like human family.  This is our birthright as human beings.  We share responsibility to make this birthright a reality.  The quality of our community depends upon our efforts to appreciate this principle. 

2. Inherent dignity


Before we know a thing about each other, we already know something about each other. Every one of us has worth.  Every one of us has something worthy of offering.  We will find it if we look for it.  We share that obligation.

3. Rights


Like the old adage, 'good fences make good neighbors', rights are essential to human relationships. 
They protect us in two ways. 

  • Some rights say "keep out.'  They patrol boundaries and deny entry to things that could damage health or growth.  Such rights say to us both: Your right to dominate ends where my personhood begins. 

  • Other rights strive to bring in or keep in. These rights are about opening channels, or protecting access, to needed resources.  These rights recognize that there are certain things that all of us need in order to live, feel and be well. 

4. Reason


We are all endowed with reason and conscience.  Reason means we have the ability to appreciate cause and effect. We can learn from the consequences of our actions.  We can make sense of experiences.  The implication of this is important: We act in ways that make sense to us, based on our experiences.  This counsels us to judge less and listen more. 

5. Conscience


Conscience is what makes us more than robots. Conscience is about our capacity to care.  How things affect us - and how we affect others - matters to us. Equally important, we care about some things more than others. We express different levels of caring through the choices we make. 

6. Reason-conscience interaction. 


If we put them together, the principles of reason and conscience can teach us about ourselves and each other. Reason asks us to look for why something makes sense.  It helps us connect what happened before with what is happening now.  Conscience helps us to see choices in terms of our values.  It helps us to ask, not only 'why did I pick that?', but also 'what does my picking tell me about me?'  
Viewed through this bifocal lens of reason and conscience, every thought, feeling and action provides a clue to understanding human experience.  

Deeper Potential


On the surface, these are simple concepts.  But if you unpack them, they hold a world of potential. The implications are, truly, vast and revolutionary:

  • The most important stuff we offer each other doesn’t cost a nickel. 
  • There is no higher law. 
  • No profession can license this. 
  • No corporation can patent, bottle or sell this. 
  • No Government can withdraw our funding. 
  • It exists if we create it. 
  • We can never afford to ignore it.
  • We are always on the hook to live it.

Welcome to the human family.  There is no other.

Thursday, November 12, 2015

Getting Beyond Shouting Each Other Down and Shutting Each Other Out

Principles for Developing an Effective, Intersectional C/S/X Movement [draft, in progress, comments welcome]


Part I. The Necessity of Addressing Multiple Truths


A. Shouting Each Other Down


As mad people, our hallmark is that...


  • We have diverse beliefs and perspectives among us
  • We tend to believe strongly what we believe
  • We tend to believe strongly in our right to believe it


Think about it.  If this weren't the case - if we didn't care deeply about our truths, we would never get locked up in the first place.  Instead, the first time someone said to us, "If you don't change your tune and start behaving rationally we are going to lock you up", our truth would go out the window.

In other words, the reason we that many of us judged crazy in the first place is - for many of us - a matter of core values and personal principle.  We have truths - feelings, intuitions, thoughts, beliefs about the nature of reality - that are

  1. unique (or at least non-'normative');
  2. deeply important or meaningful at the personal level; and
  3. not negotiable to some basic part of the 'primal being' that controls how we express ourselves   

 This effectively answers the Rodney King question: Why can’t we all get along?  

It also begs the question:

     How can we build a movement when there is: 

  1. So much that we see differently; and 
  2. So much passion around the differences that we do have?  



Implications/ Challenges:
 

1. Pragmatic:  

If we continue to simply attack each other - rather than learn how to build on the strengths of our differences - we will kill our energy and effectiveness for change.  We will also lose the benefits of our naturally diverse humanity  - including the added capacity and learning potential that this represents.


2. Political/ Historical: 


Psychiatric oppression is all about conflict and what happens when worldviews collide. Dominant culture ‘truths’ - like medical model psychiatry - are accorded a status of power, privilege and social validity.  In contrast, truths that are considered unique to individuals and our lived (‘personal’) experiences are dismissed or degraded.


Equally important, the dominant paradigm privileges certain social roles - like psychiatrists - to evaluate and overrule the truths of others.  In the medical model paradigm, doctors hold the ultimate power to determine mental truth.  Everyone else -- including identified ‘patients’, natural supports (friends, family, neighbors, co-workers) and other professional disciplines (psychologists, social workers, psych techs, police, judges, teachers) -- is expected to defer to the presumption of psychiatric expertise.  This is true even if the psychiatrist has only an hour (often much less!) experience with us on the worst day of our lives and others have known us for a life time.

In this paradigm, when disagreements arise, the normative cultural values win.  So does the person with social role that tops the cultural privilege hierarchy. As a practical matter, this means that the conversation stops the moment someone with relative social power - like family, police or a mental health provider - feels uncomfortable.  At that point, the privileged actor assumes their ‘rightful’ position as the ‘higher authority’ on true versus false.  Backed by normative privilege, the usual outcome is that their butt ends up on the protected side of the syringe, totally covered.

In contrast, the individual truth has no such comfort.  Having conflicted with socially privileged viewpoints or roles, its ass ends up on the pointy side of syringe - totally exposed and about to be needled.

The effect of these power dynamics on authentic human relationship is devastating.  Few people dare speak truth to power, and when we do, it is at our peril.  The rest of society sees what happens to us, and becomes even more compliant.  Allegiance is pledged with great fanfare to the dominant culture viewpoints. People hide or change their natural diversity in order to fit in.  Disagreement goes underground and is avoided or minimized whenever possible.

All of this gives the appearance uniformity and agreement.  Human relations look pretty and go smoothly on the surface. This in turn makes even minor questioning seem aberrational and alarming. Dissenters are met with harsh judgment and given reason to regret it.

The resulting dynamic is self-reinforcing for those in privileged roles.  Things routinely go their way. Aggressive enforcement of social norms is protected and rewarded. Contradictions are suppressed and easily disposed of. All of this reinforces their assumption that the dominant viewpoint is good, right and producing the best world possible.

In this social climate, honest exploration of human diversity in thought, feeling, expression and action becomes all but impossible.

To create real social change, we have to stop this vicious cycle. We need to balance the power between individual and social truth. We also need to challenge the cultural attitudes that privilege some actors and marginalize others based on demographic and/ or ideologic alliances.  This requires finding a principled alternative for understanding and approaching human differences.

Credits:  


  • This analysis draws heavily on the work of Shery Mead and Chris Hansen of Intentional Peer Support, intentionalpeersupport.org, and Tina Minkowitz of the Center for Users and Survivors of Psychiatry, chrusp,org.  Taken together, their work articulates the lion's share of the relational and human rights principles we rely on here. 


B. Shutting Each Other Out

Some new vocabulary:

  • Appropriation of Voice

At all levels of society, including business, academics, organizations and families, those in positions of relative social power seem to believe they have the right to speak on behalf of those who have less of it.  Everywhere we look, those at the top of conventional power hierarchies are freely appropriating the voices of those lower on the totem pole.  They are speaking to and for the needs of others.  They are deciding what is good for us and our families.  They are deciding what policies and positions are necessary, good and right for all sorts of us without ever having to be troubled to talk people of our sort.   They are deciding, literally, the directions and fate of organizations in which hundreds, thousands, even millions of us have invested our efforts, trust or lives without one wit of socially enforceable obligation to to even give a rip.  

  • Confabulated Representation

The decisions toppers make affect us every day and in every way.  Their whims affect - and radically alter - the quality of our jobs, well-being, housing, healthcare, food, environment, relationships - everything we hold dear.  Yet, under the topper rule of “toppers rule’ , toppers are largely free to do this without ever having spoken a word to us, without acknowledging our opinions as relevant, without knowing - or caring - that we exist.   To the extent that toppers claim to be speaking on our behalf in these circumstances, their actions have more in common with fraud than genuine social service.

  • Iatrogentic Leadership


The toppers rule is great for toppers -- but often devastating for everyone else.  The result is to amplify the voice, legitimacy and power that toppers already have, while effecting political and social death for the sorry-lotted rest of us.  This perpetuates - rather than alleviates- the oppression of those who are so ‘led’.

  • Organizational Guardianship


As ‘toppees’, we are considered subject to the topper’s lawfully-permitted hierarchical rule.  Vast realms of human concern are left to their discretion.  Apart from bare minimums, like paychecks, contracts or physical violence, toppees have virtually no say, no voice, no right to complain, no lawful recourse.  The social assumption is that toppers know best - no matter how outrageously we are disregarded, degraded or damaged.

While not recognised as such in many contexts, the conventionally accepted ‘toppers rule’ has much in common with the historic practice of 'guardianship’  in mental health.  In both practices, those with social power are deemed entitled to ‘substitute’ their judgment for those with less power.  The practical effect - as many have noted - is the political and social death of those represented.

Where Have All Our Voices Gone? 


Whether their funding source is public, philanthropic or for-profit, mental health organizations represent that that their purpose is to improve the lives of those who have been psychiatrically labeled.  Yet, those of us who have been psychiatrically labeled are rarely, if ever, consulted about how funds intended for our benefit should be used.

To the contrary, decisions typically are made by a privileged few (managers, directors, policymakers, clinicians) who determine - about us without us - what we need and how to get it.  This thwarts our access to the respect, dignity, meaningful voice and active participation that are essential to the personal and political self-determination of any oppressed people.


