ETHICS Flashcards
ETHICS
-Behaviors, Practices, and Decisions that address 3 fundamental questions that guide how you conduct yourself to help others improve their physical, social, psychological, familial, or personal condition.
Why is Ethics Important?
-To further the welfare of the client.
Three (3) Fundamental Questions of Ethical Practice:
- ) What is the Right Thing to do?
- ) What is Worth Doing?
- ) What does it mean to be a Good Behavior Analyst?
What is the Right Thing to do?
- Considerations related to Cultural Practices. What may be acceptable in one culture is not in another.
- Differences across Time. What may be acceptable 20 years ago is not today.
Things to Help You Guide the Decision-Making Process
- Professional Training and Experience: Your training as a Behavior Analyst should ALWAYS OVERRIDE your personal history.
- Personal History: Your individual cultural, religious, or social background. If you cannot get help or change your behavior (if your personal history is impacting your clinical decision-making process), excuse yourself from the case.
- The context of Practice: Refers to where you practice and the specific nature of the job (e.g., home, school, etc.). Determines what is legal vs. illegal, ethical vs. unethical.
What is both illegal and unethical?
- ) Misrepresenting promised services or skills.
- ) Stealing a client’s belongings.
- ) Abusing a client, physically, emotionally, financially, socially, or sexually.
- ) Engaging in consensual sexual relations with persons under age 18.
What is legal, but unethical?
- ) Breaking a professional confidence.
- ) Accepting valued heirlooms in lieu of payment.
- ) Engaging in consensual sex with a client over the age of 18.
What are Ethical Codes of Behavior?
- Guidelines that specify what IS a violation.
- Guidelines for deciding a course of action or conducting professional duties.
- Guidelines to help to discriminate between legal and ethical distinctions making us more likely to:
- Provide effective services.
- Maintain sensitivity toward clients.
- Not break the law or our professional standards of conduct.
What is Worth Doing?
- Addresses the goals and objectives of practice and forces us to ask the questions:
1. What are we trying to accomplish?
2. How are w trying to accomplish it?
3. Is the objective social valid?
4. What is the Risk-Benefit ratio?
Social Validity
- When results show meaningful, significant, and sustainable change.
- When the goals, procedures, and results of an intervention are socially acceptable to the client, the behavior analyst, and society.
- Not every skill has social validity.
- Social Comparison:
- Comparison of the performance of clients exposed to the intervention with an equivalent or “typically developing” group.
- Limitation: Normative data may not be really relevant for the client’s functioning. - Subjective Evaluation of Experts:
- Evaluation of the client’s performance by experts who are very familiar with the client.
- Limitation: Subjective evaluation of experts may not tell us about the success of an intervention.
Two (2) Ways to Assess Social Validity
What Does it Mean to be a Good Behavior Analyst?
- Following professional codes of conduct (BACB)
- Keeping client’s welfare in your ideas.
The Golden Rule:
- Do unto others as you would have them do unto you.
A Good Practitioner is Self-Regulating
- Seek ways to calibrate decisions over time to ensure that values, contingencies, and rights and responsibilities are integrated and an informed combination of these are considered.
Three (3) Reasons Why we Abide by Ethics: MHS
- MEANINGFUL CHANGE: To produce MEANINGFUL behavior CHANGE of social significance to the client.
Increase the likelihood of appropriate services being rendered to individuals. - HARM: To reduce/eliminate HARM (e.g., poor treatments, SIB, etc.).
- STANDARDS: To conform to the ethical STANDARDS of learned societies and professional organizations.
What Are Professional Standards?
- “Standards” is an umbrella word for everything
- Standards are written guidelines that provide a direction for conducting the practices associated with an organization.
Behavior Analyst Certification Board:
- Certifies individual practitioners.
- In 1999, the BACB started credentialing behaviorists in the US and other countries. The BACB certification is based in Florida’s certification program. It ensures consumers that individual’s specialization is ABA.
Association for Behavior Analysis (ABA)
- Accredits university programs.
Five (5) Documents That Describe Standards of Professional Conduct and Ethical Practice For ABA: TLCEPBT
- ) TASK LIST: The BCBA and BCaBA Behavior Analyst TASK LIST 4th Edition (BACB), 2015.
- ) CODE: Professional and Ethical Compliance CODE for Behavior Analysts (the “CODE”) (BACB), 2016.
- ) EDUCATION: The Right to Effective EDUCATION (Association for Behavior Analysis (ABA)), 1990.
- ) Psychologists: Ethical Principles of PSYCHOLOGISTS and Code of Conduct (American Psychological Association (APA)), 2010.
- ) BEHAVIORAL TREATMENT: The Right to Effective BEHAVIORAL TREATMENT (Association for Behavior Analysis), 1989.
BCBA and BCaBA Behavior Analyst 4th Edition Task List:
- BACB
- Effective Jan 1, 2015.
- Describes knowledge, skills, and attributes expected of a behaviorist.
- Describes numerous tasks across 3 main sections.
BACB
- Effective Jan 1, 2016. All BACB applicants, certificants, and registrants are required to adhere to the Code.
- Most recent revised version: Aug 11, 2015.
- The BACB has consolidated, updated, and replaced 2 of their old ethical documents:
a. The Professional Disciplinary and Ethical Standards (BACB) and
b. The Guidelines for Responsible Conduct for Behavior Analysts (BACB
Professional and Ethical Compliance Code for Behavior Analysts (AKA: The “Code”)
The code has 2 Parts:
- 10 Sections: These are relevant to professional and ethical behavior of behavior analysts.
- Glossary
Defined by the BACB as “ a paraprofessional who practices under the close, ongoing supervision of a BCBA, BCaBA, or FL-CBA (Florida Certified Behavior Analysts)”.
- Main responsibility: the direct implementation of behavior-analytic services.
- The _____ does NOT design interventions or assessment plans.
- To attain the ____ Credential, you must complete 40 hours of training, pass the ____ Competency Assessment, pass the ____ examination, and more as described on the BACB website.
Registered Behavior Technician (RBT)
________ are considered to be already meeting the standards of the BCaBA an RBT.
BCBA
__________ are considered to be already meeting the standards of the RBT.
BCaBA
You maintain the high standards of behavior of the profession.
