Much like our own embarrassment over faux television judges, it appears that psychologists are not happy with Dr. Phil’s conversion of their field into a form of entertainment. A complaint has been filed that Dr. Phillip C. McGraw’s (his real name) rush to interject himself into the Britney Spears controversy constitutes practicing without a license. It could present an interesting question for both medical and legal personalities on television.
The complaint against Dr. Phil was filed with the California Board of Psychology. It is a felony to practicing without a license in California. Dr. Phil previously gave up his license in 2006. Notably, when they go on his show, participants sign a contract that includes a provision that he is not medically treating them. Notably, when his show began in 2002, the Board investigated whether he was practicing without a license. In what would be an insult to most true doctors, the Board found that Dr. Phil was not in violation because he was acting as an entertainer, not as a psychiatrist.
The problem of Dr. Phil began when he showed up at the Cedars-Sinai Medical Center in Los Angeles after Spears was involuntarily admitted. He was reportedly asked to visit her by her visit on a confidential basis. This visit is viewed in the complaint as practicing clinical psychology as well as violating the Health Insurance Portability and Accountability Act. Among other things, he is accused to shattering her professional confidentiality and relationship with her treating psychiatrist.
His greatest defense is found in Section 2903 of the California Business and Professions Code, which defines “The practice of psychology is defined as rendering or offering to render for a fee … any psychological service involving the application of psychological principles, methods and procedures … [such as] the methods and procedures of interviewing, counseling, psychotherapy, behavior modification and hypnosis.” He clearly was not acting for a fee. Yet, his best defense may be his old defense: he is really not engaging in real psychology.
Spears family was publicly outraged by Dr. Phil’s disclosure of the visit to the media and violating their trust. Of course, next time they may want to hire a real psychiatrist instead of trying to have their Pop star treated by a Pop psychologist. Notably, Dr. Phil’s controversial public discussion of his visit and dire predictions of Spears’ demise could be cited (and perhaps was intended) as evidence that he was acting as an entertainer rather than a clinical psychiatrist.
This is not the first time that Dr. Phil has been in trouble on ethics.McGraw gave up his license in Texas before he completed disciplined measure meted out by the Texas State Board of Examiners of Psychologists in 1989. He was accused by a former therapy client of having an improper relationship with her. McGraw gave her a job but denied improper physical contact. He was nevertheless found guilty of violating professional rules and officially reprimanded. He then closed his practice completing the specific punishments.
It is difficult to get the full story on this earlier allegation. The Texas Board record <<a href=”a refers to a “dual relationship/violation of code of ethics” for a Phillip C. McGraw. It states here that there was a charge of a “dual relationship/violation of code of ethics” for a Phillip C. McGraw. It states the punishment as “Supervised Practice (1 yr); 01/27/89, Violation of Code of Ethics Satisfactory Completion of Professional Ethics Course and Board’s, Board’s Jurisprudence Exam; Physical and Psychological Evaluations.”
The act of visiting a hospital is clearly different from the show itself since it was not filmed or done for public consumption. For McGraw, however, he might have to admit that he did not care a wink about Spears and was doing this (despite the understanding of the family) solely for ratings. Notably, unless there are criminal charges, it is unclear that the Board has any jurisdiction to punish McGraw even if he were found in violation.
Ironically, if he caused harm to Spears, he could be sued in tort. Under the common law standard, even if you are not a doctor, you are held to the same professional standard if you hold yourself out as a doctor. Obviously, McGraw is a trained but not licensed doctor. Once again, his saving grace is that Spears was already a car wreck and he merely came to gawk.
NNNNNNNNNNNNNOOOOOOOOOOOOOOOOOOOOOOOO!!!!!!!!!!!!! Now I’m unable to escape Britney wherever I go!
Indeed, given her transformation into a perpetual machine of litigation, I am thinking of just renaming this blog as BritneySpearsLitigation.com. Heck, if I add the words diet, xxx, and golf, I could compete with Google in the number of hits.
Psychiatrist? When did Dr. Phil attend medical school? This is news.
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Dr. Phil is a psychologist, not a psychiatrist.
Dr Phil Is a fraud. I hear he hasn’t renewed his License its been expired since 2006.. Anyone know any different? That’s what I hear.
Oh Dr. Phil can you provide me some of your crappy advice please?
Dr. Phil does not only NOT have the credentials to cause the mass hysteria he has by leading people astray with this HUGE (Texas like, no offense) – non-authentic opinions while possibly leading people astray…BUT, HE IS HIRED AS AN ENTERTAINER, not a doctor of any kind!
I wonder…why do the Americal people seem to need someone to follow by the masses at all times and it is always any new figure who appears on TV or a church pulpit.
This certainly does not happen in Canada and certainly never would to this degree. We may be known as quiet and passive, but perhaps that is because we listen, think and work out what is right or wrong..authentic or just opinion.
No reputable professional, of any kind, leaves or simply walks away from a passion they spent years in university for or the obvious passion to help others, just for fame and money.
All therapists, doctors, psychatrists and psychologists take an oath to maintain doctor-patient confidentiality, meaning even with a court order, it is difficult to break that oath.
THINK..just think is all one has to do.