Repeating the trauma of psychiatry


The de facto practice of organizational guardianship re-enacts the essential trauma and oppression that mad people have experienced at the hands of psychiatry since its inception. The essential dynamic is one wherein a few designated 'experts' who 'know' are deemed entitled to substitute their judgment of what is in our 'best interests.'

It comes from the mistaken assumption that some people ‘know’ better than others what is ‘good’ for them.  Yet, the very social characteristics that qualify people as ‘the ones who know best’ are things like family standing, position in society, employment roles and academic credentials. These roles - and the people in them - historically have been part of the problem, not the solution, in our lives.

They were part of the existing power structure when our oppression started, yet they did nothing to stop it and may have actively used it to strip our rights.

Moreover, the same social roles that those in higher roles (toppers) now say entitle them to decide what is good for those in lesser roles (toppees) arguably are what created the social structures that oppress so many of us in the first place.  We think the conventional practice of classifying people into hierarchical categories of social worth is a big part of the problem.  It both reifies the construct of a social underclass, and validates the relative social privilege of topper roles vis-a-vis toppee roles.

These dynamics reinforce the social attitudes that perpetuate the continued vulnerability to labelling and marginalization by ‘toppers’ of ‘toppees.’

Peer-on-peer oppression and opportunism


Many people see paid peer roles and so-called peer-run organizations as signs of progress.  However, very few of these organizations actually represent the interests of the larger peer communities the claim to serve.  For the most part, these organizations continue to make the same hierarchical role distinctions - paid/ unpaid/ manager/ worker/ volunteer/ recipient - as traditional organizations.

Many peer organizations also adopt and perpetuate the same dominant culture attitudes and practices that inspired the mad rights movement in the first place. Hence, in far too many cases, the major difference between peer and non-peer services is that it is us doing it to us - and then calling it social progress because we got paid to do it.

To many of us, however, this does not look like social progress.  We suspect, in actuality, it is more akin to the psychiatric equivalent of plantation overseers and house slaves.  While some may disagree, to our way of thinking, this is about the system finding a way perpetuate the same social order for less money -- by using our people to run it and then laughing at us all the way to the bank.

It is also about needing to make a living and support a family and having no better options.  It is about socio-economic conditions that make us so desperate that we stoop to oppressing each other in return for the proverbial pat on the head and a piece of institution-shaped pie.

Appropriation of Opportunity in the Name of Advocacy 


This guardianship dynamic is even more painful when it manifests in the so-called advocacy organizations that purport to work on our behalf.  These people have jobs because mad people paid the price.  We advocated tirelessly for countless years without compensation to bring our oppression to social awareness.

Now so-called advocates make a living from our cause. They say they are working for us - that they represent us and our best interests. They give away our rights - and decide what we can live with.

Yet, they make no meaningful effort to reach out to us, engage us, ask what we want or what would make our lives better.  They consider it our responsibility to seek them out if we want to have a voice with them on our own issues.

In what other business could you operate this way?  It’s like:  You hear a rumor that Joe Peer needs help. So you write up a grant, get Uncle Sam to fund it, do what you feel like doing, collect a paycheck every week and then tell everybody what a sad case Joe Peer is and how much he loves what you are doing for him.  Uncle Sam keeps the paychecks coming.  No one knows you’ve never even met Joe Peer. This is self-promotion not advocacy.  It’s also fraud.  

Do You Have Authority to Exercise Authority? 


The Universal Declaration of Human Rights makes clear that authority for governance derives from the governed.  The Convention on the Rights of Persons With Disabilities expressly rejects a ‘guardianship’ approach to governance. (Art. 12).  Thus, appointed leaders may not simply substitute their judgment for that of the constituency they claim to serve.  Rather, they may only represent individuals who have requested their assistance.  Moreover, the scope of their authority is to ascertain and support the 'rights, will and preferences' of any such persons.

Let’s be clear here: So far as a lot of us are concerned:  We didn’t ask you. You don’t know us.  You make your living catering to the system that oppresses us. You are abusing your power and calling it ‘help’. If don’t see how that’s happening or your part in it, you’ve just proved our point. 


Part II: A Human Rights Framework for Finding Common Ground Across Multiple Truths


Historically and intuitively psychiatric survivors have drawn on human rights principles to validate and articulate our concerns in  the dominant culture.  We can draw on this same framework - and it's profound, radical, socially transformative implications - to overcome the challenges that exist among us and to find common ground for connecting across them.

Part A: Core Principles for Negotiating Multiple Truths (from the Universal Declaration of Human Rights [UDHR] of 1948): 



  • We are all equal in dignity and rights.  (Art. 1)



Dignity means that we all have inherent worth and value.  It further hope for mutuality and developing shared vision. In effect, dignity says, “By virtue of the fact that we are both human beings, I trust that there is something about each other that we will find we both value.”

Respect for human rights means that we all share in the birthright of cultural regard - simply by the fact of being human.  In this sense, rights are not essentially an individual concept, but rather something we hold in trust for each other.

At core, rights are really about human needs.  They reflect the consensus of the human community that some needs are so important that no one does well without them.


  • We are endowed with reason and conscience.  (Art. 1) 



Reason means we are all capable of learning from our experiences.  We can recognize cause and effect.  We can use what we already know to make new connections that lead to new awareness.
Conscience means that, by nature, human beings are caring animals. We can get beyond self-interest and take into account how our actions affect others.  We are inspired by values - and prioritize some over others - based on our lived experiences.


  • We are members of a human family and should treat each other that way (Art. 1)


Family is what we want to come home to.   It means having each other’s backs instead of stabbing someone in the back.  As human family, we support each other to access to the material, social and developmental resources that everyone needs to live and be well.  

According the UDHR, recognizing these principles is key. They represent our hope for foundation of freedom, justice and peace in the world.   They can help us create a world that this is free from fear and want. (Preamble.)

Bringing about this new world order is the highest aspiration of humankind. We are all charged with a non-delegable responsibility to become aware of these principles, promote them, and to work for a world where they are respected and realized by everyone everywhere. (Preamble, Art. 29)

Part B: Core Tasks for Finding Common Ground: 



  • Meeting each other as human beings instead of from positions of power and privilege



This necessitates moving beyond thinking of 'peer' status as something that derives from mental health or organizational roles.  Rather, our essential 'peerness' is a function of our shared humanity, our common birthright as human beings, and the common needs, challenges and aspirations this implies.

The long-term implications of failing to do negotiate through our differences are dramatic and dire.
As human beings, we have inherited a 10,000 year legacy of intergenerational trauma, including literally centuries cultural and relational wounding from the dynamics of predator-prey.

Thus, our collective need for healing and transformation is vast.  The alternative to this is to continue on our current course of traumatic reactivity.  If allowed to continue uninterrupted, the latter is our ticket to mutually assured destruction - as a species and a planet.


  • Finding ways to communicate and integrate our multiple truths


The alternative to mutually assured destruction is finding a way to make our differences work for us instead of against us. Our differences stem from our natural diversity and contribute to our robustness as a species.  Our hope of doing this necessitates learning to listen for gifts and strengths - instead of threats and faults.  It also entails learning to get beyond factual details and listen for the core meanings and values that we are trying to get across to each other.

The idea of listening for meanings (instead of 'just the facts maam') comes out of Hearing Voices Movement.  They insist that voices are real and must be taken seriously.  At a minimum, there are two important implications of this:


  1. Voices (people) wouldn’t be bothering to communicate unless there was something they a lot cared about. This is therefore is worth others of goodwill and conscience paying attention to.
  2. Moreover, the bigger the feelings, the more intense the reaction, the more deeply (we should assume) that voices (people) care about being heard.  This is therefore is worth others of goodwill and conscience holding in increasingly high regard, versus writing off as too biased, unbalanced or 'crazy'.    


Beyond this, there are pragmatic reasons to learn to listen for meanings and metaphor.  Moreover, this is true for a broad variety of human conversations, not just 'mad' ones.

Learning to listen for meanings and metaphor helps us to find shared values and interests that we can build on to bridge human differences.  From there, we can explore options and resources for getting where we want to go.  In the end, these understandings will support us to develop a shared vision that includes what is most important to each person; and doesn't include anything that someone just can’t live with.

To do this, however, we have to stay in conversation long enough to get to really know each other. There will probably be a lot of discomfort and uncertainty along the way.   When this comes up, it can help if we focus on trying to really ‘see’ where the other person is coming from,  We also can focus on listening to understand instead of just trying to make our point. (Shery Mead, Chris Hansen, Intentional Peer Support).

The critical meta-task in all of this (from Shery Mead of Intentional Peer Support)  is learning to continually hold the following question in mind as we’re listening and sharing:  How is what I am saying, thinking or doing here contributing to the quality of the relationship that I would like to build?

Resourcing our Development: 


There are several useful approaches/ human resources available to us for learning how to do this, including:


  • Intentional Peer Support (Shery Mead, Chris Hansen, Steven Morgan, Eva Dech), 
  • eCPR (Dan Fisher, Lauren Spiro, Ann Rider, Oryx Cohen) 
  • Hearing Voices Movement (Intervoice, US Hearing Voices Network, Western Mass RLC)
  • Icarus Project (Sasha DeBrul, Jacks Ashley McNamara, Will Hall)
  • Non-Violent Communication (Marshall Rosenberg, Phil Shulman) 
  • Asset Based Community Development (Eva Dech), 
  • Appreciative Inquiry (who knows this well?).  