-The Code’s Definition of Behavior Analyst:
Behavior analyst refers to an individual who holds the BCBA or BCaBA credential, an individual authorized by the BACB to provide supervision, or a coordinator of a BACB Approved Course Sequence.
Where Code elements are deemed relevant to the practice of an RBT, the term “behavior analyst” includes the behavior technician.
1.0 Responsible Conduct of Behavior Analysts.
- You rely on professionally derived knowledge based on science and behavior analysis when making scientific or professional judgments in human service provision, when engaging in scholarly, or professional endeavors.
1.01 Reliance on Scientific Knowledge
A.) You provide services, teach, and conduct research only within the boundaries of your competence, defined as being commensurate with your education, training, and supervised experience.
B.) You provide services, tech, or conduct research in new areas (e.g., population, techniques, behaviors, etc.):
-ONLY AFTER FIRST undertaking appropriate study, training, supervision, and/or consultation from persons who are competent in those areas. (To be competent in new areas, get the right training 1st!).
1.02 Boundaries Of Competence
You MAINTAIN knowledge of current scientific and professional information information in your areas of practice and undertake ongoing efforts to maintain competence in the skills you use.
1.03 Maintaining Competence through Professional Development
Four (4) Methods of Maintaining Professional Competence: CLAC
- CEUS: Maintain your credential with continuing education units (CEUs).
- Literature: Read appropriate literature (most updated evidence-based, peer-reviewed research).
- Additional Coursework: Obtain additional coursework.
- Conference/Workshop: Attend conferences/workshops.
a. ) You are truthful and honest and arrange the environment to promote truthful and honest behavior in others.
b. ) You do not implement contingencies that would cause others to engage in fraudulent, illegal, or unethical conduct.
c. ) You follow through on obligations and contractual and professional commitments with high quality work and refrain from making professional commitments you cannot keep.
d. ) Your behavior conforms to the legal and ethical codes of the social and professional community of which you are a member.
e. ) If your ethical responsibilities conflict with law or any policy of an organization with which you are affiliated, you: Make known your commitment to this Code and take steps to resolve the conflict in a responsible manner in accordance with law.
1.04 Integrity
- ) You provide behavior-analytic services only in the context of a defined, professional, or scientific relationship or role.
- ) When you provide behavior-analytic services, you: Use language that is fully understandable to the recipient of those services while remaining conceptually systematic with the profession of behavior analysis. - Provide appropriate info PRIOR TO service delivery about the nature of such services and appropriate information later about results and conclusions.
- ) If differences of age, gender, race, culture, ethnicity, national origin, religion, sexual orientation, disability, language, or socioeconomic status significantly affect your work concerning particular individuals or groups, you: Obtain the training, experience, consultation, and/or supervision necessary to ensure the competence of your services, or - Make appropriate referrals.
- ) In your work-related activities, you do NOT engage in discrimination against individuals or groups based on age, gender, race, culture, ethnicity, national origin, religion, sexual orientation, disability, language, socioeconomic status, or any basis proscribed by law.
- ) You do not knowingly engage in behavior that is harassing or demeaning to person with whom you interact in your work based on factors, such as those persons’ age, gender, race, culture, ethnicity, national origin, religion, sexual orientation, disability, language, or socioeconomic status, in accordance with law.
- ) You recognize that your personal problems and conflicts may interfere with your effectiveness. You refrain from providing services when your personal circumstances may compromise delivering services to the best of your abilities.
1.05 Professional and Scientific Relationships
1.05 Professional and Scientific Relationships
- Use language easy to understand WHILE ALSO being conceptually systematic.
- Before Service: Give info about nature of service.
- After Service: Give info about results and conclusions.
a. ) Due to the potentially harmful effects of multiple relationships, you avoid multiple relationships.
- The Code’s Definition of Multiple Relationships: A multiple relationship is one in which a behavior analyst is in both a behavior-analytic role and a non-behavior-analytic role simultaneously with a client or someone closely associated or related to the client.
b. ) You must always be sensitive to the potentially harmful effects of multiple relationships. If you find that, due to unforeseen factors, a multiple relationship has arisen, you: Seek to resolve it.
c. ) You recognize and inform clients and supervisees about the potential harmful effects of multiple relationships.
d. ) You do not accept any gifts from or give any gifts to clients because this constitutes a multiple relationship.
1.06 Multiple Relationships and Conflicts of Interests
Multiple Relationships AKA:
Dual Relationships
- When a principal party, alone or in connection with family, friends, or associates, has a vested interest in the outcome of the interaction.
- The relationship is beneficial to the behavior analyst in some way.
- It involves a personal relationship with crossed boundaries, such as unsolicited gifts or invitations to parties.
- You must guard against crossing any personal or professional boundaries.
General Rule: A practitioner in doubt about what is a crossed boundary should consult a supervisor or trusted and experienced confidante.
Extra Information on Conflicts of Interest
a. ) You do not exploit persons over whom you have supervisory, evaluative, or other authority such as STUDENTS, SUPERVISEES, employees, research participants, and CLIENTS.
b. ) You do not engage in sexual relationships with clients, students, or supervisees, because such relationships easily impair judgment or become exploitative.
1.07 Exploitative Relationships
- The Code’s Definition of STUDENT:
A student is an individual who is matriculated at a college/university. This Code applies to the student during formal behavior-analytic instruction.
- The Code’s Definition of SUPERVISEE:
A supervisee is any individual whose behavior-analytic services are overseen by a behavior analyst within the context of a defined, agreed-upon relationship.
The term client refers to any recipient or beneficiary of the professional services provided by a behavior analyst.
- The term includes, but is not limited to:
(a) The direct recipient of services
(b) The parent, relative, legal representative, or legal guardian of the recipient of services
(c) The employer, agency representative, institutional representative, or third-party contractor for services of the behavior analyst, and/or
(d) Any other individual or entity that is a known beneficiary of services or who would normally be constructed as a “client” or “client-surrogate”.
- The Code’s Definition of CLIENT:
For purposes of this definition, the term client does NOT include:
- Third-party insurers or payers, unless you are hired directly under contract by the third-party insurer or payer.
