R. Christopher Barden, Ph.D., J.D., LP
Western Offices
1093 East Duffer Lane
North Salt Lake, Utah 84054
National Voice Mail 888-947-6281; E-FAX (253) 663-6418
E-mail: rcbarden@aol.com
Attorney at Law (Minnesota)
Licensed Psychologist (Minnesota and Texas)
Litigation, Science and Legislation Consultant
BIOGRAPHICAL WORK SUMMARY
R. Christopher Barden, Ph.D., J.D., LP, is a psychologist, attorney, speaker, writer and national science-litigation-legislation consultant. He has received several national research awards and national fellowship awards in psychology as well as awards, scholarships and grants in law. He has also published in the leading journals in child psychology, social psychology, clinical psychology, psychiatry, and law. He has also helped draft and enact successful national health care legislation. Dr. Barden has also helped obtain world record jury verdicts and a world record settlement in complex health care-science litigation. Dr. Barden has been interviewed regarding complex science and legal issues by U.S. Congressional Quarterly, CBS 60 Minutes, ABC NIGHTLINE, the CBS Evening News, TIME Magazine, Newsweek Magazine, U.S. NEWS & WORLD REPORT Magazine, INSIGHT Magazine, THE NEW YORKER, the L.A. Times, the New York Times, the Chicago Tribune, the London BBC, U.S. National Public Radio, ABC NEWS 20/20, National German Television, National Finnish Television, 60 Minutes Australia, Canadian Public Radio, PBS FRONTLINE and many other media sources.
Dr. Barden has held university faculty positions in a highly ranked graduate science department, a highly ranked medical school and a highly ranked law school. He has been invited offer national training addresses to the American Psychological Association, the American Psychiatric Association, the American Bar Association, the U.S. Surgeon General's Conference, the International Association of Plastic and Reconstructive Surgeons and many other groups. Dr. Barden has also testified in courtrooms as an expert witness on psychological, scientific and/or legal issues in many states and has served in governmental positions including: consultant to the F.B.I., member of a State Higher Education Coordinating Board, member of a State Licensing Board of Psychology, and a State Special Assistant Attorney General.
Dr. Barden received his training in psychology from the University of Minnesota, the University of California at Berkeley, and the U.S. Veterans Administration/Stanford University Medical Center. As a result of his research and publishing efforts in the field of psychology, Dr. Barden received several Fellowships from the National Institute of Mental Health and was awarded a national Young Scholar Award from the Foundation for Child Development and a national Faculty Scholar Award from the W. T. Grant Foundation.
After years of psychological research, teaching and clinical work, Dr. Barden turned his attention to legislative, social and public service issues. As the psychologist for the Craniofacial Surgical Teams of the University of Utah School of Medicine and the Humana International Craniofacial Institute, Dr. Barden studied the ways children and adults cope with highly stressful and traumatic situations. Intrigued by the legislative and public policy issues such patients presented, Dr. Barden attended Harvard Law School (J.D., cum laude). With colleagues in law, medicine and public policy, Dr. Barden drafted the Emergency Medical System for Children Act -- model legislation mandating improvements in the emergency medical system for children. This work was published in the Harvard Journal on Legislation. Some version of this legislation has been adopted in more than 20 states.
Dr. Barden has published in, and/or served as an editor or reviewer for, several of the most highly regarded journals and texts in a number of professional fields including Developmental Psychology, Child Development, Psychological Bulletin, Ambulatory Pediatrics, Advances in Child Clinical Psychology, the Journal of Personality and Social Psychology, the Journal of the American Academy of Psychiatry and the Law, the Journal of Plastic and Reconstructive Surgery, the Harvard Journal of Law and Public Policy, and the Harvard Journal on Legislation.
Following successful efforts to reform the Emergency Medical System for Children, Dr. Barden began systematic efforts to reform the mental health system. Using a five prong approach of education, regulation, litigation, legislation and prosecution Dr. Barden focused on eliminating dangerous, pseudoscientific notions such as "recovered memory therapy", "multiple personality disorder" and coercive "holding therapies". Thanks to the collaborative, multidisciplinary efforts of scientists, concerned families, mental health practitioners and attorneys, after ten years of successful lawsuits, legislative hearings, prosecutions and licensing actions these dangerous, junkscience methods and procedures have been greatly reduced or eradicated across the United States.
Currently Dr. Barden is also working on the development of Optimal Performance Systems™, a performance enhancement program Dr. Barden developed working with Harvard Law students, Harvard College students, NBA All-stars, Olympic athletes, surgeons, attorneys, military pilots and business leaders.
EDUCATION AND AWARDS
B.A. University of Minnesota 1976.
Summa Cum Laude / (4.0 G.P.A. of 4.0 possible)
Phi Beta Kappa
Distinguished Graduating Senior Award, 1976
University of California, Berkeley, Graduate School, 1976-77.
National Institute of Mental Health Graduate Fellowship, 1976-77.
National Institute of Mental Health Graduate Fellowship, 1977-78.
MN Governor's Internship Award, Stillwater Prison Psych. Unit, 1978
National Science Foundation Graduate Stipend, 1978-79
Eva O. Miller Social Science Fellowship Award, U. of MN, 1979-80.
Palo Alto V. A. Medical Center/Stanford Univ. Medical Center 1979-80
Ph.D. University of Minnesota, Child and Adult Clinical Psychology - 1982
Foundation for Child Development National Award for Young Scholars in Social and Affective Development, 1982 - 1983.
L.P. Licensed Psychologist Texas (1984) #2624
L.P. Licensed Psychologist Minnesota (1988) #1460
National W. T. Grant Foundation Faculty Scholar Award for Research in Mental Health, Stress and Coping 1987.