OPRAH, although bouyant, has a degree in communication and performing arts (acting) ONLY. She is a good talker and comes across as aggressive and a good pusher, however, it all still remains HER opinion. Are we all not worthy of our own opinion? Yes, it is fun to listen perhaps…but to follow? That is quite another thing.
The bottom line is, it is all simply entertainment and classified as such for a very good reason.
What kind of people want the world to know their personal problems is the first place. This should be the question here.
Karen Maxwell, Freelance Writer for Sun Media
Karen Maxwell opines: “No reputable professional, of any kind, leaves or simply walks away from a passion they spent years in university for or the obvious passion to help others, just for fame and money.”
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Karen, I hate to burst your balloon, but Phil McGraw, Ph.D., practiced psychology for many years, branching out into forensic psychological consulting, which is how he met Oprah Winfrey. His firm was consulted for their expertise when she was sued in Texas for “insulting beef.” No, I am not making that up. She was sued by the beef producing industry for comments she made about eating red meat on her television program.
Dr. Phil McGraw was a highly successful clinical psychologist in Texas and did indeed walk away from that. Thanks to the insurance companies making it increasingly difficult for psychologists and psychiatrists to get paid, many of them left the field for other work. For example, one psychiatrist I know went into emergency medicine. Phil now makes more in a week than many psychologists make in two years. Give up fighting insurance companies to host a network TV show? Hell yes, in a heartbeat.
And oh yes, with Dr. McGraw’s able assistance and some good lawyers, Oprah won her case. The rest, as they say, is history.
You have not burst my bubble in the least. And yes….we all know about the ‘beef’ versus OPRAH incident.
About Phil McGraw.
Please recall, I did not say or suggest Phil McGraw’s firm, has not put forth efforts to give aid to anyone, anytime. In fact, I did not speak of the ‘firm’.
Sorry, I disagree with your comment – “Give up fighting insurance companies to host a network TV show? Hell yes, in a heartbeat.”
I have studied psychology / sociology myself. The first textbook placed in my hand was: “Are You REALLY a Helper”. It was intended to not only aid in defining (or not) our passion to the profession, but define whether our passion to help the human race is so great, that being paid had nothing to do with it. A bit of time…even a year waiting for an insurance cheque, when (as you say) McGraw’s business was “highly successful?” Then, its a non-issue and borders on contrary.
‘Grandstanding’ is not a respected initiatve when it comes to certain professions and this is one. Arrogance has no place in mental health. Most important though is this: The man is hired as an entertainer and has implimented a grand disregard to the profession. To sit the accute matters of the mind in the same arena with ‘entertainment’ is simply a bad act.
With his analytical dissection of guest(s) , McGraw implies (globally) that by watching, YOU TOO can be cured in just one hour through your TV set and I am told, many interpret it as exactly that.
a) Disrespects the profession
b) The implication that mental health can be ‘cured’ or directed through a TV set is degrading to the business of medicine and to the millions who would NOT trade in their passion, nor patients, for a dollar
c) Guest’s mental profiles are disrespected, and global viewers are drawn, (subliminally), to believe perhaps they ‘may’ not only relate, but could also have actual issues. I have personally seen relations crumble because of the directives of the show. In speaking with several physicians here, there have been more relationship breakdowns cropping up since McGraw aired, than have been in years.
d) Through a barrage of, more often than not, condescending remarks and personal interpretation – at times an outright analytical smear campaign, the end is also an often arrogant summary with suggestive remarks that if the guest (and we all) follow McGraw’s advice, then life might even be livable, but if not….then “oh well…don’t say I didn’t tell ya,” as McGraw often says. Unremarkable indeed.
Perhaps if the show began and ended with “The following (or preceding) is classified as entertainment only and is not intended as a professional cure for matters of mental health.”
All that said…really, the bottom line is this: Much overstepping of boundaries has taken place, whereby a profession respected for centuries if not millennia, has been made out to be a superficial matter, corrected by a big guy on a TV screen, hired to entertain the masses and bring in more doe, rae, me. The only thing securing the railing to the stairs are prudent legalities and the almighty dollar.
I agree with Karen Maxwell, there needs to be a disclaimer for the show that people can understand. Please don’t get me wrong but I know some Americans who are not the sharpest pencil in the box and truly believe that what Dr Phil said on the TV is in their eyes the truth because they see it with their own eyes. What would happen if there was an issue on the TV that Dr Phil gave his personal opinion and advise on and someone in the TV public took his word as the truth and committed suicide because they could not beer to live with the consequences. Would he be held accountable because he suggested a perceived outcome that may or may not have been true!
I strongly agree with Karen’s comments and feelings about Mr. McGraw. No, I will not refer to him as Dr. Anyone of anything. Unfortunately the name of his show misleads many of his viewers into believing he is giving professional advice. Yes, he was a licensed psychologist at one time, before he “retired” his license to avoid ethical sanctions. He should be asked to retire from his tv show by Queen Oprah and remain out of the public eye. Unfortunately this is not going to happen because his contract has just been renewed until 2016. Mr. McGraw is a disgrace to the mental health community and poor example of what therapy is and the REAL help that the right type of therapy (CBT MI Harm Reduction and many others) can bring to the people looking for help.