How long do you refrain from any sexual relationships with clients, students, or supervisees:
AT LEAST 2 YEARS AFTER the date that the professional relationship has formally ended.
You do not barter for services, unless a written agreement is in place for the barter that is:
a. ) Requested by the client or supervisee,
b. ) Customary to the area where services are provided, and
c. ) Fair and commensurate with the value of behavior-analytic services provided.
1.) You have a responsibility to operate in the best interest of your clients.
2.) The term, “CLIENT”, as used here is broadly applicable to whomever you provide services, whether a(n):
- Individual person (i.e., service recipient),
- Parent or guardian of a service recipient,
- Organizational representative, and/or
- Public or private organization, a firm, or a
corporation.
2.0 Behavior Analysts’ Responsibility to Clients.
- You accept as clients only those individuals or entities whose requested services are commensurate with your: Education, Training, Experience, Available Resources, and Organizational policies.
- If you do not have the above-mentioned requirements, you: MUST function under the supervision of or in consultation with a behavior analyst whose credentials permit performing such services.
2.01 Accepting Clients
- Your responsibility is to all parties affected by behavior-analytic services.
- When multiple parties are involved and could be defined as a client, you: -Create a HIERARHY of parties and communicate this from the outset of the defined relationship. - Identify and communicate who the primary ultimate beneficiary of services is in any given situation and advocate for his or her best interest.
2.02 Responsibility
a. You arrange for appropriate consultations and referrals based principally on the best interests of your clients, with appropriate consent, and subject to other relevant considerations, including applicable law and contractual obligations.
b. When indicated and professionally appropriate, you cooperate with other professionals, in a manner that is consistent with the philosophical assumptions and principles of behavior analysis, in order to effectively and appropriately serve your clients.
2.03 Consultation
How to get appropriate consent to make a referral from your client:
- ) Inform your client of the referral process.
- ) Inform them about the other providers’ qualifications.
- ) Provide your client 2-3 referrals so client can choose.
When you agree to provide services to a person or entity AT THE REQUEST OF A THIRD PARTY, you:
- Clarify to the extent feasible the nature of your relationship with each party. This clarification includes:
- Your role (e.g., therapist, organizational consultant,
expert witness, etc.),
- The probable uses of the services you provide or
the information you obtain, and
- Any limits to confidentiality
- Any potential conflicts
Do this at the outset of service
2.04 Third-Party Involvement In Services
If there is a FORESEEABLE RISK of you being called upon to perform CONFLICTING ROLES BECAUSE OF A THIRD PARTY, you:
- Clarify the nature and direction of your responsibilities,
- Keep all parties appropriately informed as matters develop, and
- Resolve the situation in accordance with this Code.
-The parent (or client-surrogate) of the recipient of services is informed of:
- The nature and scope of services to be provided
and
- Their right to all service records and data.
-The Code’s Definition of Service Record: A client’s service record includes, but is not limited to, written behavior-change plans, assessments, graphs, raw data, electronic recordings, progress summaries, and written reports.
When providing services to a MINOR (OR INDIVIDUAL WHO IS A MEMBER OF A PROTECTED POPULATION (e.g., those having limited mental capacity or physical capacity, prisoners, etc.) AT THE REQUEST OF A THIRD PARTY, you ensure:
When a THIRD PARTY MAKES REQUESTS for SERVICES THAT GO AGSINST YOUR RECOMMENDATIONS:
- You are obligated to resolve such conflicts in the best interest of your client.
- If the conflict cannot be resolved, you may DISCONTINUE services to your client following an appropriate transition.
-The rights of the client are paramount and you support clients’ legal rights and prerogatives.
- The Code’s Definition of Rights and Prerogatives:
Rights and prerogatives of clients refers to human
rights, legal rights, rights codified within behavior
analysis, and organizational and administrative
rules and regulations designed to benefit the client.
-When clients and supervisees ask, you must provide an accurate and current set of your credentials.
-You comply with any requirements for criminal background checks.
2.05 Rights and Prerogatives of Clients
Permission for electronic recording of interviews and service delivery sessions:
- You secure this from clients and relevant staff in all relevant settings.
- You must obtain consent for different uses specifically and separately.
How clients and supervisees lodge complaints about your professional practices:
- You MUST inform them of their rights and about procedures to lodge complaints with your employer, appropriate authorities, and the BACB.
- You have a primary obligation and take reasonable precautions to protect the confidentiality of those with whom you work or consult, recognizing that confidentiality may be established by law, organizational rules, or professional or scientific relationships.
- You discuss confidentiality at the OUTSET of your relationship and thereafter as NEW CIRCUMSTANCES may warrant.
- You discuss confidential information obtained in clinical or consulting relationships or evaluative data concerning clients, students, research participants, supervisees, and employees, only for appropriate scientific or professional purposes and only with persons clearly concerned with such matters.
2.06 Maintaining Confidentiality
In order to minimize intrusions on privacy, you:
- Include only germane (i.e., relevant) information to the purpose for which the communication is made.
- In written, oral, and electronic reports, consultations, and other avenues.
Social Media Contexts:
You must NOT share (or create situations likely to result in the sharing) any identifying information (written, photographic, or video) about current clients and supervisees in social media contexts (e.g., on Facebook, Twitter, etc.).
Extra Information on Confidentiality That May be on the Exam:
- Confidentiality is an ETHICAL, but also a LEGAL issue in some states.
- In California, it is both. You should find out about your state and/or country’s individual rules.
- When services to a client begins, the limits to confidentiality must be fully explained: -Child abuse, imminent severe harm to another, or imminent severe harm to the person.
- Use specific forms for reporting deliberate breeches in confidentiality.
Why do Breaches of Confidentiality Occur?
-Breaches occur for two (2) main reasons:
1. Intentional: To protect someone from harm.
2. Unintentional: Is the result of carelessness,
neglect, or a misunderstanding of the nature of
confidentiality.
-If uncertain whether confidentiality applies in a certain situation, assume that IT DOES.
-ACTIONS TO PROTECT CONFIDENTIALITY: Requiring passwords on computers, locking files, not transmitting information wirelessly if it is not encrypted, and confirming the person’s status as a surrogate or legal guardian before giving out information about the client.