J.D. cum laude Harvard Law School - 1992
Law and Psychology Intern, Program for Law and Psychiatry, Harvard Medical School Harvard Law School, Massachusetts Mental Health Center
J.D. Attorney at Law State of Minnesota - 1992 #0227316
Certified Mediator - State of Minnesota - 1994
Currently
or previously listed in:
Who's Who in Science and Engineering
Who's Who in the World
Who's Who in America
Who's Who in Medicine and Healthcare
Who's Who in American Law
Who's Who Among Human Services Professionals
Who's Who in American Education
Outstanding Young Men of America
Wisdom Award of Honor
Wisdom Hall of Fame, Fellow Award
CURRENT OR
PREVIOUS SCIENTIFIC AND PROFESSIONAL PEER REVIEW EDITORIAL POSITIONS:
Consulting Editorial Board
APA Journal Developmental Psychology
Editorial Consultant/Reviewer
SRCD Journal : Child Development
APA Journal : Psychological Bulletin
APA Journal : Developmental Psychology
APA Journal : Journal of Personality and Social Psychology
Harvard
Law School Journal : Harvard Journal of Law and Public Policy
Harvard
Law School Journal : Harvard Journal on Legislation
Encyclopedia
of Mental Health
AAPL
Journal : Journal of the American Academy of Psychiatry and the Law
PREVIOUS
AND/OR CURRENT MEMBERSHIPS IN SCIENTIFIC
AND
PROFESSIONAL ORGANIZATIONS
American Psychological Society
Society for Research in Child Development
American Psychological Association
New York Academy of Sciences
Harvard Law School Society for Law and Medicine
Harvard Law School Committee on Sports & Entertainment Law
American Bar Association
Hennepin County Bar Association
Diplomate, National Institute of Sports, Certified Sports Psychologist
NATIONAL BOARD OF LEGAL ADVISORS – U.S. Quackwatch
Utah Association of Scholars
COUNCIL FOR SCIENTIFIC MENTAL HEALTH PRACTICE (2002-2004) - The Council for Scientific Mental Health practice is a group of distinguished researchers, academics, and practitioners from diverse disciplines who are deeply concerned about the increasing proliferation of unvalidated and scientifically questionable therapeutic and assessment techniques in mental health.
ADVISORY
BOARD, The Center for the Advancement of Leadership Training,
Utah Valley State College, Provo, Utah.
ADVISORY
BOARD/TRUSTEE – Character and Morality in Entertainment, Inc. (CAMIE Awards) www.camie.org : Advisory and Trustee Boards: Sean Hannity, Dr. Laura Schlessinger,
Michael Medved, Alan Osmond, Father John Bonnici, The Most Reverend Thomas G.
Doran, Dr. Muzzammil H. Siddiqi, Marianne M. Jennings, Edmund J. Back, Dr.
Freda McKissick Bush, Shepherd Smith, Dr. Rodger Dean Duncan, Congressman Chris
Cannon, Pat Funderbruk Ware, Megan Baer, Xue Lian Duan, Susan Carlson, and
Rabbi Daniel Lapin, Deborah L. Checketts, Janet Lee Chamberlain, Richard D.
Bradford, Dr. R. Christopher Barden, Craig F. McCullough, Levor Oldham, Dr.
Richard Parkinson, and Dr. Glen C. Griffin.
MEMBER, COMMISSION FOR SCIENTIFIC MEDICINE AND MENTAL HEALTH (2004-present) - The Commission for Scientific Medicine and Mental Health is an international group of distinguished researchers, academics, and practitioners from widely diverse disciplines -- including medicine, psychiatry, psychology, pathology, biochemistry, nutrition, and physics -- who are dedicated to maintaining high standards of scientific quality in the health care system. Members include a number of the most prominent scientists in the world (e.g., several recipients of the Nobel Prize).
ADVISORY BOARD, C. Charles Jackson Foundation, with Dr. Bruce H. Jackson, U.S. Congressman Jim Ramstad, Mark Williams, former U.S. Senator Dave Durenberger, Dr. Joe Kiser, John Mooty, George Pillsbury, Dr. Lach Reed, Wheelock Whitney.
Harvard Alumni Association of Utah
EXPERIENCE as a RESEARCH/CLINICAL psychologist AND EXPERT
WITNESS:
Methodological analysis e.g., Consulting Editorial Board member for the A.P.A. journal, Developmental Psychology , reviewer consultant for many peer reviewed journals, consultant for research organizations, analysis for media organizations, etc. Invited speaker at Harvard, Yale, Columbia, U.S.C., S.M.U., the University of Minnesota, the University of Georgia, the University of Iowa, the University of Washington and other institutions. Recipient of two national research awards in psychology.
Teaching former Coordinator of a highly ranked, APA approved, Child Clinical Psychology Ph.D. Training Program, instructor of undergraduate, graduate and advanced graduate seminar classes in Psychotherapy, Research Methods, Personality Development, Abnormal Psychology, Child Development, Testing and Assessment, and Law and Psychology. Instructor in professional training seminars for psychologists, social workers, psychiatrists, and attorneys throughout the U.S.
Diagnostic analysis: with adults, children and adolescents
Psychotherapy: with adults, children, adolescents, groups and families.
Forensic work:
This includes including expert psychological testimony before courts, state legislatures and professional ethics committees. Drafting Amicus briefs related to the proper use of psychology in the legal system. Providing training lectures and preparation of training materials to State/Regional Criminal Investigators Associations, State Bar Associations, University Law Schools and other organizations.