Part C: Core Strategies for Finding Common Ground 


Some principles we could stand on together:



  1. We speak for ourselves.
  2. The expertise we value is lived experience.  
  3. The value of experience by training (about populations and norms - developed about people without them - is determined by end users.  End users are privileged to decide, on a case by case basis, whether and to what extent so-called normative data applies and/ or make sense to them in the context of their real lives. 
  4. The role of allies and supporters is to facilitate our quest - individually and collectively - for self-determination. 
    • We don’t expect others to be our servants.  
    • But they also do not get to pressure us, decide for us or to substitute their vision or experience for ours. 
    • Rather, the intention is to listen and learn. Should others choose, they can also use their power to open doors - when that is the way we decide we want to go. 
  5. The authority of those in positions of trust derives from the people they claim to represent.  
  6. To be valid, representation requires:
    • making every effort to find and engage every single person who falls within the constituency that is claimed to be represented.  
    • consulting all of us directly.
    • getting to know us well enough to understand what we care about as human beings
    • accurately representing our diverse needs, values and viewpoints on a public and policy level
    • actively working to incorporate the core essence of what we care about into every negotiation that affects our wellbeing, whether directly or indirectly 
    • making absolutely clear who you were not able to reach - or reach agreement with 
    • being extremely clear that your representation does not extend to those particular people or groups. 

Credits:  


  • Thank you Tina Minkowitz, Pat Risser, Eva Dech, Dan Hazen, Lauren Tenney, Darby Penney, George Ebert and so many others for insisting that the core issues in our movement are matters of human rights, not matters of medicine, and can and should be conceptualized as such.  
  • Thank you Shery Mead, Chris Hansen and Intentional Peer Support for proposing a clear, practical, principled relational vision of how we can do this. 


Part III: Exploring and Finding A Common Vision


Some questions we could ask each other:


  1. What do you care about most?
  2. What social attitudes, practices, policies, or barriers do you personally find most distressing or destructive to your well being?
  3. What social changes (attitudes, practices, policies, access to resources) would, if realized,  most contribute to your personal well-being? 
  4. In your lived experience, what contributes most distress or crisis for you?
  5. What relational qualities of human beings are most harmful or damaging?
  6. What other kinds of issues most contribute to or exacerbate distress or crisis for you?
  7. What helps the most when you are vulnerable on in distress?  
  8. What relational qualities that human beings have or could offer are most important? 
  9. What other kinds of support do or could help the most in trying to move forward?

Credits:  

  • Mary Ellen Copeland, Wellness Recovery Action Planning,  http://mentalhealthrecovery.com/
  • Shery Mead/ Chris Hansen, Intentional Peer Support (Focus Plan), intentionalpeersupport.org

Part IV: Developing a Plan & Making It Real


Some questions we could ask each other:


  1. What could we do - individually and collectively - to move toward this vision between now and when we get together next year? 
  2. What do you personally feel most passionate about trying to achieve between now and when we meet again next year?
  3. How, specifically, do you want to work on this? 
    • What tasks are you willing to do?
    • How much time do you have for this work & how often?
    • Where will you do it?
    • With whom?
    • What first is your first step?
    • When will you take it?
  4. What support do you need from each others to do this work?
    • What gifts, strengths, know-how, resources do you need access to? 
    • Who is willing to help? 
    • How much can they help?
    • How can you get / stay in touch with them? 
  5. How will we stay connected and keep accountable to our vision during the upcoming year?
    • What ways do you like to connect/ work on stuff? 
    • How much time do you have for connecting around this work & how often?
    • What are gifts, strengths, know-how, access to resources are you willing/ able to contribute to stuff other people are working on?
    • What a
    • venues or social media do you most like to use?
    • What do you want others to do if you disappear or seem to go off track?
    • Who do you want to hear from and what should they say or do?

Credits:  

  • Mary Ellen Copeland, Wellness Recovery Action Planning,  http://mentalhealthrecovery.com/
  • Shery Mead/ Chris Hansen, Intentional Peer Support (Focus Plan), intentionalpeersupport.org


About This Document:


This document came together as a result of conversations between: Lauren Tenney (laurentenney@aol.com); Eva Dech (evadech@gmail.com); and Sarah Knutson (skknut@gmail.com).  It expresses our lived experience and hopes for the future. With regard to lived experience, this includes not only our painful experiences resulting dominant culture oppression, but also from the ways our movement has reflected the dominant culture and perpetuated the same kinds of harmful dynamics around power and privilege that led to our labeling by psychiatry in the first place.  Our hope here is to state our concerns, raise consciousness, generate discussion and find a principled way forward to a world that is worthy of our hearts and minds, and that, potentially, we all might want to live in.  

Sunday, November 8, 2015

Mental Health Consumer Protection Legislation - [Your State Here]

(in progress, still very drafty, comments welcomed)

Preface

Recipients of both voluntary and involuntary mental health services have long been the subject of discrimination and social maltreatment. The history of this in the United States is well documented and includes over 50 years of strategic eugenics on political and social levels. This historic context of discrimination has allowed egregious harms to be perpetuated against recipients of mental health services in the past. Such harms continue to this day, and urgently require effective, corrective legislative action to remediate.

For this reason, those receiving (or at risk of receiving) mental health care deserve legal status under American law as a protected class. Any legislation seeking to curtail the rights of class members should be treated with strict scrutiny. In addition, protective legislation is needed in order curtail current abuses and prevent further harm.


Part 1: A Consumer Protection Bill Requiring Informed Consent and Truthful Advertising in the Prescription of Psychoactive Medications

Rationale

The most urgent current abuse in need of corrective legislation is happening with regard to the prescription of psychoactive medications as a treatment for what is currently being defined as ‘serious mental illness’ (hereafter ‘SMI’).  In Anatomy of an Epidemic, Pulitzer Prize finalist Robert Whitaker explored how the number of people disabled by SMI tripled over the past two decades. Whitaker’s work received wide acclaim for its investigative journalism, including the 2010 Book Award from the Investigative Reporters and Editors (INA).  The present reality, documented by Whitaker, includes the following:

  • Since the advent of psychoactive medications, disability rates for ‘SMI’ have more than tripled in the United States.
  • About 80 percent of people who are prescribed psychoactive medications for an ‘SMI’ do worse long-term rather than better.  
  • Psychoactive medications are highly toxic and result in permanent disability rates 90% or more when taken as directed.  
  • When taken as directed, psychoactive medications cause people to die (on average!) 25 years earlier than their non-complaint counterparts.  
  • Before the advent of these medication, as many as 2/3 of those diagnosed with ‘SMI’ would return to acceptable levels of social functioning.  
  • In Third World countries where people do not have access to these medications, as many as 2/3 of those diagnosed with ‘SMI’ also recover an acceptable level of functioning.  
  • The most successful program in the Western world for addressing schizophrenia uses psychoactive medications only about 20% of the time and then only as a last resort after non-medication interventions.  The program, Open Dialogue, holds mental health providers responsible to provide early, intensive and comprehensive support to families upon receiving notice that a family member is distressed.  Over 2-3 decades of consistent community-based practice, Open Dialogue has virtually eliminated schizophrenia in Finland. 
  • Numerous other effective, non-medical-model approaches for dealing with mental distress exist. Yet, due to funding, advertising and wide scale co-optation of the medical research establishment by the pharmaceutical industry, vulnerable citizens and their families are routinely being told by well-meaning healthcare providers that the only available treatment for their distressing mental status are highly toxic disabling psychoactive medications.  
  • This is a bald distortion of the evidence and requires immediate and aggressive consumer protection legislation to protect the public interests.  

Following is an analogy.   Imagine you purchase a lawn mower that the manufacturer knew, when used as directed, would:
  • Leave 80 percent of lawns looking worse than before they were mowed.
  • Over time, rendered unsalvageable over 90% of the yards it was used on.
  • Decrease the average person’s property value by  1/3.

Who would stand for this?  

As incomprehensible as it seems, this is the state of modern psychopharmacology documented by Whitaker in Anatomy of an Epidemic.  As a result of active collusion between the pharmaceutical industry, psychiatry and the medical research establishment, there is an astronomic market for a dangerous, ineffective, disabling product.  The public relations and marketing have been used so effectively to obscure the human carnage that someday we’ll look back fondly on the tobacco industry think it was selling life savers by comparison.  

As a result, protecting the public health and welfare now requires immediate, aggressive corrective action.  Such action is necessary in order to set the record straight and to prevent further, irreparable damage to innumerable  individuals and families who have already – or might still become - the unwitting victims of this deliberate, fraudulent marketing scam.  