Maintain Confidentiality When:
Creating, storing, accessing, transferring, and disposing of records under your control, whether these are written, automated, electronic, or in any other medium.
Maintain and dispose of records: -In accordance with laws, regulations, corporate policies, and organizational policies, and in a manner that permits compliance with the requirements of this Code. -Your state and federal laws may be different than other’s about maintaining and disposing records, so stay current and follow your state and federal laws where you reside. -Why? If you are involved in a lawsuit, you need to have records dating back to what’s legally allowable by your state and/or country.
2.07 Maintaining Records
FOUR (4) MANDATED OR PERMITTED LEGAL REASONS WHY YOU WOULD DISCLOSE CONFIDENTIAL INFORMATION WITHOUT CONSENT:
1. CONSULTATION: To obtain appropriate professional CONSULTATION.
2. PROTECT: To PROTECT the client or others from harm.
3. PAYMENT: To obtain PAYMENT for services, in which instance, disclosure is limited to the minimum that is necessary to achieve the purpose.
4. SERVICES: To provide needed professional SERVICES to the individual or organizational client.
- The parameters of consent for disclosure:
Acquire at OUTSET of the relationship and
Is an ONGOING procedure throughout the
professional relationship.
2.08 Disclosures: CPPS
- Clients have a right to EFFECTIVE TREATMENT (i.e., based on the research literature and adapted to the individual client).
- You always have the obligation to advocate for and educate the client about scientifically supported, most-effective treatment procedures.
- Effective treatment procedures have been validated as having both long-term and short-term benefits to clients and society.
- You ADVOCATE for the appropriate amount and level of service and oversight that is needed to meet the behavior-change program goals.
- You review and appraise the effects of any treatments about which you are aware that might impact the goals of the behavior-change program, to the extent possible.
2.09 Treatment/ Intervention Efficacy
When MORE THAN ONE SCIENTIFICALLY SUPPORTED TREATMENT has been established, consider these factors to help you select interventions for your client:
- Efficiency and cost-effectiveness,
- Risks and side-effects of the interventions,
- Client preference, and
- Practitioner experience and training.
-The behavior-change program is a formal, written document that describes in technological detail every assessment and treatment task necessary to achieve stated goals.
The Code’s Definition of Behavior-Change Program
Document your professional work to:
-Facilitate provision of services later by you or by other professionals,
-Ensure accountability, and
-Meet other requirements or organizations or the law.
You create and maintain documentation in the kind of detail and quality that would be consistent with best practices and the law.
2.10 Documenting Professional Work and Research
-You create, maintain, disseminate, store, retain, and dispose of records and data relating to your research, practice, and other work in accordance with applicable laws, regulations, and policies in a manner that permits compliance with this Code and in a manner that allows for appropriate transition of service oversight at any moment in time.
2.11 Records and Data
You must retain records and data for :
AT LEAST 7 YEARS
EXTRA EXTRA INFO ON MAINTAINING RECORDS THAT MAY BE ON THE EXAM
-According to the APA Ethical Principles of Psychologists and Code of Conduct (2010):
- Records must be kept in a secure area.
- Well-maintained records facilitate the provision of future services, meet agency or institutional requirements, ensure accurate billing, allow for future research, and comply with legal requirements.
- A release must be obtained to attain or give records.
- Record disposal should be complete (shredding best).
EXTRA EXTRA INFO ON MAINTAINING RECORDS THAT MAY BE ON THE EXAM
-According to HIPPA:
-Electronic transmission of confidential records across any unsecured medium (e.g., fax lines in public places, email, etc.) is prohibited.
2.12 Contracts, Fees, and Financial Arrangements: BEFORE SERVICE IMPLEMENTATION, you ensure the following is in place:
- A SIGNED CONTRACT outlining the responsibilities of all parties,
- A review of the SCOPE of behavior-analytic services to be provided, and
- Your OBLIGATIONS under this Code.
When do you reach an agreement with your client specifying compensation and billing arrangements:
-As early as is feasible in a professional or scientific relationship.
Your fee practices are consistent with law. You do not misrepresent your fees. - If there may be any funding limitations that could affect or limit your services to your client: Discuss this with your client as early as is feasible.
2.12 Contracts, Fees, and Financial Arrangements
When FUNDING CIRCUMSTANCES CHANGE, you must:
Revisit with your client the financial responsibilities and limits with your client.
When billing for your services, you:
- Accurately state the nature of the services provided,
- The fees or charges,
- The identity of the provider,
- Relevant outcomes, and
- Other required information.
If you give or take any referral, you:
-Must not receive or provide money, gifts, or other enticements.
Referrals should:
-Include MULTIPLE OPTIONS,
-Be based on objective determination of client need, and
-Be based on subsequent alignment with the repertoire of the referee.
You should tell the client about your relationship to the other party if you make or accept a referral.
2.14 Referrals and Fees
a.) You avoid interruption or disruption of service, as this is in the best interests of your client and/or supervisee.
2.15 Interrupting or Discontinuing Services
In the event of UNPLANNED INTERRUPTIONS (e.g., due to illness, impairment, unavailability, relocation, disruption of funding, disaster, etc.), you:
-Try (in a timely manner) to facilitate the continuation of behavior-analytic services.
If you are in an employment or contractual relationship that ends (e.g., your job is ending soon), you:
-Make sure there is an orderly and appropriate resolution of your responsibility for services with paramount consideration given to the welfare of your client.
When to discontinue services with your client:
AFTER YOU HAVE MADE EFFORTS TO TRANSITION YOUR CLIENT.
You discontinue a professional relationship in a timely manner when the client:
1. No longer needs the service,
2. Is not benefiting from the service,
3. Is being harmed by continued service, OR
4. When the client requests discontinuation.
You do not abandon your client and supervisee.
- Discuss service needs,
- Provide appropriate pre-termination services
- Suggest alternative service providers as appropriate
- Take other reasonable steps to facilitate timely transfer of responsibility to another provider, upon consent.
Prior to discontinuation, you:
- If you use behavior-analytic assessment techniques, do so for appropriate purposes given current research.
