Informed Consent in Neuropsychosocialpharmacology
by Abilash Gopal, Darlyn Pirakitikulr, and Harold J.Bursztajn, M.D.
Psychiatric Times, November 2005:59
As medications continue to improve and specialized medications proliferate,
it consent and privacy, it is essential that patients be guaranteed
both informed consent and privacy, especially in time-pressured managed
care environments (Bursztajn and Brodsky,
1999). The physicians must spend time educating the patient to
be a partner in decision making. Informed consent and privacy, stead
of becoming less important, are all the more important for the patient
to give an adequate history so that medication can be effectively
prescribed. Informed consent is a process with clinical, ethical,
legal and risk-management dimensions (American Medical
Association, 2004; Gutheil and Appelbaum,
2000). True informed consent depends on the patient having the
privacy conducive to bringing up all considerations relevant to reducing
and managing clinical uncertainty.
Both therapeutic nihilism, which exaggerates the uncertainty attendant
to decision making, and therapeutic overconfidence, which denies
the uncertainty, need to be avoided. Both patient and doctor, overlooking
biopsychosocial interaction, can fall prey to the notion that there
are single causes responsible for pathologies and that these pathologies
can be corrected with the right treatment (Bursztajn
et al., 1990). The idea that neuropsychopharmacology can guarantee
results or provide a quick fix needs, more than ever, to be addressed,
without succumbing to fatalism that rationalizes bad clinical habits.
Neuropsychopharmacology is not some new phrenology. Rather, there are
a variety of biopsychosocial explanations for the myriad factors
associated with any given pathology. In effect, when patient and
doctor are empowered by an informed consent process, the therapeutic
alliance that emerges results in what we can call neuropsychosocial-pharmacology.
In this more realistic conception of psychopharmacology, both biological
and psychosocial factors matter. Depth of understanding and prudent
prescribing are critical standards for the profession. Absolute certainty
about either the etiology or treatment of suffering is disavowed
from the outset in psychopharmacological decision making. The same
is true for therapeutic nihilism, whereby the patient is abandoned
once the prescription is written. Instead, relevant information is
gathered with the recognition that there may be no perfect solution
to the problem at hand. Psychopharmacology practice is a dynamic
and collaborative decision process that requires communication, planning,
education, observation, feedback and adjustment (Bursztajn
et al., 1990). This approach removes the physician from the role
of either an omnipotent, all-knowing technician or a careless drug-dispenser
and prepares patients to enter into a collaboration with their physician.
The real clinical opportunity afforded by informed consent is transforming
the uncertainty that is part of the complexity of decision making
into the doctor-patient alliance (Gutheil
et al., 1984). For the doctor, informed consent need not be a
formality. It can be a process that illuminates the path to proper
healing. For the patient, informed consent is an opportunity to feel
empowered as a participant in one's own treatment
Unfortunately, however, informed consent is sometimes looked upon as
merely a legal mandate: a momentary nuisance. Instead, patients need
to be aware of the danger of not taking psychoactive drugs as directed,
and they need to be sufficiently educated to allow for informed self-observation
and communication of symptoms, responses and side effects. Finally,
they need to be empowered to work with their psychiatrists to develop
a treatment program that will meet objectives and is compatible with
the patient's attitudes and lifestyle. Thus, in order to satisfy
the three legally stipulated components of informed consent-information,
voluntariness and competence-patient and doctor can build an ongoing
therapeutic alliance. Assured of the clinician's involvement and
support, the patient is more likely to carry out the treatment plan
and less likely to retaliate (Bursztajn
and Brodsky, 1998). With this model of informed consent, then,
the dual objectives of good patient care and protection from litigation
can be accomplished together.
Special Considerations
Psychodynamically informed prescribing of psychoactive substances distinguishes
psychopharmacology from mere pill-dispensing. This means understanding
the patient's suffering in terms of both their disease and their
individual character (Freud, 1916; Shader,
2003). It is crucial that such informed prescribing be accompanied
with sufficient patient and family education to optimize the benefit/risk
ratio of the precribed substance. Moreover, the prescribing of psychoactive
medications brings many challenges to the informed consent process.
Issues of vulnerable populations and special classes of drugs both
contribute to the complexity of informed consent.
People who use alcohol or other drugs as a means of coping constitute
an important class of vulnerable populations. Using patients who
consume excessive alcohol as an example, obtaining informed consent
from such patients is complicated both by the acute and chronic effects
of alcohol on their judgment and by dysfunctional coping patterns
such as denial. Patients who are sober during examination may consent
to the administration of psychoactive substances. Nonetheless, particularly
because of their susceptibility to relapse, these patients need to
be meaningfully educated as to the negative side effects these drugs
may have when consumed with alcohol. In addition, newly sober alcoholics
may suffer from transiently impaired judgment as a side effect of
detoxification. This problem may greatly affect a physician's ability
to obtain meaningful informed consent
To address this problem, it helps to begin with a clinical assessment
of executive functions and memory. This can be done in conjunction
with the informed consent process by asking patients, once informed,
to review their understanding of the risks and benefits of the medication
they are taking. Doing so again during follow-up visits is helpful
as well.