Text of Legislation

Legislative Intent:

  1. To protect public health and welfare from intentionally distorted information about the efficacy of  psychoactive medications in addressing mental states that distres self or others.
  2. To protect public health and welfare from dangerous, disabling products that have been popularized as a ‘treatment’ for mental states that distress self or others.  
  3. To correct the widespread public misconception that psychoactive medications are the only available treatment for mental or psychiatric challenges
  4. To ensure that citizens who are considering taking psychoactive medications are adequately informed of the known and well-established risks

Required Protections:

Any practitioner who proposes to prescribe psychoactive medications to address a mental state that distresses self or others must:
  • provide the following warning / acknowledgement; and 
  • obtain, in writing, informed consent from the person (and their parent/ guardian, if applicable) before prescribing such medication: 

Required Warning

  1. There is no proven genetic or biological cause of ‘mental illness.’
  2. Psychiatric medications do not correct any known biochemical imbalances in the brain.  After several decades of research, scientist still to do not know how they actually work. 
  3. Currently, there are very few current studies involving the efficacy of psychoactive medications that are not funded by Pharma and/ or conducted by Pharma-funded researchers. 
  4. The Pharma studies that do exist show that, at best, some people benefit from psychoactive medications. However, this is often at the cost of life-limiting, disabling or life-threatening ‘side effects’. 
  5. The non-Pharma studies that do exist suggest the following:
    • About 80% of people will be better off if they are never exposed to psychiatric medications;
    • People in Third world countries where medications are not widely available have a much higher long-term recovery rate from schizophrenia and bipolar disorder (33- 66% recovery) than people in first world countries where medications are routinely prescribed (only 8% recovery)
    • Recovery rates in the United States in the 1940s-1950s, before psychoactive medications were widely prescribed, were vastly higher for bipolar disorder and schizophrenia (33-66% recovery).  Today, with psychoactive medications are widely in use, recovery rates are only 8%.
    • People with serious mental health conditions who are medication compliant do worse and die sooner (25 years sooner!) that those who are non-compliant.
    • Many psychoactive medications have serious (sometimes irreversible) effects that may result in reduced physical, emotional or cognitive functioning, permanent disability and even death.   
    • Many psychoactive medications produce short-term, immediate relief from symptoms.  However, this should be weighed carefully because long-term prognosis often worsens as a result (including the likelihood of more frequent and more severe relapses).  
    • Those with the best recovery rates from serious mental illness are the people who are never exposed to psychiatric medications.
  6. Significant evidence now suggests that Pharma and the American Psychiatric Association have been materially misrepresenting the effectiveness of psychiatric medications for their own financial/ professional gain at great cost to both individuals, families and the public at large.
  7. Many people have successfully recovered from severe psychiatric conditions without the use of psychiatric medications.  
  8. Many people believe that finding alternatives to the use of psychiatric medications either enhanced or enabled their recovery.  

Part 2. A Consumer Protection Bill Requiring Accurate Assessment and Diagnosis in Mental Health and Psychiatric Settings

Rationale:


The National Council for Behavioral Healthcare is a national trade organization which represents behavioral health organizations nationwide.  In 2011, the National Council ‘broke the silence’ on the impact of trauma in behavioral healthcare.  In a special publication devoted entirely to the issue of trauma, National Council leadership called for behavioral health providers in mental health, substance use, criminal justice and public housing settings to recognize and respond to role of trauma in behavioral health.   In this publication, the National Council recognized that more than 90 percent of clients the public mental health system are trauma survivors.  Notably, A. Kathryn Power, then-Director of the Center for Mental Health Services (a division of SAMHSA) wrote:  “Interpersonal violence … is widely accepted to be a near universal experience of individuals with mental and substance use disorders and those involved in the criminal justice system.”  Many also have suffered serious neglect and deprivation related to basic human needs like food, shelter and protection from the elements. 
The National Council also recognizes that trauma survivors have rights.  Significantly, these rights are based on our status as human beings and entitle us to effective, trauma-sensitive treatment and care. http://www.thenationalcouncil.org/wp-content/uploads/2012/11/Survivor-Bill-of-Rights.pdf.  Just as important, according to the National Council, universal trauma-informed care is a do-able, effective, cost-saving response to public behavioral healthcare needs. 
Accordingly:  Mental health providers can and should be required to uniformly screen for trauma and provide trauma –informed treatment.  There is no longer any excuse for providers – in Vermont or elsewhere – for offering citizens anything less than complete and competent trauma-informed responses to the behavioral health needs of its citizens.  The premiere organization representing behavioral health providers nationwide has spoken.  Trauma-informed care is the most effective standard of care for behavior health – both from a results and cost-containment standpoint.  There is no reason not to do it.  It is good for everyone.
Here is an analogy:
Imagine you went to your doctor with a common cold.  (Many people think that trauma is the ‘common cold’ of behavioral healthcare).  The reality is that most common colds get better with time even if untreated by conventional medicine.  Your symptoms including a cough, congestion and some wheezing,, which are also symptoms of lung cancer.  
The doctor you went to was a sincere, conscientious competent practitioner.  He read the medical journals and regularly attended meetings of his professional society.  
Unbeknownst to your doctor, however, his professional association had started making a lot of money by promoting cancer drugs and thus was no longer a trustworthy source of information. Consequently, by the time you presented with your symptoms,  everyone was convinced there was a ‘lung cancer epidemic.’  Moreover, aggressive, early high-dose cancer drug intervention had  become the standard of care.  The clear message from the professional licensing and medical research communities was that any medical provider who did otherwise was committing malpractice.  To the contrary, the paradigm shift had progressed so far that many professionals questioned whether the common cold had ‘really’ ever existed.  At the very least, nearly everyone was confident that the common cold was not the cause of the coughing, wheezing and congestion they were seeing today.    
As a result, your doctor never bothered to assess you for a common cold and proceeded to treat you as if you had cancer.  You got worse – because the drugs are highly toxic.  You eventually died (25 years before you would have!) from the effects of the drug.   At that point, people said how sad it was that there is a lung cancer epidemic and that you were its latest victim.  No one ever knew, because no one ever assessed you in the first place, that you had a common cold that probably would have gotten better with time if they had just left you alone.  All you really needed was a bit of support to rest and heal. 
Sound outrageous?  It is.  Yet, this kind of thing is happening in the mental health system every day.  The sad fact is that roughly 90% of those who present in clinical settings are trauma survivors.  Yet, they are being diagnosed and treated as if they have a serious mental illness of genetic or biological origin.  They are further being told that their only treatment option is to take highly toxic pharmaceuticals, which:
  • make 80% of those who take them worse instead of better; 
  • lead to permanent disability in over 90% of those diagnosed with SMI; and 
  • cause those who take them to die, on average, 25 years earlier that their untreated cohorts.   

The travesty this is wreaking on individuals, families and communities in Vermont is unforgivable. It is highly likely that, every day, thousands of Vermonters are being treated with highly toxic drugs for presumed illnesses that they do not have.  The damage being done is potentially huge and almost entirely preventable through proper assessment and treatment.  Accordingly, immediate, corrective action is now indicated in order to protect the public health and welfare from further damage, as well as to seek remedy the damage that has already been done to unknowing, unwitting citizens. 

Text of Legislation 

Legislative Intent: 

  1. To protect public health and welfare from ineffective, incomplete and harmful assessment, diagnosis and treatment involving mental states that distress self or others. 
  2. To correct the widespread public misconception that all distressing mental states are caused by genetic defects or brain malfunction. 
  3. To promote the health and welfare of individuals, families and communities in Vermont by ensuring that pre-existing trauma is assessed, diagnosed and responded to in trauma-informed, culturally-sensitive ways 
  4. To promote public health and welfare by ensuring that systems of care are equipped to offer culturally-sensitive, trauma-informed responses to every Vermont citizen experiencing a mental state that distresses to self or others. 
  5. To ensure that citizens seeking mental health services are accurately informed about, and screened for, the impact of trauma on their biopsychosocial well-being. 
  6. To ensure that actual sources of traumatic distress for Vermonters are properly acknowledged and addressed by mental health professionals. 
  7. To counter the widespread misuse of medication-only approaches that continue to ‘blame the victim’ and pathologize Vermonters’ legitimate responses to distressing life circumstances and events.

Part A: Requirement of Truth in Advertising and Informed Consent Related to Mental Health Assessment and Diagnosis

Required Protections:



Before assessing, diagnosing or treating any Vermont citizen for a mental state that distresses self or others, any behavioral healthcare practitioner in Vermont must:
  • provide the following warning / acknowledgement; and 
  • obtain, in writing, informed consent from the person (and their parent/ guardian, if applicable) before proceeding with such assessment, diagnosis or treatment:

Required Warning


  1. There currently is no accurate means of diagnosing a mental health disorder or distinguishing one so-called ‘disorder’ from another. After decades of research, so-called experts still cannot agree. 
  2. There is no known biological or genetic cause to ‘mental illness.’ To the contrary, recent advances in genetic mapping suggest that the neurological factors involved in ‘mental illness’ are even broader and more diverse than the factors involved in determining human intelligence. 
  3. By far, the most common correlate of mental health system involvement is trauma. Approximately 90% of those in the public mental health system, substance use treatment or corrections settings - and more than of 90% of homeless individuals – are survivors of childhood trauma. Many others may be experiencing the after-effects of a material, emotional, physical, economic, relational or existential traumatic stressor that occurred later in life. 
  4. Many of the symptoms of traumatic distress, including chronic adaptations to traumatic distress, are identical to those of serious mental conditions, including psychosis, dissociation, mood irregularities, motor/ speech/thought disturbances and suicidal/ homicidal ideation. 
  5. If you have not been screened for the after-effects of distressing or traumatic life experiences, events or circumstances, your service provider must do that now. 
  6. If you are suffering from the effects of traumatic distress (past or present): 
  7. Your symptoms may greatly reduce when the source of your distress is addressed and/ or your sense of safety is restored. 
  8. Your treatment provider should not diagnose you with a ‘mental illness’ or prescribe treatment for a ‘mental illness’ unless: 
    • the source of your distress has been substantially addressed; and 
    • your symptoms have not improved or remitted 
  9. Psychoactive medications may provide temporary relief from symptoms while you are working to alleviate the source of your distress. However, you should weigh the risks carefully because the long-term costs may be significant and irreversible. 
  10. Safe and effective alternatives to psychoactive medications exist. They include: 
    • trauma-informed care, 
    • Hearing Voices, 
    • Open Dialogue, 
    • person-centered therapy, 
    • motivational interviewing, 
    • family therapy, 
    • cognitive behavioral therapy, 
    • art or movement therapy, 
    • narrative therapy, 
    • Wellness Recovery Action Planning, 
    • peer respite stays, 
    • peer wellness centers 
    • Intentional Peer Support