- LIMITING CONDITIONS: Sometimes we find CONDITIONS that LIMIT our being able to apply the interventions or determine what is reinforcing for a client. In real applied settings, these are conditions that get in the way of (limit) our ‘perfect’ behavior plan.
3.0 Assessing Behavior
When do you conduct assessments:
-PRIOR TO making recommendations or developing behavior-change programs.
When you are developing a BEHAVIOR-REDUCTION program,
-FIRST CONDUCT A FUNCTIONAL ASSESSMENT
Determine the TYPE OF ASSESSMENT you will use based on:
- Client’s need and consent,
- Environment parameters, and
- Other contextual variables
3.01 Behavior-Analytic Assessment: The Code’s Definition of Functional Assessment:
- Functional assessment (AKA: Functional Behavior Assessment) refers to a category of procedures used to formally assess the possible environmental causes of problem behavior. These procedures include:
- Informant assessments (Interviews, rating scales, etc.)
- Direct observation in the natural environment (e.g., ABC assessment, etc.), and
- Experimental functional analysis
In order to make decisions and recommendations for programs, you are:
OBLIGATED to collect and graphically display data using behavior-analytic tools.
3.02 Medical Consultation
- You recommend seeking a medical consultation if there is any reasonable possibility that a referred behavior is influenced by medical or biological variables.
a. Prior to conducting an assessment, you must explain to the client:
- The procedures to be used,
- Who will participate, and
- How the resulting information will be used.
b. When do you get the client’s WRITTEN approval of the assessment procedures:
- BEFORE implementing them.
3.03 Behavior-Analytic Assessment Consent
3.04 Explaining Assessment Results
How do you explain assessment results to the client:
- Using language and graphic displays of data that are reasonably understandable to the person.
3.05 Consent–Client Records
How you obtain or disclose client records from or to other sources for assessment purposes:
- BEFORE disclosures, you must obtain the WRITTEN consent of the client.
- You are responsible for all aspects of the behavior-change program from conceptualization to implementation and ultimately to discontinuation.
- How to Know Discontinuation of Services is Reached:
- TERMINATION CRITERIA: Generate termination criteria for your client when starting a behavior-change program.
4.0 Behavior Analysts and the Behavior-Change Program
-You design behavior-change programs that are conceptually consistent with behavior-analytic principles.
4.01 Conceptual Consistency
What does Conceptually Consistent mean?
- That work is CONSISTENT with the CONCEPTS of our field of Operant Learning and ABA.
- CONCEPTUALLY SYSTEMATIC = CONCEPTUALLY CONSISTENT
4.02 Involving Clients in Planning and Consent
- You involve the client in the planning of and consent for behavior-change programs.
4.03 Individualized Behavior-Change Programs
- You MUST TAILOR behavior-change programs to the unique behaviors, environmental variables, assessment results, and goals of each client.
- You DO NOY PLAGIARIZE other professionals’ behavior-change programs.
4.04 Approving Behavior Change Programs
- Before you implement or make SIGIFICANT modifications (e.g., change in goals, use of new procedures, etc.) in the client’s program:
- You must obtain the client’s WRITTEN approval.
4.05 Describing Behavior-Change Program Objectives: RISK-BENEFIT ANALYSIS (AKA):
Cost-Benefit Analysis/ Cost-Benefit Ratio
- If possible, you conduct a Risk-Benefit Analysis on the procedures to be implemented to reach the objective.
- Before you choose procedures to use with your client, research their RISKS vs. BENEFITS. (Like making a PROS vs CONS list).
- Every procedure has a RISK (AKA: Consideration)
You conduct a RISK-BENEFIT ANALYSIS:
The Code’s Definition of Risk-Benefit Analysis:
-A risk-benefit analysis is a deliberate EVALUATION of the potential risks (e.g., limitations, side effects, costs, etc.) and benefits (e.g., treatment outcomes, efficiency, savings, etc.) associated with a given intervention.
Translation: The RISK AND BENEFITS of your procedure are compared.
The RISK-BENEFIT ANALYSIS Should Be Conducted:
After the FBA and BEFORE implementing treatment.
- What is the nature of the behavior?
- Are there enough staff to implement the procedures?
- Is the mediator trained appropriately?
- Is the setting appropriate for the procedures?
- Do you (as the BCBA/BCaBA on this case) have experience with this procedure?
- Is there any potential risks to others from these procedures?
- Is everyone on board to implement the procedures?
- Is there any liability to you as the BCBA/BCaBA?
Eight General Risk Factor Questions To Ask Yourself:
-You tell the client about the environmental conditions that are necessary for the behavior-change program to be effective (i.e., the best way for the environment to be arranged to meet the goals).
-CONDITIONS to help you attain BEHAVIOR-CHANGE PROGRAM SUCCESS:
1st: Is your client on board with the process?
2nd: Are there aby safety issues?
3rd: Are needed resources available to implement the
program (e.g., time, people, etc.)?
4th: Are there reinforcers you can control to help you
implement your program?
4.06 Describing Conditions for Behavior-Change Program Success
4.07 Environmental Conditions that Interfere with Implementation
- If the environmental conditions PREVENT your program from being IMPLEMENTED, you:
- Recommend that OTHER PROFESSIONAL ASSISTANCE be sought.
Other Professional Assistance means:
- Assessment, consultation, or therapeutic intervention by other professionals.
- If people are not on board with your plan, try Plan A, if that fails, try Plan B:
- Plan A: Have a meeting with all partied involved in the plan, re-train them as needed. If Plan A is not effective, try Plan B.
- Plan B: Recommend family therapy to unite them to collectively work on implementing the plan.
If the environmental conditions HINDER your program from being IMPLEMENTED, you:
- Seek to eliminate the environmental constraints (i.e., try to change the environment to fix the problem that was hindering your program), OR
- Identify in writing the obstacles to fixing the environment.
4.08 Considerations Regarding Punishment Procedures
- You recommend reinforcement rather than punishment whenever possible.
If punishment procedures are necessary, you:
-ALWAYS include reinforcement procedures for alternative behavior in the behavior-change program.