EXPERT WITNESS/CONSULTANT FOR PROSECUTION AND DEFENSE TEAMS:
Dr. Barden has testified as a psychologist expert witness or served as a consultant --for the prosecution or defense -- in many criminal cases in a number of states. Dr. Barden served as an expert witness for the Jefferson County, Colorado District Attorneys Office in the nationally reported, first-of-its-kind, landmark criminal prosecution of improper "psychotherapy" -- the use of dangerous, experimental "therapies" on a psychotherapy patient without informed consent. This trial resulting in convictions and substantial (16 yr) prison sentences for the two defendant "psychotherapists".
Media reports on this case ran in major newspapers and on T.V., radio, internet news, and other media sources in the U.S. and throughout the world. Such cases improve public awareness of the dangers of pseudoscientific "psychotherapy" and have led to significant improvements in the U.S. mental health system.
See, Rouse, Karen. Rebirthing verdict may curb restraint therapy. Denver Post, April 22, 2001
See, Lowe, Peggy. Ethics specialist blasts 'rebirthing'. Rocky Mountain News, April 13, 2001.
"It's easily the most reckless and abusive treatment of a child I've ever seen," said Christopher Barden, a psychologist and lawyer who specializes in psychotherapy abuse cases. Barden testified for Jefferson County prosecutors in their criminal case against Evergreen therapists Connell Watkins and Julie Ponder. The pair are charged in connection with the April 18 rebirthing session that killed Candace Newmaker, a 10-year-old adopted girl from North Carolina."
See, Janofsky, M. Girl's Death Brings Ban on Kind of 'Therapy'. New York Times. April 18, 2001
See, ABC NEWS 20/20, “Little Girl Lost: 10 Yr Old Dies From Controversial Rebirthing Therapy, Barbara Walters, Deborah Roberts, June 15, 2001.
ABC Transcripts: DR. CHRISTOPHER BARDEN (on camera): “This is not therapy. This is child abuse.”
ROBERTS: (Voiceover) Psychologist/attorney Christopher Barden, who testified for the prosecution at Watkin's trial, is one of many experts who describe her brand of therapy as junk science.
DR. BARDEN: I have not seen any credible scientific
evidence that screaming in a child's face, or insulting children, or calling them names, or suffocating children is a form of ”therapy”.
Dr. Barden has served as a witness for the defense in a number of cases in various jurisdictions.
See, Walch, Tad , Evidence against
parents disputed: Defense witness blasts social worker's interview with boy,
Deseret Morning News, Utah
Saturday, February 7, 2004. See,
deseretnews.com
“However, defense attorneys want 4th District Judge Anthony
Schofield to declare the tape inadmissable at trial. Their witness, R.
Christopher Barden, accused interviewer Annes of lying to the boy several
times. The psychologist also said Annes used questions that were leading and
inappropriate.
"I find a number of standard questions,
I find a number of moderately severe mistakes and some that were extremely
severe," said psychologist Barden, who also has a law degree from Harvard.
Dr. Barden has also
served as a consultant for Federal and State prosecutors in various
jurisdictions including but not limited to the Snohomish County Prosecutors Office, Everett ,WA. ; F.B.I. (Texas, 1998-1999); U.S. Attorney General’s Office (Texas,
1998-1999); Court Appointed
Expert, District Attorney’s Office, St. Croix County, Wisconsin).
Dr. Barden has also served as a Special Assistant Attorney
General in the State of Utah (by appointment of the Attorney General
(2004-2005).
Dr. Barden has also served as member of the Minnesota State
Board of Psychology (by appointment of the Governor, 1993-1997).
EXPERIENCE as aN ATTORNEY :
CIVIL LAW: PROFESSIONAL MALPRACTICE: JURY VERDICTS:
In 1995, Dr. Barden's legal clients were awarded what was reportedly, at that time, the largest jury award in U.S. history for claims of psychotherapy malpractice (recovered memory therapy) resulting in emotional injury.
See, Gustafson, Paul. Jury awards patient $2.6 million: Verdict finds therapist Humenansky liable in repressed memory trial Minneapolis St. Paul Tribune, 1995 WL 3673222, August 1, 1995.
See also, Associated Press, Doctor Loses False-memory Suit, Chicago Tribune, Wed. Aug. 2, 1995, Sec. 1, pg. 12
"I think the effect is a stunning warning to therapists... and to insurance companies that they had better start obeying the informed consent laws and stop using experimental treatments like recovered memory treatments on patients…," attorney R. Christopher Barden said. "This is a huge warning shot to them."
See also, Repressed Memory, U.S.A. Today, Pg. A1, Col 1, Aug. 1, 1995.
See also, Associated Press, False-Memory Patient Wins Suit, The Globe and Mail (Canada), Aug. 2, 1995.
In 1996, Dr. Barden's legal clients were awarded what was apparently at that time the second largest jury award in U.S. history for claims of psychotherapy malpractice resulting in emotional injury.
These cases were widely reported in newspapers, on T.V. and radio throughout the U.S. and other countries. Due to the plaintiffs' courage in resisting confidentiality restrictions, it has often been reported that these cases were instrumental in reforming the U.S. mental health system.
See, Gustafson, Paul. Jury awards $2.5 million in lawsuit against psychiatrist: 'Memories' were induced. Minneapolis Star-Tribune, 1996 WL 6898881, January 25, 1996, 1B
See also, Guthrey, M. and Kaplan, T., 2nd Patient Wins Against Psychiatrist: Accusation of planting memories brings multi-million dollar verdict. St. Paul Pioneer Press, Jan. 25, 1996, 4B.
"This verdict establishes again for the rest of the country that this practice [repressed memory therapy] has got to stop. People do not repress memories of traumatic events, They remember them all too well. To have an entire treatment method based on junk science is inappropriate," said R. Christopher Barden, attorney for former patient Elizabeth Carlson.