Part B. Requirement of Accurate, Unbiased Assessment for Pre-Existing Distress and Trauma


Required Protections:


Before assessing, diagnosing or treating any Vermont citizen for a ‘mental disorder’ as defined in the DSM/ ICD, all behavioral healthcare practitioners in Vermont must offer:
1. Proper Screening: Whenever any person presents or is presented for a mental health assessment, the following is required:

  • ACES Screening upon admission 
  • Comprehensive screening for current, ongoing, or previously unaddressed biopsychosocial stressors. 
2. Proper Treatment: Where ACES or biopsychosocial factors are identified:

  • The admission reason for the current treatment episode shall be provisionally listed as such factor(s). 
  • Such factor(s) shall be accepted for insurance purposes as the provisional diagnosis. 
  • Unless and until the identified factor(s) are substantially resolved or addressed, the Initial treatment plan shall focus on: 
  • Such factor(s), and 
  • supporting the person to alleviate or cope with symptoms/ distress 
  • The reasonable costs involved in alleviating the persons traumatic distress shall be considered legitimate medical expenses and reimbursed as such by insurance, without regard to whether such costs include ‘traditional medical services.’ 
3. Proper Diagnosis: No person shall be diagnosed with a ‘mental disorder’ within the meaning of the DSM or ICD unless and until:

  • The assessments Part A.1. have been diligently conducted in good faith, properly documented in the record, reviewed with the service recipient and acknowledged in writing by both parties. 
  • The service recipient has been offered a broad selection of trauma-informed interventions, including any intervention (whether medication or non-medication) that the recipient requests and could be made reasonably available with due diligence on the part of the provider or the Designated Agency in the locality where service recipient resides 
  • All identified potential sources of traumatic distress have been substantially addressed; and 
  • The person’s symptoms have failed to remit or materially improve. 

Part 3. Preventing Systemic Re-traumatization


Rationale:


Systemic re-traumatization is a common and serious problem in emergency rooms, healthcare settings, and when emergency responders are called in to assist in containing an emerging situation. The trauma cuts all ways and affects everyone on all levels. This includes emergency responders, service providers and service recipients. Sadly, much of this trauma is needless and avoidable.

Numerous alternatives to involuntary ‘treatment’, including medications, exist. Moreover, some psychiatric inpatient settings have reduced their use of involuntary interventions, including seclusion and restraint by over 99% after making a concerted effort at training, prevention, and non-violent implementation over a period of years.

Text of Legislation


Legislative intent:


  • To protect citizens in healthcare situations from avoidable traumatization and/ or retraumatization associated with the mental healthcare intervention and treatment 
  • To protect citizens in vulnerable mental states from being traumatized by the very intenventions that are intended for their benefit. 
  • To make service recipients, the public, intervention teams, and health providers aware of the traumatic potential of the services that are being provided. 
  • To reassure all citizens, regardless of status, that all possible steps are being taken to prevent systemic retraumatization in the name of care. 

Required Protections:


1. Staff training:


All staff whose job roles include interacting with service recipients must be trained in trauma-informed care and eCPR. Training must including annual refreshers for both modalities.

2. Person-centered Assistance:


All service recipients who are receiving involuntary care (or who could be reasonably foreseen to be at risk for receiving involuntary care) – where at the inpatient or outpatient level, must have:

A. 24 hour access to someone (whether staff or volunteer) who is:
  • Trained in trauma informed care, Intentional Peer Support and communicating across alternate realities. 
  • Trained in supporting and facilitating communication for both people in distress and for people who experience communication deficits. 
  • Available within 15 minutes of a request to listen/ assist in person for at least 2 hours per day
  • Available for the remaining 22 hours by phone, text, internet, or in person. 

Such services are deemed necessary upon request and are billable to insurance at reasonable healthcare rates.


B. Daily access to non-medication trauma-informed group learning experiences (whether offered by staff or volunteers), including a minimum of one of the following per day and four different modalities per week:
  • Intentional Peer Support 
  • Hearing Voices Network 
  • Wellness Recovery Action Planning 
  • Icarus Project Groups/ Activities 
  • Harm Reduction for Coming off Psychiatric Mediations 
  • NAMI Peer-to-Peer 
  • Family Therapy 
  • DBT 
  • CBT 
  • Art/ Creativity 
  • Movement / Fitness 
  • Stress-Reduction training (Yoga, Mindfulness, Meditation, etc) 

3. Mandatory review


Every instance of involuntary care or treatment will be considered as a system failure and a potential trauma risk for both staff and service recipients - whether involved as participants or vicariously affected as witnesses. In order to prevent further/ future personal distress or systemic re/traumatization, such persons must be offered access to:

  • A safe, confidential, free avenue to process and make sense of their experience (within 1 hour). 
  • Independent advocates (within 24 hours) to assist them to communicate their concerns and make recommendations for systemic changes, including the following: 
    • coaching and in person communication assistance as requested to restore any relationships affected, whether in the healthcare setting or otherwise.
    • an in-person incident debrief meeting with agency management within 1 week
    • an in-person opportunity for facilitated resolution with others involved within 2 weeks

4. Penalties for non-compliance


Agencies are required to fully collaborate with these procedures and implement all reasonable remedial recommendations in good faith or face treble damages.

Mad about Rights: Equal Protection in Mental Health

(In progress, very rough, needs updating - comments welcomed)

Recipients of both voluntary and involuntary mental health services have long been the subject of discrimination and social maltreatment. This historic context of discrimination has allowed egregious harms to be perpetuated against recipients of mental health services.  Abuses include involuntary confinement, seclusion, restraint, forced injections of the same medications used to torture soviet dissidents, eletroshock, pyschosurgery, lobotomies, insulin coma, immersion in freezing water, putting shock collars on school children who misbehave, water-boarding, experimentation, sterilization, guardianship, etc.  Documented harms - from the diagnosis/ treatment itself and/ or resultant discrimination - not the so-called illness - include:

  • death (on average 25 years before the general population)
  • physical injury or illness 
  • brain damage 
  • loss of capacity to think, feel, act, relate, work 
  • loss of family and community relationships
  • loss of meaningful social roles
  • loss of opportunity to participate in one's own life and the life of the community at large

The history of such abuses in the United States is well documented and includes over 50 years of strategic eugenics on political and social levels.  Just a few of the numerous resources documenting the above harms and discrimination are listed here:

  • Luhrman, T.M. (Jan 17 2015) ‘Redefining Mental Illness’ in New York Times,http://mobile.nytimes.com/2015/01/18/opinion/sunday/t-m-luhrmann-redefining-mental-illness.html?emc=eta1&_r=1&referrer= ; 
  • Mind Freedom International, “Alternatives to the Traditional Mental Health System”,http://www.mindfreedom.org/kb/mental-health-alternatives;
  • Minkowitz, T. (June 13, 2014) ‘Why Do We Say That Mental Health Detention is Discrimination?’, http://www.madinamerica.com/2014/06/mental-health-detention-discrimination; 
  • Whitaker, R.H (Spring 2005). ‘Anatomy of an Epidemic’ in Ethical Human Psychology and Psychiatry (Springer) 7 (I), http://www.cchr.org/sites/default/files/Anatomy_of_an_Epidemic_Psychiatric_Drugs_Rise_of_Mental_Illness.pdf; Spiegel, A.http://www.npr.org/blogs/health/2012/01/23/145525853/when-it-comes-to-depression-serotonin-isnt-the-whole-story?ps=sh_stcathdl; Caplan, P.J.http://www.psychologytoday.com/blog/science-isnt-golden/201201/powerful-psychiatrists-push-false-theory-unknowing-souls;
  • Whitaker, R. (2010).  Anatomy of an Epidemic.  New York: Random House;
  • Whitaker, R. (2010). Mad in America: Bad Science, Bad Medicine, and the Enduring Mistreatment of the Mentally Ill. New York: Basic Books;

If you would like to add your own experience of being harmed (or say what works), you can complete the following survey anonymously, http://goo.gl/forms/rwwuwMpavR

To read what others are saying about how they have been harmed, go to:


To see what else you can do to make social change happen, read on!  It's more achievable than you might think if we all work together.

Social Change Strategy

Due to historic and ongoing harms, corrective legislation is urgently needed to protect the rights of those receiving (or at risk of receiving) mental health services.  At least two kinds of legislation are helpful.