Before implementing punishment-based procedures, you:
-Ensure that appropriate steps have been taken to implement reinforcement-based procedures unless the severity or dangerousness of the behavior (e.g., SIB, aggression towards others, throwing furniture, breaking windows, etc.) necessitates immediate use of aversive procedures.
- Give an increased level of training, supervision, and oversight.
- Evaluate the effectiveness of aversive procedures in a timely manner.
- Modify the behavior-change program if it is ineffective.
- ALWAYS include a plan to discontinue the use of aversive procedures when no longer needed.
When you use aversive procedures: you must:
4.09 Least Restrictive Procedures (AKA: Least Restrictive Alternatives)
You review and appraise the restrictiveness of procedures:
- ALWAYS recommend the LEAST RESTRICTIVE PROCEDURES likely to be EFFECTIVE!
Definition of A RESTRICTIVE PROCEDURE:
A PROCEDURE that RESTRICTS someone’s:
- Movements and/or activity;
- Ability to acquire positive reinforcement;
- Access to valued objects and/or activities.
EXTRA EXTRA INFO on LEAST RESTRICTIVE PROCEDURES/ALTERNATIVES for EXAM:
In order to use the least restrictive procedures, the most powerful, but least restrictive method should be used first.
4.10 Avoiding Harmful Reinforcers
You MINIMIZE the use of items as potential reinforcers that may:
- Be harmful to the health and development of the client.
- Require excessive motivating operations (MOs) to be effective.
4.11 Discontinuing Behavior-Change Programs and Behavior-Analytic Services
How you discontinue programming with your client:
- You establish understandable and objective (i.e., measurable) criteria for the discontinuation of your program.
- You describe discontinuation criteria to your client.
- When the established criteria for discontinuation are attained (e.g., when agreed-upon goals have been met), then you can discontinue services.
5.0 Behavior Analyst as Supervisors
-When you are functioning as a supervisor, you must take full responsibility for all facets of this undertaking.
-To be a SUPERVISOR, the BACB now requires:
Completion of an 8 hour supervision training, “Supervisor Training Curriculum Outline” and 3 hours of CEUs in supervision each certification cycle.
- You SUPERVISE ONLY within your areas of DEFINED COMPETENCE.
- What does COMPETENCE entail for a SUPERVISOR?
- Being a COMPETENT SUPERVISOR isn’t simply about finishing the 8 hour BACB supervisor training and the 3 hours of CEUS in supervision every certification cycle; or learned in graduate school.
- Being a COMPETENT SUPERVISOR goes beyond that. It’s about performing at a level of COMPETENCE.
5.01 Supervisory Competence
How does a SUPERVISOR attain that COMPETENCE?
- COMPETENCE is defined by the types of specific training and supervision that professionals have had.
- This may mean participating in workshops conducted by an expert, followed by a practicum experience at a specialized center for treatment and research.
5.02 Supervisory Volume: What is the volume (i.e., amount) of SUPERVISORY activity that you can take on?
- Only the amount that allows you to be EFFECTIVE.
- There is not set number. It’s individual; up to what that supervisor is capable of managing. You could supervise only 1 supervisee or 10 or more supervisees.
What does it mean to be EFFECTIVE as a SUPERVISOR?
- Your supervisees demonstrate improvements in their performance.
- Manage your time well so that you can supervise all your supervisees effectively.
a. ) What responsibilities do you delegate to your supervisees: ONLY those responsibilities they can reasonably be expected to perform competently, ethically, and safely.
b. ) If your supervisees do NOT have the necessary skills, you: Provide conditions for the acquisitions of those skills (i.e., ensure they get the necessary training in those skills). You observe your supervisee (in order of most preferred methods): 1. Live, 2. Video Tape; 3. Role-play
5.03 Supervisory Delegation
5.04 Designing Effective Supervision and Training
-You ensure that supervision and trainings are behavior-analytic in content, effectively and ethically designed, and meet the requirements for licensure, certification, or other defined goals.
5.05 Communication of Supervision Conditions
- When do you provide a clear WRITTEN description of the purpose, requirements, evaluation criteria, conditions, and terms of supervision: PRIOR to the onset of the supervision.
5.06 Providing Feedback to Supervisees
How do you provide feedback to your supervisees:
- You design feedback and reinforcement systems in a way that improves supervisee performance.
- You provide documented, timely feedback regarding the performance of supervisees on an ONGOING BASIS.
- What does TIMELY mean? A few minutes after
Steps to Providing feedback to supervisees (in order):
- Define or model the desired skill
- Have the supervisee demonstrate the desired skill
- Provide feedback (corrective or reinforcing)
5.07 Evaluating the Effects of Supervision
-You design systems for obtaining ongoing evaluation of your own supervision activities.
How would you design a system for obtaining ongoing evaluation of your own supervision activities?
- You can generate behavioral goals and criteria for your supervisees.
- You can ask your boss or another supervisor to observe you or a videotape of you supervising your supervisees.
- You can conduct regular evaluations from your supervisees. A few examples of questions you can ask your supervisees:
1. On a scale of 1-4, how satisfied were you with my supervision overall?
2. Did I use enough positive reinforcement for you?
3. Did you like the way I provided corrective feedback?
6.0 Behavior Analysts’ Ethical Responsibility to the Profession of Behavior Analysis
-You have an OBLIGATION to the science of behavior and the profession of behavior analysis.
-What does OBLIGATION mean here?
OBLIGATION means we are OBLIGATED first to place our field over other fields and to science.
6.01 Affirming Principles
- Above all other professional training, you uphold and advance the values, ethics, and principles of the profession of behavior analysis.
- You have an obligation to participate in behavior-analytic professional and scientific organizations or activities.
6.02 Disseminating Behavior Analysis
-You promote behavior analysis by asking information about it available to the PUBLIC through presentations, discussions, and other media.
-How would we accomplish this as a field?
Stop talking in our technique language.
Give speeches in everyday English to attract public interest.
7.0 Behavior Analysts’ Ethical Responsibility to Colleagues
- You work with colleagues within the profession of behavior analysis and from other professions and must be aware of these ethical obligations in all situations.
- Reporting abuse can come up in our field: When to Report or Not Report Abuse?