At the same time, care must be taken to avoid using stereotypes (e.g.,
the drug-seeking addict) to make treatment decisions. We can probe
deeper to understand exactly what drug use means to patients. This
will engender a trusting doctor-patient relationship and allow patients
to find the personal strength to work through their vulnerabilities
in a healthy way. Considering dual or multiple diagnoses can help
to further individualize treatment (Berk et al.,
2004). By establishing an open line of communication and exploring
multiple meanings and diagnoses as tools for deepening our understanding
of the patient's suffering, we can collaborate with our patients
in arriving at a number of satisfactory treatment choices (Bursztajn
and Brodsky, 1998).
Patients with personality disorders form another vulnerable population.
These patients sometimes present themselves as victims of family,
parents, the law and previous physicians (Bursztajn
et al., 1991). In particular, individuals with the classical
antisocial personality may misrepresent themselves in order to satisfy
ulterior motives, such as avoiding prison or continuing criminal
activities from a hospital setting. Physicians need to be particularly
wary when dealing with these patients to avoid the misadministration
of psychoactive drugs. Corroborative information obtained tactfully
from patients' families can be especially helpful to evaluate this
possibility. Observation in group psychotherapy can likewise be helpful,
while allowing for close observation of social dynamics.
Individuals with borderline personality traits can present a special
challenge to obtaining informed consent, as it may be difficult to
ascertain their state of mind. Moreover, these individuals often
demonstrate impulsivity and affect instability. Thus, not only is
the initial process of informed consent difficult when working with
these patients, but it is also a challenge to make sure that a treatment
program involving psychoactive medication is properly followed. Here,
part of the informed consent process can be to share the knowledge
that some patients can sometimes feel so desperate that they can
be their own worst enemies: “How can we help you not become
your own worst enemy when taking medication, as you've often done
so in other areas of your life?” Promising too much in the
course of informed consent sets the stage for later disillusionment
and abandonment, whereas committing oneself too little feeds the
patient's hopelessness and despair.
Other vulnerable populations include neurocognitively impaired or demented
patients and some elderly patients (Bursztajn
et al., 1991). Neurocognitively impaired patients suffer from
brain dysfunction, which can impair cognitive capacities, such as
judgment, orientation and memory, and amplify adverse effects. These
conditions may make it necessary to obtain informed consent from
a legal guardian. A similar situation exists with certain elderly
patients. However, it is important to make a clinical determination
of competency, particularly since not all elderly patients are actually
incompetent. Here again, family and social supports can play a helpful
part in making the informed consent process meaningful and effective
(Bursztajn et al., 1991).
The prescription of drugs that, although helpful for anxiety or pain
relief, are potentially abused underscores the danger of a superficially
conducted informed consent process (Bursztajn
and Brodsky, 1998). Patient ignorance of the pros and cons of
any medication compromises treatment efficacy and places the responsibility
for the outcome solely on the physician. By contrast, physicians
who engage patients in a dialogue about the risks associated with
such drugs can allow patients to share in the uncertainty of clinical
situations. The patient will then share the responsibility for making
wise decisions (Bursztajn and Brodsky, 1998).
Therapeutic Discretion
Not all side effects of a medication affecting complex systems can be
known. Recent reports, such as the controversial link between some
classes of antidepressants and suicidality (Lapierre,
2003), indicate the need for a dynamic conception of informed
consent and for continuing physician and patient education.
Rather than mention every imaginable possibility, it is more helpful
to tactfully inform patients who are beginning new medications that
some risks become apparent only with widespread or long-term uses.
Moreover, risks and benefits are dynamic and may change as the patient
changes. It is a common misperception that physicians rely on one
authority, such as the PDR, for prescribing drugs. The PDR is
simply a list of reported side effects and cannot capture the particular
vulnerabilities of any individual patient. Moreover, to inundate
patients with an exhaustive list of all possible side effects may
merely result in making them anxious and aversive. Instead, the physician
must seek a balance between the extremes of patient ignorance and
hypersensitivity due to information overload.
Physicians need to use their judgment as to how much information will
help their patients and how much will simply make them over-anxious.
Whereas patients should have access to all information about possible
side effects, only those side effects that are relevant for a particular
patient should be emphasized. This discretion will allow the informed
consent process to advance a patient's treatment. At the same time,
it will alert the patient to bring to the physician's attention any
unfamiliar effect that may emerge, rather than communicate to the
physician only those side effects that have already been discussed.