1. Consumer protection legislation. 

This kind of legislation protects people from false advertising and shoddy services.  This kind of legislation is urgently needed in mental health to curb the influence of drug companies.  All too often, these companies profit from selling drugs that don't work when taken as directed and frequently lead to more harm than good.

In addition, we need far better accountability from the behavioral health profession for the services it is providing. The reality is that over 90% of service recipients in the public mental system are trauma survivors. We have experienced interpersonal violence, extreme poverty and callous indifference to our human needs.  Yet, very few providers are assessing and treating this as a primary injury.  Rather, they are treating us as if we are essentially 'mentallly ill' - and the trauma we have lived through is just an interesting sideline.

Such practices are hurtful and they need to stop.  As consumers - that is, as people who are actually paying good money for services that are supposed to make our lives better rather than worse in some reasonably reliable way - we deserve competent, intelligent care targeted to the needs and issues that we actually have.  At a minimun, we deserve 'licensed professionals' who ask more of themselves and more of their professions than just continuing to mindlessly process us through the 'evidence-based' treatment protocols designed for mental disoders we do not actually have.  We also deserve a far more principled explanation for such practices than the one we are commonly offered - which is, essentially, that this is the habit they have gotten into based on what the insurance companies have decided to pay for.

To protect against such common abuses, we need consumer protection legislation designed o:
Make assessment for trauma mandatory. The facts are clear: Trauma is highly prevalent.  Yet, almost no providers are assessing for it or treating it as the primary cause of psychiatric incident.  They can and should be.

Prevent professionals from diagnosing us with disorders /mental illness when we are actually experiencing the effects of trauma or other distressing life circumstances.  No one should be labeled with a mental illness unless and until they have been competently assessed, treated and assisted to resolve traumatic / distressing life experiences.

Require truth in advertising/ informed consent before recommending or prescribing psychoactive medications. Many of us have found medications harmful rather than helpful.  The unbiased (non-Pharma) research suggests that as high as 80 percent of us do worse, rather than better, when medications are prescribed.

Prevent systemic re-traumatization.  A painful reality is that far too many of us are traumatized by the very treatment that supposed to be helping us.  This is inexcusable.  To add insult to injury, we get sent a huge fat bill at the end of the process. The only difference between that and highway robbery is that someone actually tells the robbers they can't keep abusing you.  Oh, and sometimes you get your money back.   We should long ago have been receiving trauma-informed, culturally-sensitive crisis intervention, ER, inpatient, outpatient and case management services.  That so many of us continue to be harmed in the name of treatment is sad commentary on the 'ethical standards' of the behavioral health professions.  It's also a sad commentary on the profession's willingness and ability to self-police.  Suffice it to say, it's time to take the policing and regulating to a higher level.  

To see a sample of some consumer protection legislation intended to address these issues, go to: https://docs.google.com/document/d/1R9q1h9zsG53uaNfQceh2GO6NFH2MDgntJOy9PEN-azU/edit?usp=sharing.  

2. Equal protection under law


Those who have been labelled mentally ill can and should be entitled to equal protection under US law.  This protection should be applied using the same standards and the same criteria as other citizens.  You can't preventively detain a some one you fear may... rob you, beat their child, give away their life possessions, go bungie jumping, or refuse to take prescribed medications.
The only exception is if that person happens to have a DSM diagnosis.  Then, all too often, you can do it.  What is worse, most of our other constitutional rights go out the window too.  Even more atrocious, this can be made to happen solely on the basis of a psychiatrist who reads the person's chart and does a couple of flyby visits at the pysch ward.  Where else in the world would we sit quietly and allow this to happen...?

This kind of historic and ongoing discrimination against those of us who have been labelled mentally ill has to stop. Furthermore, it does and should entitle us to legal status as a protected class under U.S. law.

Protected class status is a special legal privilege accorded to groups that can prove both historic discrimination and current need - which we can.  Once recognized as a protected class, it will be a lot harder to take away our rights.  Any legislation seeking to curtail our rights will have to be rationally related to a legitimate government purpose.  It will have to be the least restrictive alternative possible. It will be reviewed with strict scrutiny to make sure that it doesn't unfairly impact our rights when compared with other groups.

To achieve our rightful status as a protected class will be no small feat. We will need to change existing law, which will be difficult but not impossible.

To the contrary, this is exactly how the NAACP took on racism in this country.  Before the 1950s, there was over 60 years of established legal precedent saying 'separate but equal' was a.o.k.  Then, the NAACP did its homework.  Under Thurgood Marshall's leadership, the NAACP amassed a volume of documentation, testimony and research showing how separate but equal ..


  • A. Wasn't
  • B. Hurt & damaged black school children
  • C. Perpetuated social attitudes that fed discrimination

As a result of this evidence, the US Supreme Court (in Brown v. Board of Education, 1954) reversed the long-standing the precedent (of Plessy v Fergusen, 1892) saying that it was ok for white communities to engage in open, unapologetic discrimination against black Americans and use public funds to do it.  The Brown case turned the tables on institutional bigotry and set the stage for an entirely new era in American race relations.

We can do the same thing.

For the first time in history, Whitaker's incredible investigative journalism in Mad in America and Anatomy of An Epidemic positions our movement to convincingly argue that mad people have been the systematic targets of discrimination in the United States.

Furthermore, there is now research aplenty demonstrating the correlation between trauma and 'mental illness.' This research has been accepted and endorsed by the premier professional trade organization for behavioral healthcare providers in the United States. National Council Magazine (2011:2): Breaking the Silence: Trauma-Informed Behavioral Healthcare), http://www.integration.samhsa.gov/clinical-practice/NC_Mag_Trauma_Web-Email.pdf.  We can also show that the symptoms of trauma and what the DSM is calling 'mental illness'  are virtually indistinguishable.

For a work in progress demonstrating this, see:  https://docs.google.com/document/d/1yVqs9JgbkxR4X-n5ji0xtBl3-Caka0YI8nJAdzRoxw4/edit?usp=sharing

That means we are well-positioned to argue that the discrimination against us (documented by Whitaker) is now demonstrably:


  • A. irrational and 
  • B. not related to any legitimate public purpose

In other words, even the provider establishment's own lobbying organization recognizes that trauma, interpersonal violence and basic deprivations of human rights are pervasive, and inextricably intertwined, with what we are calling ‘mental illness.’ So why are governments, professionals, insurance companies, and the general public still labeling us, prescribing us 'treatments', and denying us rights and freedom on the grounds that we are 'genetically defective', ''chemically imbalanced' and 'mentally disordered'?

This gives us a firm foundation to argue that the current laws that allow others to oppress us and deny us rights must be changed.  More specifically, those of us who have been labelled 'mentally ill" (whether by the DSM, ICD or public opinion) should be entitled, consistent with current state and federal constitutional law:

  • A. to be considered a protected class; and
  • B. to have any governmental laws or rules seeking to impair our rights reviewed with 'strict scrutiny’ --  and thrown out if they don't pass the test for fundamental fairness.

If this sounds like a long haul and a lot of work, it is.  Nevertheless, just by beginning to make these arguments - especially in pre-emptive briefs that cite the vast amounts of research, analysis and persuasive clinical authority in our favor - we have a lot to gain.  Here is why:

The courtroom rules of evidence allow us to argue (at least creatively) that courts allow - or otherwise admit into evidence:

  • The National Council's public position on the pervasiveness of trauma.  (It is in the nature of an 'admission against interest' by an entire industry, plus the authorities quoted therein are governmental, quasi-governmental, and/ or recognized experts in their fields.)
  • The work of Whitaker and others about the pervasiveness of discrimination (This is the kind of historical fact that courts commonly take judicial notice of.)
  • The work of Whitaker and others about the evidence about the harmful effects of medication  (Arguably, psychiatrists open the door to this - as rebuttal evidence - if they assert that refusing medication is in itself a sign of mental illness)
  • The announcement of Thomas Insel and NIMH throwing out the DSM and the 'chemical imbalance' theory.  (Psychiatrist open the door to this if they assert that denying one's diagnosis is itself a sign of mental illness)
  • The Publications of the British Psychological Society to the effect that there are numerous, reasonably accessible, non-medication-based approaches for addressing both 'mental illness' and behaviors that suggest a risk of harm to self or others.  

Just beginning to make this argument in court is a very good thing for us as a movement -even if we don't win and even if we do nothing more.  Here is why:

If we make this argument, then courts will have to review and decide our argument.  In order to do this, courts throughout the country (i.e., judges, law clerks, defense counsel, government prosecutors), will need to read and thoughtfully discuss:


  • The National Council's position on Trauma, 
  • National Council Magazine (2011:2): Breaking the Silence: Trauma-Informed Behavioral Healthcare), http://www.integration.samhsa.gov/clinical-practice/NC_Mag_Trauma_Web-Email.pdf
  • Mad in America and Anatomy of an Epidemic.  

Once judges and law students start thinking seriously about these issues, then legal scholars and law students will soon follow suit.

This information alone will change how courts (and the court system) think about our cause.   To be sure, it may take us many years (as it has for other movements) - and many court cases - to ultimately win our cause under federal and state equal protection laws and get our rights acknowledged and protected at the official government level. However, just generating this new awareness on the part of the judicial system will begin to benefit us now, right away, in the countless individual cases that are going before courts and judges every day

Better yet, every time this kind of novel argument comes up in a court case, it is news.  That means that professional newspaper journalists will be explaining our major points in the clear, concise terms necessary to translate complex legalese to a general public with a middle school reading level.  This, in turn, will create interest among the public at large.  Before long, works like Whitaker's and trauma statements like that of the National Council could become common dinner table conversation.