See, Acocella, J. The Politics of Hysteria, The New Yorker, April 6, 1998, pg. 64-79.
"In 1995, Christopher Barden who is Carlson's attorney (and also a psychologist), began circulating to the federal and state legislatures a proposal for a new law, the Truth and Responsibility in Mental Health Practices Act, which would read (in part) as follows: 'No tax or tax exempt monies may be used for any form of health care treatment, including any form of psychotherapy, that has not been proven safe and effective by rigorous, valid and reliable scientific investigations and accepted as safe and effective by a substantial majority of the relevant scientific community." Barden told me, "If these people want to set up booths outside astrology stores, that's fine. But there is no reason a hard working farmer in Kansas should send his tax dollars to Washington to pay for junkscience treatments."
See also, articles in USA today and in dozens of newspapers across the U.S. via the Associated Press Newswire.
CIVIL LAW: PROFESSIONAL MALPRACTICE: SETTLEMENTS:
Since 1995, Dr. Barden has participated in the settlement of dozens of psychotherapy malpractice cases in the United States.
In 1997, Dr. Barden's legal clients received what is apparently the largest settlement in history in a psychotherapy negligence case ($10.6 Million). Reported over the Associated Press Newswire this story ran in major newspapers and on T.V., radio, internet news, and other media sources in the U.S. and throughout the world. Due to the plaintiffs' courage in resisting confidentiality restrictions, it has often been reported that this settlement was instrumental in generating significant public awareness of the dangers of "recovered memory therapy" with resulting reforms and significant improvements in the U.S. mental health system.
See, Belluck, P. Memory Therapy Leads to a Lawsuit and Big Settlement [$10.6
Million], The New York Times, Page 1,
Column 1, Nov. 6, 1997.
''The next thing I think there will be is legislation to require informed consent from psychiatric patients for such [recovered memory] 'treatments','' said Dr. R. Christopher Barden, a psychologist and lawyer [for the plaintiff]... ''I think insurance companies will stop reimbursing people for mental health treatments that are not proven safe and effective. This is the death knell for recovered memory therapy.''
See, Belluck, P. She Recovered Memories, Then Millions in Damages, The New York Times, Nov 9, 1997, Sec. 4, Week in Review, page 2, Column 3.
See, United Press International, Woman wins $10 M in false memory suit, Chicago, Ill. November 4, 1997
See, Chicago Daily Herald, November 4, 1997 , Woman Settles for $10.6 Million with Her Former Psychiatrist and Chicago Hospital over Allegations she had been Brainwashed to Believe she was a Satanic High Priestess
"The settlement is apparently the largest in the world for a case involving recovered-memory therapy, said R. Christopher Barden, a psychologist and attorney who has been involved in about 20 similar cases across the nation and who represented Burgus. 'Psychologists have known for 100 years that false memories can be implanted using hypnosis,' Barden said. "
See, NBC DATELINE did a full hour story on this case, 1998.
See, Hanson, Cynthia, Dangerous Therapy, Chicago Magazine, June, 1998.
"The [$10.6 Million] Burgus settlement is said to be the largest sum ever awarded in a psychiatric malpractice suit. But the case itself is not particularly unusual..... Since 1993, more than 100 patients nationwide have sued therapists over treatment for MPD, which was diagnosed in explosive numbers throughout the eighties. "In many of these cases, we see a situation in which the poor training and instability of the therapist, coupled with the vulnerability of the patient, creates a situation fraught with the potential for a "folie a deux" -- that is, a delusion shared by therapist and patient, says R. Christopher Barden, a lawyer and psychologist on the Burgus legal team.... In January, citing "business reasons," Rush North Shore Medical Center in Skokie shut down Braun's ten-bed dissociative disorders unit."
See, Giordana, Kevin, False memory syndrome:
As women bring lawsuits, therapists are having to pay for their mistakes, Dec. 22, 1999, www.Salon.com magazine.
“Christopher Barden, a Minnesota attorney-psychologist and another of Jenks' attorneys [Idaho case], has made a career of successfully suing therapists in MPD [recovered memory] cases. Barden participated in one of the largest settlements in history in a psychotherapy negligence case when one of his clients, Patricia Burgus, received a $10.6 million settlement in November 1997.”
See, AP News Wire story, Friday Oct. 8, 1999. (newspapers across the U.S.) Psychiatrist loses license over satanic allegations. Chicago (AP) -
"The license of a psychiatrist [Dr. Bennett Braun] was suspended over allegations he used drugs and hypnosis to convince a patient she killed scores of people in satanic rituals.... Once considered a leading expert in the treatment of multiple personality disorder, Braun will not be allowed to treat anyone with the disorder during the seven year period."
Dozens of other settlements against "recovered memory therapists" have been obtained by Dr. Barden's legal clients in many states.
In January of 2001, Dr. Barden's legal clients were awarded what was apparently at that time one of the four largest jury awards in U.S. history for claims of psychotherapy malpractice resulting in emotional injury.
See, Duran, Sarah. Man wins therapy lawsuit and $2.1 Million, Tacoma Washington, The News Tribune, January 13, 2001.
See, Associated Press. Man wins suit against doctor: Renegade psychiatrist's penalty $2.1 million, Tacoma Washington, The Seattle Times, January 14, 2001, B3.
See, Holt, J., Weird Science: Psychotherapy negligence cases gain credibility, TRIAL - Journal of the Association of Trial Lawyers of America , May 2001, pg. 88.