- To Report: You have firsthand evidence of an abuse (i.e., you saw it yourself).
- NOT to Report: You have secondhand evidence of an abuse (i.e., rumor).
7.01 Promoting an Ethical Culture
- You promote an ethical culture in your work environments and make others aware of this Code.
- This involves making sure you: Act ethically and manage other professionals and your staff to act ethically too.
7.02 Ethical Violations by others and Risk of Harm
-If you believe that a=may be a LEGAL OR ETHICAL VIOLATION, you:
FIRST determine whether there is potential for harm, a possible legal violation, a mandatory-reporting condition, or an agency, organization, or regulatory requirement addressing the violation.
If a client’s LEGAL RIGHTS ARE BEING VIOLATED, or if there is the potential for harm, you must take the necessary action to protect the client, including, but not limited to:
- Contacting relevant authorities,
- Following organizational policies,
- Consulting with appropriate professionals, and
- Documenting your efforts to address the matter.
If an INFORMAL resolution appears appropriate and would NOT violate any confidentiality rights, you:
- Attempt to resolve the issue by bringing it to the attention of that individual and
- Document your efforts to address the matter.
If the matters meets the reporting requirements of the BACB, you:
-Submit a formal compliant to the BACB.
8.0 Public Statements; 8.01 Avoiding False or Deceptive Statements
-You do NOT make PUBLIC STATEMENTS that are FALSE, DECEPTIVE, MISLEADING, EXAGGERATED, or FRADULENT, either because of: what you state, convey, or suggest or because of what you omit, concerning your research, practice, or other work activities or those of persons or organizations with which you are affiliated.
- Non-behavior-analytic services may ONLY be provided within the context of non-behavior-analytic education, formal training, and credentialing.
- You must clearly distinguish these services from your behavior-analytic practices and BACB certification by using the following DISCLAIMER BELOW. The disclaimer should be placed alongside the names and descriptions of all non-behavior-analytic interventions: “These interventions are not behavior-analytic in nature and are not covered by my BACB credential.”
- You do NOT ADVERTISE non-behavior-analytic services as being behavior-analytic.
You Do NOT Implement NON-Behavior-Analytic Interventions
For billing, invoices, or requests for reimbursement, and providing services under certain authorizations, you:
- Do NOT identify non-behavior-analytic services as behavior-analytic services.
- Behavior analysts do not implement non-behavior-analytic services under behavior-analytic service authorizations.
8.02 Intellectual Property
- You obtain permission to use trademarked or copyrighted materials as required by law. This includes:
Providing citations (including trademark or copyright symbols on materials that recognize the intellectual property of others). - When delivering lectures, workshops, or other presentations, you:
Give appropriate credit to authors.
- If you engage others to promote your professional practice, products, or activities publicly, you are responsible for those statements.
- You try to PREVENT others whom you do not oversee (e.g., employers, publishers, sponsors, organizational clients, and representatives of the print or broadcast media, etc.) from: Making deceptive statements concerning your practices or professional or scientific activities.
- If you learn of deceptive statements about your work made by others, you: CORRECT SUCH STATEMENTS.
- If you put out a PAID ADVERTISEMENT relating to your activities, you: MUST identify it as paid (unless it is apparent from the context).
8.03 Statements by Others
- If you use ELECTRONIC MEDIA (e.g., video, e-learning, social media, electronic transmission of information, etc.) you: Obtain and maintain knowledge regarding the security and limitations of electronic media in order to adhere to this Code.
- When you make public statements or deliver presentations using electronic media: Do not disclose personally identifiable information concerning your clients, supervisees, students, research participants, or other recipients of your services that you obtained during the course of work (unless you got their written consent).
- When you deliver presentation electronically: Disguise confidential information concerning participants, whenever possible, so that they are not identifiable to others and so that discussions do not cause harm to participants.
- When you provide public statements, advice, or comments by means of public lectures, demonstrations, radio or television programs, electronic media, articles, mailed material, or other media, you take reasonable precautions to ensure that: 1. The statements are based on appropriate behavior-analytic literature and practice. 2. The statements are otherwise consistent with this Code. 3. The advice or comment does not create agreement for service with the recipient.
8.04 Media Presentations and Media-Based Services
8.05 Testimonials and Advertising
-You do NOT SOLICIT OR USE TESTIMONIALS about services from current clients for publication on your webpages or in any other electronic or print material.
If you use testimonials:
-Testimonials from former clients must identify whether they were solicited or unsolicited, include an accurate statement of the relationship between you and the author of the testimonial, and comply with all applicable laws about claims made in the testimonial.
You MAY ADVERTISE by:
- Describing the types of evidence-based services you provide.
- Describing the qualifications of your staff.
- Describing objective outcome data you have accrued or published, in accordance with applicable laws.
You DO NOT engage (directly or through agents) in UNINVITED IN-PERSONS SOLICITATION of business from actual or potential users of services who, because of their particular circumstances, are vulnerable to undue influence.
-With organizational behavior management (OBM) or performance management services, you: May market to corporate entities regardless of their projected financial position.
8.06 In-Person Solicitation
9.0 Behavior Analysts and Research
-You design, conduct, and report research in accordance with recognized standards of scientific competence and ethical research.
Any data-based activity designed to generate generalizable knowledge for the discipline, often through professional presentations or publications. The use of an experimental design does NOT by itself constitute research. Professional presentation or publication of already collected data are exempt from elements in section 9.0 Behavior Analysts and Research that pertains to prospective research activities.
The Code’s Definition of Research
9.01 Conforming with Laws and Regulations
- You plan and conduct research in a manner consistent with all applicable laws and regulations, as well as professional standards governing the conduct of research. You also comply with other applicable laws and regulations relating to mandated-reporting requirements.
- This involves: That you are aware of and follow the applicable laws of their state and/or country.
-You conduct research ONLY AFTER APPROVAL BY AN INDEPENDENT, FORMA RESEARCH REVIEW BOARD.
-When you conduct APPLIED RESEARCH CONJOINLY with provision of clinical or human services: You must comply with requirements for BOTH intervention and research involvement by client/participants.
-When research and clinical needs conflict, you: Prioritize the welfare of your client.