If that occurs, then finally, finally, finally, we may see intelligent, reasoned dialogue beginning to happen - instead of the fear-driven, socially reactionary, emotional reasoning that passes for 'sincere concern' every time another school shooting lights the wick and another pre-aimed political cannonball comes barreling our direction and blasting large holes.

The 'Helping Families in Mental Health Crisis Act' Doesn't

[In progress, comments welcomed!]

Short summary:
Despite its attractive name, the Helping Families in Mental Health Crisis Act (H.R. 2646/ 'The Murphy Bill') would hurt families in mental health crisis rather than help them.  Just as conventional mental health has done for decades, the Murphy Bill pits family members and identified patients against each other as a time when we need each other the most.

Longer article:

With Congress in August recess and a new ‘Murphy Bill’ on the table,  the "Helping Families in Mental Health Crisis Act" (H.R. 2646) by Rep. Tim Murphy (R-PA) may seem like history. Actually, it is more like repeating history. For families in crisis, there little help or substantive reform to be found in either bill.  Just as conventional mental health has done for decades, the Murphy Bills continue to pit families members and identified patients against each other in their mutual time of greatest need..

When you think about it, family members and identified patients have a lot in common:

We are both trying to make sense of important life changes
We are both vulnerable to discrimination, marginalization, judgment and othering by the larger community based on stereotypes about ‘mental illness’.
We often come to the mental health system already smarting from and acutely aware of those hurts.
We are both facing life difficulties that have exceeded our existing capacities and natural supports.  (Otherwise, who would use mental health services?)
We both find ourselves at the mercy of conventional mental health system  -- the socially designated default for ‘when all else fails.’
We both come in worried about finger pointing.  Perhaps this is already going on.   Perhaps we are already a bit on the defensive.
While something clearly is not working, none of us wants to be seen as -- or blamed for being -- ‘the cause’ of ‘the problem.”

The fear of being blamed and labeled is perhaps the most damaging part of all. Historically, it’s been a competition between families and identified patients to prove where the ‘fault’ lies.  According to the family, Uncle Bob sees martians and can’t be left alone.  According to Uncle Bob, the family just wants his money - and won’t stop pestering him for a ride in the spaceship.

This kind of dynamic is no doubt distressing for all concerned. ,Moreover, it’s hardly unique to mental health.  In the 1930s, AA/ Al-Anon split the difference and simply called it ‘the family disease.’  Multiple therapy approaches since then have been developed to assess and treat dysfunctional families.’  Mothers, have taken a particularly hard hit for their thankless role as socially designated primary caregivers.

Personally, I’d lose the labels and the illness metaphors all together. In the first place, life is tough all around.  There are abundant avenues to distress and derailment in any given lifetime.

Secondly, this is so much bigger than any one person or family. The fact of our existence starts with a single fragile cell, ends in certain death, and in between consists largely of a survival dance involving a zillion factors beyond anyone’s control.  So assigning blame for mental diversity - or how anyone expresses it - makes about as much sense as blaming people for thunderstorms.

Thirdly, it’s patently unfair.  What families, as a whole, do better than any other social organization to date is to care and commit.  What happens to one of us matters to the others.  We tend to stick through thick and thin.  This means that our futures - and our future happiness - are connected.  The kind of relationships we have today factor heavily in the lives we predict for our years to come.

It's fair to say then that the effects of a 'mental health crisis' affect us all. There are relational shifts afoot that feel difficult and confusing.  There is the stress of adapting to change. There may be fear, loss or grieving as capacities or opportunities appear to change.  There is the ‘stigma by association’ almost certainly comes the family’s way, compliments of the larger community.

All of this is natural, rather than pathological.  It comes from our caring and the intertwined nature of our fates and lives. It is exactly because we have 'skin in' in such powerful ways, that we feel vulnerable and uneasy about how this will resolve. Here, the insight of AA/Al-Anon is no less true today than it was decades ago:  We feel 'powerless - that our lives have become unmanageable.'

It is at this point of collective desperation that the most families come into contact with conventional mental health services.  If the Murphy Bills have their way, this will happen more often and more intensively in future years -- not less.  What’s the harm in that?

Here is the issue. As noted above, families arrive at conventional mental health services in a vulnerable state.   They are beyond their known resources and desperate for solutions.  Everyone wants relief (whatever relief means to them) - and they want it yesterday.

Next thing you know a curtain is swept aside.  A man in a white cape strides in and announces a seemingly simple explanation and a seemingly simple solution.  The designated patient is very ill -- quite possibly too ill to recognize that s/he has a problem. The problem is the result of a ‘brain disease’ that causes a 'chemical imbalance.'  The disease/ imbalance can be fixed with a simple pill.  Compliance with this simple regimen is all that is needed. If the patient takes the pill, the problem will go away.  Everyone's life can go back to 'normal.'  (Okay, as 'normal' as it can be for a family that has been diagnosed with the social stigma equivalent of AIDs)
Not surprisingly, the approach is highly attractive.  People come in begging for answers and immediate results.  Someone in a white coat offers them.  What’s not to like?,

Sadly, it is becoming increasingly apparent that families need to take even the advice of professional helpers with a grain of salt.  According to Independent analysis, both the chemical explanation and pharmaceutical solution are demonstrably partisan.   They appear to be more reflective of industry financial and guild interests than objective medical science.

Indeed, critical examination of relevant research suggests that conventional mental health has vastly overrated the benefits and effectiveness of  pharmacological solutions.   Families are routinely told medications are 'essential' for treating their loved one.  Yet, independent analysis suggests that the medications are associated with higher rates of long-term disability, poorer overall functioning, loss of brain tissue, damage to the basal ganglia and increased susceptibility to relapse. Concerns like these led Jonathan Cole, the former head of the NIMH Psychopharmacology Service Center to ask “Is the Cure Worse than the Disease?”  He further urged that “every chronic schizophrenic outpatient maintained on an antipsychotic medication should have the benefit of an adequate trial without drugs.”

Equally disturbing is this:  In general, people with 'serious mental illness' are dying fifteen to twenty-five (15 - 25!) years before the rest of the population.  Medication compliance - and associated health risks like heart attacks, metabolic syndrome and tardive dyskinesia - appear to play a significant role.

In other words, when you look at the non-Pharma studies, by all appearances, taking medications as directed lowers our life expectancy and increases our disability rate.  This is tantamount to saying that non-compliance with current, conventional mental health treatment advice is an evidence-based practice.

Yet, families are routinely trained by mental health providers that medications are the 'only' treatment available. When loved ones question medications or request alternatives, professionals commonly tell concerned family that this is 'part of the illness.'  When loved ones complain that medications aren't working or are in fact making things worse, professionals routinely school family members to ignore these complaints and convince 'the patient' to follow professional advice. Anything else, family members are sternly admonished 'would be irresponsible.'

This is inexcusable.  We live in an age where many safe, effective psychosocial alternatives are emerging. At a minimum these promising practices produce far less harm and, from the reports of many, lend themselves to far better results. Such alternatives include: Consumer operated services like Intentional Peer Support, the Hearing Voices Network, Alternatives to Suicide, Wellness Recovery Action Planning, Emotional CPR, peer respites and drop-in centers,  Icarus project groups and online communities.  They also include many professional modalities, including: Open Dialogue, Need-Adapted Treatment Method, person-centered therapy and trauma-informed therapy. Information about these approaches can be found on line or through the numerous the peer-run wellness and recovery initiatives are now offered in practically every State.
 

There is good reason why psychosocial approaches are both safer and more effective than pharmaceutical approaches. According to the National Council for Behavioral Healthcare, ninety (90!) percent of those who end up in the public mental health system are survivors of trauma.  Trauma includes things like interpersonal violence, sexual abuse, harassment, discrimination, bullying, homelessness, poverty, crime, witnessing abuse, overwhelming life transitions, grief, loss, disaster, or significant relational conflict.

While the causes of trauma are diverse and varied, the effects of trauma commonly have distressing impacts for individuals and/ or those who love them. Yet, biological psychiatry, in partnership with the pharmaceutical industry continues to ignore these obvious, proven life affects.  They continue to insist, instead, on an out-dated 'chemical imbalance' theory that, despite countless industry-funded studies costing millions of dollars, has never been validated.

The travesty of this intentional (“almost willful”?) ignorance on the part of the highest status professional group in mental health is that they are irreparably damaging the very people who trust and need them the most. Their most loyal patients are in fact paying with their lives for the price of psychiatry's proprietary allegiances. (Not sure what “proprietary allegiances” means.) Moreover, the most devoted, caring family members are, far too often, put in the painful position of having to choose between stern professional admonitions that medications are 'absolutely necessary' and listening to their loved one's self-reports that the medications are damaging them and making it harder, not easier, to deal with their distress.

Sadly, even the most devoted family members are frequently cowed and intimidated by such 'expert opinion.'  At the same time, the relational stakes could not be higher.  The unfortunate, but very real, practical impact of giving into professional pressure is that you end up betraying someone you dearly love in their time of greatest need. Many relationships never recover.