"A jury in Tacoma, Washington, returned one of the largest verdicts in history for psychotherapy negligence -- a result some plaintiff attorneys cite as evidence that cases that once seemed hopeless may now be winnable... R. Christopher Barden of North Salt Lake City, Utah, one of the Drummonds attorneys and a licensed psychologist, said... many forms of psychotherapy are not supported by credible evidence... and plaintiff's attorneys are increasingly willing to challenge these therapies...Barden said that [these cases] require a multidisciplinary approach. Since most cases involve complex hearings on the admissibility of scientific evidence, plaintiff's attorneys should use "science-intensive litigation", including an expert psychologist or psychiatrist as part of the legal team from the start, 'to ensure that the complexities of mental health litigation are properly addressed.'"
See, Rovella, David E. , Malpractice suit nets $2.1 million in mental health case, The National Law Journal, February 22, 2001.
"Last month, a Pierce County, Wash., jury awarded Stephen Drummond and his parents $2.1 million.... Dudley's case is an extreme example of what one plaintiffs' expert calls the brave new world of mental health malpractice litigation. R. Christopher Barden, a North Salt Lake, Utah, psychologist and attorney.... has spent the past several years consulting on similar cases.... Barden claims that plaintiffs' attorneys, with the help of medical experts, are fast filling the breach of what he calls a "seriously under-regulated" mental health system -- one that would allow an individual such as [psychiatrist] Dudley to operate unchecked.... Barden, a proponent of "science-intensive" litigation in the mental health field, says that similar malpractice cases are starting to attract the attention of traditional malpractice litigators. Although he has spent the bulk of his consulting work combatting "junk science" in recovered-memory cases, he says, lawyers who were once afraid of the complexities of mental health malpractice cases are starting to rely on the growing "psychotherapy negligence bar" to help bring these suits."
“This [litigation against RMT] is a boon to the entire field of psychiatric care.” Prof. Harold Lief, M.D., is emeritus professor of psychiatry at the University of Pennsylvania Medical School. See, Lief, H. , Patients Versus Therapists: Legal Actions Over Recovered Memory Therapy, Psychiatric Times, November 1999 Vol. XVI Issue 11.
As claims of “recovered memories” surface from time to time, we will continue to expose the junk science methods and iatrogenic effects of this quackery.
See, Peggy Fletcher Stack , Rebel Mormon's memoir ignites a furor: Author Martha Nibley Beck claims her father, a respected LDS intellectual, abused her, Salt Lake Tribune , Page A1.
“The family has hired R. Christopher Barden, a psychologist and lawyer who has testified in court cases on False Memory Syndrome. He has compiled affidavits from all the Nibley siblings, some in-laws and their mother, Phyllis. They are considering legal action against Beck or her publisher, Random House in New York.”
CRIMINAL LAW:
Dr. Barden served as the science-law expert attorney in the landmark Quattrocchi case in Rhode Island. This longest and most complex (as of 2001) social science Frye/Daubert hearing (7 experts and 5 attorneys battled through nearly a month of hearings and motions) is widely thought to have ended criminal prosecutions in the U.S. based on "repressed and recovered memories".
See, Mooney, Tom. Recovered Memory Rejected: Judge rules out key element in landmark case. The Providence Journal (Rhode Island). April 28, 1999.
PROSECUTOR/CONSULTANT – STATE ATTORNEY GENERAL’S OFFICE:
Dr. Barden served as Special Assistant Attorney General for the State of Utah (Division of Occupational and Professional Licensing) in several licensing prosecutions (Appointed by the State Attorney General, 2004). Together with local and national experts, Dr. Barden was able to shut down the practice of “holding therapy” in the State of Utah.
See, Santini, J., Legislative Panel Backs Measure That Would Ban 'Holding Therapy', The Salt Lake Tribune, September 20, 2002, Friday, at Pg. A10.
"Before voting to support the measure, the Child Welfare Oversight Panel on Thursday considered testimony from Christopher Barden, an expert in child psychology, who called coercive therapy "quackery." "These therapists really believe they are helping people," Barden said, "just like lobotomizers believed they were helping people."
See, Thalman, J. Lawmakers back plan to ban holding therapy, The Deseret News of Salt Lake City, UT, September 20, 2002, Friday. ....
"That's typical because those who offer it or participate in it always operate outside public scrutiny, said Christopher Barden, a nationally known psychologist and widely quoted critic of coercive therapy.... He told lawmakers the treatment shouldn't even be called therapy because labeling it as such implies it has been shown to be therapeutic.... The only evidence that it works is the worst kind -- anecdotal -- and it has never stood up to any kind of basic scientific review, Barden said. He likened the fervor of its supporters to those who also believed in bloodletting and leeching as a cure for physical illness... Not only does the therapy not meet even the most basic scientific criteria, it amounts to human experimentation and fraud, he added.”
See,
September 8, 2004 – AGREEMENT between the Office of the Attorney General of the
State of Utah and R. Christopher Barden, Ph.D., J.D. … Authorization for R.
Christopher Barden to act as Special Assistant Attorney General with regard to
[holding therapy] licensing matters.
See,
Jesse Hyde , Utah jettisons holding therapy:
State orders last practitioner to end the controversial practice,
Deseret Morning News, Friday, February 11, 2005.
“The state's last practitioner of a controversial form of
therapy has been ordered by state licensing officials to stop practicing it and
will have her therapy sessions supervised for the next three years.”
See, USA TODAY, Tuesday, February 15, State News. Headline: Controversial holding therapy, used on troubled children, could be finished in Utah.
