Just to be absolutely clear - Dr. Pickar violated American Psychological Association guideline 9.01 which reads: "9.01 Bases for Assessments: (a) Psychologists base the opinions contained in their recommendations, reports and diagnostic or evaluative statements, including forensic testimony, on information and techniques sufficient to substantiate their findings." (See also Standard 2.04, Bases for Scientific and Professional Judgments.) Dr. Pickar's assertion that "serotonin is a drug ingredient only contained in small amounts in BuSpar" is insufficient to substantiate his findings, as it is factually incorrect. There is no scientific basis to assert that serotonin is a drug ingredient. Therefore Dr. Pickar has additionally violated APA standard "2.01 Boundaries of Competence (a) Psychologists provide services, teach and conduct research with populations and in areas only within the boundaries of their competence, based on their education, training, supervised experience, consultation, study or professional experience." APA standard 2.04 was also violated: "2.04 Bases for Scientific and Professional Judgments
Psychologists' work is based upon established scientific and professional knowledge of the discipline."
Dr. Pickar based his recommendations on speculation outside established scientific and professional knowledge. Dr. Pickar asserts that my need to portray myself as doing extremely well perhaps means I was hiding some underlying psychological problems.
"Inferences may constitute "substantial evidence," but they must be product of logic and reason; speculation or conjecture alone is not substantial evidence..."Substantial evidence" is evidence of ponderable legal significance, evidence that is reasonable, credible and of solid value; substantial evidence is not synonymous with any evidence, instead, it is substantial proof of essentials...Expert opinion testimony constitutes "substantial evidence" only if based on conclusions or assumptions supported by evidence in record; opinion testimony which is conjectural or speculative cannot rise to dignity of substantial evidence." "A theoretical possibility is not the equivalent of substantial evidence." Roddenberry v. Roddenberry, 44 Cal.App.4th 634 (2nd Dist. App. 4/16/1996) Dr. Pickar's speculative assertions of theoretical possibilities were insufficient to substantiate his findings, and his opinions were not based on scientifically valid information.
It would be possible to go into much more extensive detail concerning Dr. Pickar misquoting of my health care service providers Dr. Harry Simms and Robin Stuart MFT, but I consider such debate unnecessary in order for the BOP to determine Dr. Pickar clearly acted outside the scope of his profession, in violation of APA ethical guidelines 2.01, 2.04, and 9.01. In her sworn declaration previously submitted to you, Robin Stuart MFT states "Dr. Donald Apostle M.D. confirmed the finding of serotonin poisoning in his letter to the court, in which he states that Mr. B suffered a serotonin reaction after being given St. John's Wort by a family member. This same suspicions was voiced by Mr. B's doctor, Dr. Simms, to me directly." Information sufficient to substantiate Dr. Pickar's findings that "serotonin is a drug ingredient" is simply not available. A five second internet query produces the following: serotonin /serotonin/ (sero-tonin) a hormone and neurotransmitter... Dorland's Medical Dictionary for Health Consumers. 2007. One would assume that a "mental health professional" would be more careful about making assumptions based on scientific reasoning that was obviously not confirmed. When a chid's access to that parent is dependent upon Dr. Pickar's 'expert' opinion, professional due diligence requires a more rigorous examination of the science behind his assumption.
Dr. Pickar additionally violated APA ethical guideline 3.06 Conflict of Interest: "Psychologists refrain from taking on a professional role when personal, scientific, professional, legal, financial or other interests or relationships could reasonably be expected to (1) impair their objectivity, competence or effectiveness in performing their functions as psychologists or (2) expose the person or organization with whom the professional relationship exists to harm or exploitation." Dr. Pickar failed to disclose his business relationship with co-parenting counselors assigned to my cases, Robert Hart LCSW and Linda Eisnitz MFT when he asked me to sign a release of information to speak with both of them. Evidence of his professional relationship with these individuals is available at: Read about the Co-Parent Project ( PDF). A discussion of the inherent conflict of interest in this type of collaborative association is discussed at: http://www.thelizlibrary.org/therapeutic-jurisprudence/tj.pdf. An even more crucial conflict of interest inherent in Dr. Pickar's report is his professional relationship with opposing counse read more