Unlike other life traumas, this trauma is entirely avoidable, and it has to stop.  It is produced entirely by the psychiatric profession - with the assistance of pharmaceutical industry advertising and public relations money.  The profession needs to be held to its hippocratic oath.  It needs to embrace - for the first time in its history - not its status as 'scientific brain experts', but its actual mission of helping people.  Perhaps it could start by predictably delivering some semblance of the miracle cures -- including the smiling faces and attractive lifestyles -- that its industry advertising dollars promise in every American living room every night on TV.

No one can do this with the real human traumas involved in only 5-15 minutes a month.   - Or with the press of a button. -- Or with the pop of a pill.  It is insulting to human dignity, reason and conscience to even imagine this.

That our government officials have been lobbied, catered, and campaigned into supporting this farce that passes for medicine with our public health dollars (literally trillions of dollars) is madness.  This madness, like the trauma induced by psychiatry, is entirely preventable.  One only needs to look at the independent evidence on psycho-pharmaceuticals, and their vast counter-productiveness becomes obvious. Yet, U.S. taxpayers continue to pay billions of dollars every year for a primary treatment strategy that causes far more harm than it ever prevents, and is not even close to the most safe or effective public health response that we could be offering.

The sad fact, however, is that this is a madness that only We The People can stop.  The pharmaceutical lobby is the most effective lobby in the United States.  It is hardly surprising, therefore, that our politicians - like psychiatrists - have surrendered to its influence.

So it's up to us to stop the madness.  It will only keep getting worse until we stop it.

To do that, we need you.  We need your voice and your vote. Demand better for yourself.  Demand better your family.  Demand responses that offer humanity not technology when people come in hurting.  Demand providers who take time to get to know you and your loved ones and who ask about what is really going on for you.  Demand providers who have time -- and organizations that offer it -- when you most need it, for as long as you need it, and as much as you need of it to actually feel and get better.  Demand providers who really listen to you and your loved ones.  Demand providers who treat you all with the respect and dignity to which you are entitled as members of the human family.  Demand professionals who are capable of supporting you to communicate, to make sense of differing realities, to learn together, to work together, to move forward into something new, healing and far better than you ever imagined.

Those are mental health services worth paying for. And, it really is possible. In fact, that's exactly what Open Dialogue does in Finland.  As a result, they have eliminated schizophrenia in their region over the past 25 years.

So, if someone tells you it can't be done, demand your money back.

Better yet, take your life back.  Join the movement, find a peer.  We're here.  We can do it. Differently. Together.  Way better.


On Jul 31, 2015, at 1:02 AM, skknut@gmail.com wrote:

The "Helping Families in Mental Health Crisis Act'  Doesn't.  Please Oppose It.

Despite its attractive name, the Helping Families in Mental Health Crisis Act (H.R. 2646/ 'The Murphy Bill') will hurt families in crisis rather than help them.  Families are routinely trained by mental health providers to ignore the loved ones who need their support in favor of 'professional' advice.  This advice has repeatedly been shown to be partisan and consists primarily of coercing vulnerable individuals to take psychiatric medications in times of intense distress.  While cosmetically attractive in the short run, independent research demonstrates that these medications actually render up to 80 percent of those those who take them worse off rather than better over the long term.  They also reduce the average life expectancy of those who take them by fifteen to twenty-five (15 - 25!) years when taken as directed.  Thus, people who comply with their doctor's orders will die (on average!) fifteen (15!) to twenty-five (25!) years ahead of their time as a reward for their obedience.

This is inexcusable in an age where we know that many safe, effective psychosocial alternatives exist and produce far less harm and far better results. These alternatives include: Consumer operated services like Intentional Peer Support, the Hearing Voices Network, Alternatives to Suicide, Wellness Recovery Action Planning, Emotional CPR, peer respites and drop-in centers, Icarus project groups and online communities.  They also include many professional modalities, including: Open Dialogue, Need-Adapted Treatment Method, person-centered therapy and trauma-informed therapy. Information about these approaches can be found on line or through the numerous the peer-run wellness and recovery initiatives are now offered in practically every State.

There is good reason why psychosocial approaches are both safer and more effective than pharmaceutical approaches. According to the National Council for Behavioral Healthcare, ninety (90!) percent of those who end up in the public mental health system are survivors of trauma.  Trauma includes things like interpersonal violence, sexual abuse, harassment, discrimination, bullying, homelessness, poverty, crime, witnessing abuse, overwhelming life transitions, grief, loss, disaster, or significant relational conflict.

While the causes of trauma are diverse and varied, the effects of trauma commonly have distressing impacts for individuals and/ or those who love them. Yet, biological psychiatry, in partnership with the pharmaceutical industry continues to ignore these obvious, proven life affects.  They continue to insist, instead, on an out-dated 'chemical imbalance' theory that, despite countless industry-funded studies costing millions of dollars, has never been validated.

The travesty of this intentional ignorance on the part of the highest status professional group in mental health is that they are irreparably damaging the very people who trust and need them the most. Their most loyal patients are in fact paying with their lives for the price of psychiatry's proprietary allegiances. Moreover, the most devoted, caring family members are, far too often, put in the painful position of having to choose between stern professional admonitions that medications are 'absolutely necessary' and listening to their loved one's self-reports that the medications are damaging them and making it harder, not easier, to deal with their distress.

Sadly, even the most devoted family members are frequently cowed and intimidated by such 'expert opinion.'  At the same time, the relational stakes could not be higher.  The unfortunate, but very real, practical impact of giving into professional pressuring is that you end up betraying someone you dearly love in their time of greatest need. Many relationships never recover.

Unlike other life traumas, this trauma is entirely avoidable, and it has to stop.  It is produced entirely by the psychiatric profession - with the assistance of pharmaceutical industry advertising and public relations money.  The profession needs to be held to its hippocratic oath.  It needs to embrace - for the first time in its history - not it's status as 'scientific brain experts', but its actual mission of helping people.  Perhaps it could start by predictably delivering some semblance of the miracle cures -- including the smiling faces and attractive lifestyles -- that its industry advertising dollars promise in every American living room every night on TV.

No one can do this with the real human traumas involved in only 5-15 minutes a month.   - Or with the press of a button. -- Or with the pop of a pill.  It is insulting to human dignity, reason and conscience to even imagine this.

That our government officials have been lobbied, catered, and campaigned into supporting this farce that passes for medicine with our public health dollars (literally trillions of dollars) is madness.  This madness, like the trauma induced by psychiatry, is entirely preventable.  One only needs to look at the independent evidence on psycho-pharmaceuticals, and their vast counter-productiveness becomes obvious. Yet, U.S. taxpayers continue to pay billions of dollars every year for a primary treatment strategy that causes far more harm than it ever prevents, and is not even close to the most safe or effective public health response that we could be offering.

The sad fact, however, is that this is a madness that only We The People can stop.  The pharmaceutical lobby is the most effective lobby in the United States.  It is hardly surprising, therefore, that our politicians - like psychiatrists - have surrendered to its influence.

So it's up to us to stop the madness.  It will only keep getting worse until we stop it.

To do that, we need you.  We need your voice and your vote. Demand better for yourself.  Demand better your family.  Demand responses that offer humanity not technology when people come in hurting.  Demand providers who take time to get to know you and your loved ones and who ask about what is really going on for you.  Demand providers who have time -- and organizations that offer it -- when you most need it, for as long as you need it, and as much as you need of it to actually feel and get better.  Demand providers who really listen to you and your loved ones.  Demand providers who treat you all with the respect and dignity to which you are entitled as members of the human family.  Demand professionals who are capable of supporting you to communicate, to make sense of differing realities, to learn together, to work together, to move forward into something new, healing and far better than you ever imagined.

Those are mental health services worth paying for. And, it really is possible. In fact, that's exactly what Open Dialogue does in Finland.  As a result, they have eliminated schizophrenia in their region over the past 25 years.

So, if someone tells you it can't be done, demand your money back.

Better yet, take your life back.  Join the movement, find a peer.  We're here.  We can do it. Differently. Together.  Way better.

References:

1. Whitaker, R. & Cosgrove, L. (2015), Psychiatry Under the Influence: Institutional Corruption, Social Injury and Prescriptions for Reform New York: Palgrave Macmillan.

2. Ibid.

3. Ibid.; Whitaker, R. & Cosgrove, L., Psychiatry Under the Influence: Institutional Corruption, Social Injury and Prescriptions for Reform (Palgrave Macmillan 2015)

4. Whitaker, R. (2010). Anatomy of an epidemic: Magic bullets, psychiatric drugs, and the astonishing rise of mental illness in America. New York: Crown Publishers, and studies cited therein including those contra-indicating routine, prophylatic use of:
5. A comprehensive review of the current science, suggests the following as best practices:
  1. avoiding exposure to psychoative medication when at all possible - including for first-episode 'psychosis' 
  2. before offering medications, allowing first for an initial trial period of non-medication alternatives 
  3. if after a period of sincere trial, no response is achieved from non-medication approaches:
    • a. if sleep is an issue: conservatively offering psychoactive sleep aids like benzodiazapines;
    • b. if sleep is not an issue (or does not resolve with less intrusive sleep aids), offering antipsychotics at low doses and carefully evaluating the response to assess whether - on whole - they are making things better or worse - not only from the provider's and family's point of view- but also from the point of view of the person of concern.