EXPERIENCE AS A CHILD HEALTH CARE ADVOCATE, PUBLIC POLICY ANALYST AND AUTHOR OF LEGISLATION:
ASSISTING CHILDREN WITH CHRONIC MEDICAL DISABILITIES:
Dr. Barden served for several years as the psychologist on multi-disciplinary medical/surgical teams at Baylor Medical School, the University of Utah Medical School-Primary Children's Hospital, and the Humana International Craniofacial Institute. Dr. Barden has published the results of research projects for children suffering from chronic disabilities in major medical, surgical and psychological journals including Ambulatory Pediatrics, Advances in Child Clinical Psychology, Child Development and the Journal of Plastic and Reconstructive Surgery. The results of such research have also been reported to professional societies in North and South America, Asia, and Europe as well as in several media stories. See e.g., Jacobsen-Wells, J., Infant's appearance affects mom's behavior study shows. Deseret News, Nov. 17, 1988, A13.
EFFORTS TO REFORM THE U.S. EMERGENCY MEDICAL SYSTEM FOR CHILDREN VIA LEGISLATION:
In 1993 Dr. Barden worked with a multidisciplinary team (physicians, psychologists, methodologists, attorneys, economists and others) to propose legislative reforms for the U.S. Emergency Medical System for Children.
See, Barden, R. C., Kinscherff, R., George, W., Flyer, R., Seidel, J., & Henderson, D., (1993), Emergency Medical Care and Injury Prevention Systems for Children: An Economic-Medical-Legal-Psychological Analysis and Legislative Proposals, Harvard Journal on Legislation, Vol. 30, No. 2, pgs 461497.
Some version of this proposed legislation has been enacted by the States of New Jersey (1992), Texas (1993), Utah (1994), Colorado (1995), Hawaii (1996), Louisiana (1996) and many other states. These legislative ideas have continued to expand across the U.S. As of July 1997 18 states reported the creation of a separate Emergency Medical System for Children Advisory Board (as required by this legislative proposal) and 15 states required pediatric representation on State EMS Advisory Boards. (See, EMSC News, Vol. 10, No. 2, Summer 1997).
Comments on Emergency Medical Systems for Children legislation
"Emergency medical services geared to the unique needs of our youngest citizens are absolutely necessary if we are to save critically ill or injured children... This [New Jersey] law could serve as a model for the rest of the United states to follow. Congratulations!"
Antonio C. Novello, M.D., M.P.H., Former Surgeon General of the United States of America, letter dated Sept. 9, 1992.
"This landmark law will save the lives of countless children in New Jersey and will serve as a model for the nation."
Daniel W. Shea, M.D., President, American Academy of Pediatrics, letter dated Sept. 14, 1992.
"This landmark bill will significantly improve services for critically ill and injured children in New Jersey and will serve as a model for other states... I salute your efforts!"
C. Everett Koop, M.D., Former Surgeon General of the United States of America, in a letter dated Oct. 28, 1992.
EFFORTS TO REFORM
THE U.S. MENTAL HEALTH SYSTEM:
Dr. Barden has worked via regulation (serving on the Minnesota State Board of Psychology), litigation (see above), legislation, education (see lists of professional continuing education seminars offered), and prosecution (see above), to reform the U.S. mental health system. Efforts have included testifying before State Legislatures, serving as a State regulatory official, conducting lawsuits in more than a dozen states, participating as an expert witness in the prosecution of abusive "therapists", teaching advanced classes at law schools, presenting continuing education seminars to professional groups in many states and publishing history/ethics /policy analyses in peer reviewed journals.
This series of projects has included efforts to enforce the universal ethical principle of informed consent -- prior to the litigation battles of 1995-2000 this principle was widely ignored and thus violated by mental health professionals.
"The informed consent in psychotherapy debate became a polarized focus of mental health reform efforts on August 8, 1994, when dozens of prominent psychology practitioners, researchers and academics (including Past Presidents of major mental health organizations) sent a public letter to U.S. Congressional leaders urging them to require that the rules of informed consent be applied to psychotherapy.
"Consumer, patient, and professional groups are just now realizing that psychotherapy patients across America are being subjected to experimental and potentially dangerous forms of "psychotherapy," including "memory retrieval/enhancement" therapy, at taxpayer expense. Even more disturbing is the almost universal practice of subjecting patients to these controversial and potentially dangerous procedures without any semblance of informed consent. We believe that fraud investigations by the F.B.I. and other agencies would reveal that virtually none of the therapists engaged in "memory retrieval" or "memory enhancement" procedures are informing their patients (or insurance companies) of the experimental, very controversial and potentially dangerous nature of these "treatments...."
Further, this 1994 letter from the office of R. C. Barden -- thus often called the "Barden Letter" -- sought to tie informed consent compliance with tax funded health care reimbursements and to ban payments for non-empirically validated "treatments".
"To reduce the possibility of future, similar tragedies we suggest that the following language be included in all appropriate sections of relevant health care codes: "No tax or tax exempt monies may be used for any form of health care treatment, including any form of psychotherapy, that has not been proven safe and effective by rigorous, valid and reliable scientific Investigations and accepted as safe and effective by a substantial majority of the relevant scientific community."
Although this letter created a firestorm of controversy that endures to the present, it is now clear that the fundamental ideas expressed in the letter have become more and more widely accepted in the legal, public policy, insurance, health care management and mental health systems."
Barden, R.C., (2001) Informed Consent in Psychotherapy: A Multidisciplinary Perspective, The Journal of the American Academy of Psychiatry and the Law, Vol. 29, No. 2, pgs. 160-166.
Many of the reforms discussed in the "Barden letters" of 1994 and 1995 have been implemented as of the year 2000 by the synergistic efforts of prosecutors, litigators, scientists, educators, insurance companies, national media, concerned families and legislators.
"The associations and licensing boards have proven virtually worthless in policing their own ranks," says R. Christopher Barden, a Utah-based lawyer and psychologist who has led several successful malpractice suits against therapists. "In contrast, scientific research, media exposure, continuing professional education and highly visible litigation will remain the major modes of mental health-care reform."
