ATMS Journal Summer 2022 (Public Version) | Page 21

Pushing the Boundaries of the Code :

A Case Study

Dr Paul Strube | Endeavour College of Natural Health , Adelaide
Abstract
This paper asks : how flexible are the principles laid down in the various Codes of Ethical Practice in Complementary Medicine practice ? It uses a case study given to students at Endeavour College , and approaches the answer to that question from various perspectives . It concludes by suggesting that the Codes might have more flexibility than students think , and perhaps more than practitioners understand as well .
Introduction
Samantha is a natural health practitioner working in her own private practice from her home . Recently her near neighbour Margaret , a widow in her 60 ’ s , approached her and told her she was suffering from a diagnosed terminal illness , and asked Samantha to help her with treatment . Samantha had a longestablished friendship with Margaret and was very keen to help her , and so she agreed . Samantha would regularly go to Margaret ’ s house after hours and provide treatment , as well as help her with cooking and cleaning . As the weeks progressed , Margaret ’ s health deteriorated and she passed away quietly soon after . When this case study is presented to our students at Endeavour College , in the subject titled Law and Ethics in Complementary Medicine , we ask them to evaluate Samantha ’ s actions both ethically and legally . Almost without exception , they point to the various Codes of Ethics and the prohibitions against treating friends or family .
The question I am asking here is , how far do you think we can push the boundaries of a given Code and still believe we are acting ethically ? I am not considering if we are acting legally or not ; that is a question outside this paper ’ s purview . But , as professionals , how closely need we align our own ethical and moral beliefs and convictions with a Code that is meant to be general , if not universal in application ?
There are several ways to approach this question , and this paper will deal with three . The first will look briefly at the answer from the opposing viewpoints of two ethical theories , that of consequentialism and that of deontology , both considered here in their simplest forms . The second will look at it from the perspective of some major ethical principles that are often used to develop Codes of Ethics : beneficence , non-maleficence , and justice . And the third will address the role of intentions .
Ethical Theories approach
A deontologist might suggest , as did Kant , 1 that there are certain moral and ethical imperatives that are universal , arrived at by reason , and that must be upheld under all circumstances . In our case study , it is then the case that Samantha has acted unethically by not refusing to take a friend as a client , despite the fact that Margaret is suffering from a terminal illness and will eventually die anyway . There are no boundaries to push here , therefore no ethical dilemma to pause over .
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