Future Challenges
As medicine evolves over time, there will be new challenges to the informed
consent process. At present, we are witnessing many changes in the
accessibility of medical information to patients. One such change
is the advent of widespread direct-to-consumer advertising. In addition,
the Internet is a vast resource for patients to research treatment
options. Thus, patients will be exposed to a great amount of information
from different media sources. In the future, informed consent will
likely involve asking patients what they have learned about medications
from other sources.
The sexual side effects of newer drugs pose another challenge to informed
consent. It is not enough simply to assume that because patients
do not complain of sexual side effects they do not suffer from these
effects. Fear, guilt and shame are powerful influences. In addition,
medications that treat sexual side effects of psychotropics, as well
as those that may sexually disinhibit patients (e.g., bupropion [Wellbutrin]),
suggest the need for psychopharmacologists to be psychodynamically
informed. A supportive, psychodynamically informed approach can be
especially helpful for putting patients at ease. Patients can then
explore potentially conflicting sexual side effects such as libido
inhibition and disinhibition.
Another layer to this issue is the set of rules governing doctor-patient
confidentiality as dictated by the Health Insurance Portability and
Accountability Act (HIPAA). The new HIPAA
requirements may themselves need to be addressed in order for patients
to feel comfortable enough to freely discuss the most intimate of
side effects. It has been recognized by both federal and state supreme
courts that the success of psychotherapy depends on the belief that
the relationship between doctor and patient is private (Althaus
v Cohen, 2000; Jaffee
v Redmond, 1996). Indeed, confidentiality
in communications between a patient and doctor is the foundation
on which effective psychotherapy can be carried out. It is only in
such an atmosphere that patients can feel comfortable divulging the
details of their condition so healing can begin. Such confidentiality
is as essential to the practice of psychopharmacology as it is to
the practice of psychodynamically informed psychotherapy.
Nonetheless, in 2002, in the guise of increasing the efficiency of health
care delivery, the secretary of the U.S. Department of Health and
Human Services published amended regulations to the HIPAA Act of
1996. The Standards for Privacy of Individually Identifiable Health
Information (2002) eliminated the requirement that an entity covered
by the regulations obtain patient consent for the use or disclosure
of a patient's health information. Such entities include third parties
such as insurers and HMOs.
In effect, the amended regulations eliminate the expectation of patient-doctor
confidentiality. Together with the time pressures of clinical practice,
this can contribute to an atmosphere of doubt, anxiety and distrust
between the patient and doctor, which is a huge impediment to effective
and safe treatment. When patients are not comfortable disclosing
all the details of their condition to the doctor, the physician may
be unable to make an accurate diagnosis. This is particularly dangerous
when the administration of psychoactive substances serves as part
of the treatment regimen. In order for these drug to
be effective, a physician must have access to all the details of a patient's
condition. In view of the double stigma of genetically inherited
illness and mental illness, protecting patient privacy by obtaining
informed consent will be essential for both valid research and the
recognition and utilization of the efficacy of newly developed psychotropic
medications (Bursztajn et al., 2003).
The amended Standards (2002) raise serious questions as to whether conditions
for such trust can continue to exist. When patients are aware that
their health information may be disclosed to third parties without
their consent, they are likely to become more anxious-consciously
or unconsciously-about sharing the details of their illness. The
physician is then forced to act on incomplete information-a particularly
hazardous situation when potentially powerful psychoactive drugs
are involved.
Conclusion
Informed consent processes allow patients and doctors to shoulder the
burden of uncertainty together. Thus, when properly conducted, these
procedures can be the cornerstone of a healthy doctor-patient alliance.
In addition to protecting against litigation, they can illuminate
the path toward effective treatment. Psychiatrists who understand
and value the informed consent process instead of treating it merely
as a legal mandate will find themselves empowered to develop deeper
therapeutic alliances with their patients.
Finally, physicians must take care to adapt to the new challenges to
informed consent that continually arise. In the face of all these
factors, it is our responsibility as clinicians to uphold the informed
consent process. Psychiatrists in particular, as physicians with
training and expertise in a comprehensive, multidimensional yet integrated
approach to human suffering are well-positioned to practice and teach
this process, even when practicing neuropsychopharmacology. In so
doing, we can create lasting doctor-patient alliances that make meaningful
treatment possible, thus practicing neuropsychosocialpharmacology.
Mr. Gopal is a student at Tufts University School of Medicine.
Ms. Pirakitikulr is a premedical graduate of Princeton University.
Dr. Bursztajn is co-director of the program in psychiatry and the law
at Harvard Medical School.
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