GLENN , DAVID Nightmare Scenarios: Science and Psychotherapy, Chronicle of Higher Education, October 24, 2003
The Commission for Scientific Medicine and Mental Health is an international group of distinguished researchers, academics, and practitioners from widely diverse disciplines -- including medicine, psychiatry, psychology, pathology, biochemistry, nutrition, and physics -- who are dedicated to maintaining high standards of scientific quality in the health care system. Members joining Dr. Barden on this commission include a number of the most prominent scientists in the world including:
See, http://www.csmmh.org/fellows.html
Baruj Benacerraf, MD, Nobel Laureate, President, Dana-Farber Inst.
Francis Crick, PhD, Nobel Laureate, Salk Institute (deceased)
Arthur Kornberg, MD, Nobel Laureate, Stanford University
Leon Lederman, PhD, Nobel Laureate, Illinois Inst of Technology
Glenn T. Seaborg, PhD, Nobel Laureate, Univ. of California (deceased)
Marvin Minsky, PhD, M.I.T., Rank Prize, Royal Society of Medicine
David H. Barlow, Ph.D., Psychology, Boston University
Aaron T. Beck, M.D., Psychiatry, University of Pennsylvania
Gerald Davison, Ph.D., Psychology, University of Southern California
Robyn Dawes, Ph.D., Psychology, Carnegie Mellon University
Grant Devilly, Ph.D., Criminology, University of Melbourne, Australia
Albert Ellis, Ph.D., Albert Ellis Institute, New York, New York
Howard N. Garb, Ph.D., VA Pittsburgh Health Sys & Univ. of Pittsburgh
William M. Grove, Ph.D., Psychology, University of Minnesota
Harrison G. Pope, M.D., MPH, McLean Hospital, Harvard University
Elizabeth F. Loftus, Ph.D., Psychology, University of California
Yuji Sakano, Ph.D., Psychology, Waseda University, Japan
Wallace Sampson, M.D., Editor, The Scientific Review of Alternative Medicine, Los Altos, California
Margaret T. Singer, Ph.D., Psychology, Emerita, University of California at Berkeley (deceased)
Robert L. Spitzer, M.D., Columbia University and New York State Psychiatric Institute
Leland Shapiro, MD, Infectious Diseases, Univ. of CO, Boulder
Steven Pinker, PhD, Brain and Cognitive Sciences, MIT
Paul R. McHugh, MD, Psychiatry, Johns Hopkins Medical School
Henri Broch, ScDr, Physics, University of Nice, France
Robert H. Romer,
PhD, Editor, American Journal of Physics
Richard McNally, Ph.D., Psychology, Harvard University
Harald Merckelbach, Ph.D., Psychology, Maastricht University, Netherlands
Harold Merskey, D.M., Psychiatry, Emeritus, University of Western Ontario, Canada
Yuji Sakano, PhD, Psychology, Waseda University, Japan
David Faust, Ph.D., Psychology, University of Rhode Island
Giovanni A. Fava, M.D., Psychology, University of Bologna, Italy
Adrian Furnham, D.Phil., Psychology, University College London, UK
Eileen Gambrill, Ph.D., School of Social Welfare, University of California at Berkeley
and many more.
The COMMISSION publishes two journals:
The Council for Scientific Mental Health practice is a group of distinguished researchers, academics, and practitioners from diverse disciplines who are deeply concerned about the increasing proliferation of unvalidated and scientifically questionable therapeutic and assessment techniques in mental health. Many of these techniques place the public at risk and undermine the scientific foundations of clinical psychology, social work, counseling, and allied disciplines. We are committed to the objective scientific evaluation of all novel mental health practices and are dedicated to disseminating only those practices that have been shown to be effective or valid. We believe in keeping an open mind to all mental health claims, but also holding all such claims to high standards of scientific evidence.
MEMBERS:
Paul Kurtz, Ph.D., Publisher, Philosophy, Emeritus, State University of New York at Buffalo
Scott O. Lilienfeld, Ph.D., Editor and Executive Director
James Alcock, Ph.D., Psychology, York University, Canada
Robert Baker, Ph.D., Psychology, Emeritus, University of Kentucky
R. Christopher Barden, J.D., Ph.D., National Association for Consumer Protection in Mental Health Practices, North Salt Lake, Utah
David H. Barlow, Ph.D., Psychology, Boston University
Stephen Barrett, M.D., Editor, Quackwatch, Allentown, Pennsylvania
Aaron T. Beck, M.D., Psychiatry, University of Pennsylvania
Gershon Ben-Shakhar, Ph.D., Psychology, Hebrew University of Jerusalem, Israel
Barry L. Beyerstein, Ph.D., Psychology, Simon Fraser University, Canada
Susan Blackmore, Ph.D., Psychology, University of the West of England, Bristol, UK
Marilyn Bowman, Ph.D., Psychology, Simon Fraser University, Canada
Patricia A. Brennan, Ph.D., Psychology, Emory University
Terence Campbell, Ph.D., Private Practice, Sterling Heights, Michigan
Frederick Crews, Ph.D., English, University of California at Berkeley
Patrick Curry, Consumer Advocate, Pittsburgh, Pennsylvania
Gerald Davison, Ph.D., Psychology, University of Southern California
Robyn Dawes, Ph.D., Psychology, Carnegie Mellon University
Grant Devilly, Ph.D., Criminology, University of Melbourne, Australia
Albert Ellis, Ph.D., Albert Ellis Institute, New York, New York
Edwin Erwin, Ph.D., Philosophy, University of Miami
David Faust, Ph.D., Psychology, University of Rhode Island
Giovanni A. Fava, M.D., Psychology, University of Bologna, Italy
Adrian Furnham, D.Phil., Psychology, University College London, UK
Eileen Gambrill, Ph.D., School of Social Welfare, University of California at Berkeley
Howard N. Garb, Ph.D., VA Pittsburgh Health System and University of Pittsburgh
Gina Green, Ph.D., Institute for Effective Education, San Diego, California
William M. Grove, Ph.D., Psychology, University of Minnesota
Adolph Grunbaum, Ph.D., Philosophy, University of Pittsburgh
Allan R. Harkness, Ph.D., Psychology, University of Tulsa
James Herbert, Ph.D., MCP Hahnemann University, Philadelphia, Pennsylvania
Terence M. Hines, Ph.D., Psychology, Pace University
John Hochman, M.D., Private Practice, Los Angeles, California
John Hunsley, Ph.D., Psychology, University of Ottawa, Canada
Thomas Joiner, Ph.D., Psychology, Florida State University
Stuart Kirk, D.S.W., Dept. of Social Welfare, University of California at Los Angeles
Donald F. Klein, M.D., Psychiatry, Columbia Univ. and NY State Psychiatric Institute
John Kline, Ph.D., Psychology, Florida State University
Arnold Lazarus, Ph.D., Psychology, Emeritus, Rutgers University
Paul Lees-Haley, Ph.D., Private Practice, Woodland Hills, California
Jill Littrell, Ph.D., School of Social Work, Georgia State University
Jeffrey M. Lohr, Ph.D., Psychology, University of Arkansas
Elizabeth F. Loftus, Ph.D., Psychology and Law, University of Washington
Steven Jay Lynn, Ph.D., Psychology, Binghamton University, New York
Richard McFall, Ph.D., Psychology, Indiana University
Paul R. McHugh, M.D., Psychiatry, Johns Hopkins University
Richard McNally, Ph.D., Psychology, Harvard University
Harald Merckelbach, Ph.D., Psychology, Maastricht University, Netherlands
Harold Merskey, D.M., Psychiatry, Emeritus, University of Western Ontario, Canada
Robert Montgomery, Ph.D., Psychology, Georgia State University
Timothy Moore, Ph.D., Psychology, Glendon College, York University, Canada
Peter Muris, Ph.D., Psychology, Maastricht University, Netherlands
Charles B. Nemeroff, M.D., Psychiatry and Behavioral Sciences, Emory University
John Paddock, Ph.D., Psychology and Psychiatry, Emory University
Loren Pankratz, Ph.D., Oregon Health Sciences University
August Piper Jr., M.D., Private Practice, Seattle, Washington
Harrison G. Pope, M.D., MPH, McLean Hospital, Harvard University
Ron Rapee, Ph.D., Psychology, Macquarie University, Sydney, Australia
Lawrence Riso, Ph.D., Georgia State University
Gerald Rosen, Ph.D., Private Practice and University of Washington
Yuji Sakano, Ph.D., Psychology, Waseda University, Japan
Wallace Sampson, M.D., Editor, The Scientific Review of Alternative Medicine, Los Altos, California
Margaret T. Singer, Ph.D., Psychology, Emerita, University of California at Berkeley
Robert L. Spitzer, M.D., Columbia University and New York State Psychiatric Institute
Carol Tavris, Ph.D., Social Psychologist/Author, Los Angeles, California
Bruce A. Thyer, Ph.D., LCSW, School of Social Work, University of Georgia
E. Fuller Torrey, M.D., Psychiatry, Uniformed Services Univ. of the Health Sciences, Maryland
Samuel M. Turner, Ph.D., Psychology, University of Maryland
Irwin D. Waldman, Ph.D., Psychology, Emory University
Jerome C. Wakefield, D.S.W., School of Social Work, Rutgers University
Richard Wiseman, Ph.D., University of Hertfordshire, UK
James M. Wood, Ph.D., Psychology, University of Texas at El Paso
MISSION STATEMENT BY THE COUNCIL FOR SCIENTIFIC MENTAL HEALTH PRACTICE
"Over the past several decades the field of mental health has witnessed a widening gap between researchers and practitioners. This growing divide has led many observers to contend that the scientific foundations of clinical psychology and allied disciplines are steadily eroding. A wide variety of unsubstantiated or untested treatments (such as facilitated communication, recovered memories and hypnotic age regression) and assessment methods (such as human figure drawing tests and the Myers-Briggs Type Indicator) have flourished in popularity in recent years. Still other techniques (such as anatomically correct dolls and the Rorschach Inkblot Test) are widely used even though they are highly controversial or questionable on scientific grounds. It is disturbing that the frequency of use of such procedures greatly outstrips their evidentiary base.
The field of mental health is in crisis. The public’s perception of mental health practice is shaped far more by self-help books, radio psychologists, and sensational media stories of dramatic “cures” than by objective scientific evaluations. Self-proclaimed gurus are often heralded in the mass media even though their treatments have not been submitted to randomized, double-blind trials, which should be standard procedure in the scientific evaluation of claims. Psychiatric labels that lack adequate research support (such as codependency and sexual addiction) are used with increasing frequency in the popular press and courts of law. Many treatment and assessment techniques promulgated to the general public rest on tenuous scientific foundations. Some of these techniques, such as rebirthing and highly suggestive therapeutic methods (e.g., hypnosis) to recover memories, are almost surely harmful in certain cases. Still other techniques, although not harmful per se, may deprive individuals of valuable time and financial resources that could be more effectively spent on other treatments."
EFFORTS TO EXCLUDE JUNKSCIENCE FROM THE U.S. LEGAL, HEALTH CARE AND MENTAL HEALTH SYSTEMS:
Dr. Barden has testified in courtrooms and sta