-You conduct research competently and with due concern for the dignity and welfare of the participants.
You plan your research so as to MINIMIZE THE POSSIBILITY THAT RESULTS WILL BE MISLEADING.
-You ONLY CONDUCT RESEARCH INDEPENDENTLY AFTER YOU HAVE SUCCESSFULLY CONDUCTED RESEARCH UNDER A SUPERVISOR IN A DEFINED RELATIONSHIP (e.g., thesis, dissertation, specific research project, etc.).
-You, who conduct research, take necessary steps to maximize benefit and minimize risk to your clients, supervisees, research participants, students, and others with whom you work.
-You MINIMIZE the effect of personal, financial, social, organizational, or political factors that might lead to misuse of your research.
-You AVOID CONFLICTS OF INTEREST when conducting research.
-You MINIMIZE INTERFERENCE WITH the participants or environment in which research is conducted.
9.02 Characteristics of Responsible Research
If an ethical issues is unclear, you seek to resolve the issues through:
- Consultation with independent, formal research review boards,
- Peer consultations, or
- Other proper mechanisms
If you learn of misuse or misrepresentation of your individual work products, you:
Take appropriate steps to correct it.
- They are permitted to perform only those tasks for which they are appropriately trained and prepared.
- You are responsible for the ethical conduct of research conducted by assistants or by others under your supervision or oversight.
Regarding your researchers and assistants:
9.03 Informed Consent
-You inform participants (or their guardian or surrogate) in understandable language about:
The nature of the research
They are free to participate
To decline to participate
To withdraw from the research at any time without
penalty.
Any significant factors that may influence their
willingness to participate.
-You answer any questions participants may have about the research.
- BEFORE any assessment or treatment is provided, the potential recipients of services or participants in a research study gives their explicit permission.
- It requires more than just getting permission.
- Permission must come after full disclosure and information is given to the clients.
EXTRA INFO FOR THE EXAM ABOUT INFORMED CONSENT
EXTRA INFO FOR THE EXAM ABOUT INFORMED CONSENT: Information to give to clients to ensure informed consent:
- Confidentiality and its LIMITS
- Provider qualifications
- Risks and benefits of treatment
- Nature of procedure and ALTERNATIVES.
- Logistics
- Anything to do with fees (e.g., costs, insurance, etc.)
- Means of communication/contract.
- Cancellation policies.
- Termination of services
- Responsibilities of analyst and client.
Three (3) Required Elements to Ensure Informed Consent: CVK
- Capacity: The person must show the capacity to decide.
- Voluntary: The person’s decision must be voluntary.
- Knowledge (Informed): The person must have adequate knowledge of all salient aspects of the treatment
9.04 Using Confidential Information for Didactic or Instructive Purposes
- You do not disclose personal identifiable info concerning your individual or organizational clients, research participants, or other recipients of your services that you obtained during the course of your work, unless the person or organization has consented in writing or unless there is other legal authorization for doing so.
- You disguise confidential info concerning participants, whenever possible, so they are not identifiable to other and so that discussions do not cause harm to identifiable participants.
You inform participants that DEBRIEFING will occur at the end of the participant’s involvement in the research.
DEBRIEFING INVOLVES:
-Keeping your participants naive to the purposes of your research so as not to bias their responses.
-Before you start your study, you tell participants that debriefing will happen after the study.
-After the study is over, you debrief your participants about the nature and purpose of the study and answer any questions they may have.
9.05 Debriefing
9.06 Grant and Journal Reviews
- If you serve on grant review panels or you are a manuscript reviewer, you: Avoid conducting any research described in grant proposals or manuscripts that you reviewed, except as replications fully crediting the prior researchers.
- Translations: If you ever work on behavior analytic journals (e.g., JABA, JEAB, etc.) or read grants to review their research, you can’t steal their ideas fr your own research and you have to keep all the information secret.
9.07 Plagiarism
- You fully cite the work of others where appropriate.
- You do not not present portions or elements of another’s work or data as your own.
- How you acknowledge the contributions of others to research: You include them as co-authors or footnote their contributions.
- Publication credits: Principal authorship: Accurately reflects the relative scientific or professional contributions of the individual involved, regardless of their relative status. - Minor contributions to the research or to the writing for publications: Acknowledge appropriately (e.g., in a footnote or introductory statement).
9.08 Acknowledging Contributions
- You do not fabricate data or falsify results in your publication.
- If you discover errors in your published data: You take steps to correct such errors in a correction, retraction, erratum, or other appropriate publication means.
- You DO NOT OMIT FINDINGS that might alter interpretations of your work.
- You DO NOT PUBLISH, as original data: Data that have been previously published.
- After research results are published, you: DO NOT WITHHOLD THE DATA on which your conclusions are based from other competent professionals who seek to verify the substantive claims through reanalysis and who intend to use such data only for that purpose, provided that the confidentiality of the participants can be protected and unless legal rights concerning proprietary data preclude their release.
9.09 Accuracy and Use of Data
10.0 Behavior Analysts’ Ethical Responsibility to the BACB
You must adhere to Code and all rules and standards of the BACB.
10.01 Truthful and Accurate Information Provided to the BACB
- You only provide truthful and accurate information in applications and documentation submitted to the BACB.
- When you submit your application to the BACB, they check in detail to make certain you are providing the truth to them.
- You ensure that inaccurate information submitted to the BACB is IMMEDIATELY CORRECTED.
You must comply with all BACB DEADLINES including, but not limited to, ensuring that the BACB is notified within 30 days of the date of any of the following grounds for sanctioning status: a.) A violation of this Code, or disciplinary investigation, action or sanction, filing of charges, conviction or plea of guilty or nolo contendere (i.e., a guilty plea of no contest) by a governmental agency, healthcare organization, third-party payer, or educational institution. b.) Any public health-and safety-related fines or tickets where you are named on the ticket (e.g., DUIs, reckless driving, speeding tickets). c.) A physical or mental condition that would impair your ability to competently practice (e.g., drug/alcohol abuse, psychiatric/psychological issues). d.) A change in address, name, or email contact.
10.02 Timely Responding, Reporting, and Updating of Information Provided to the BACB
IF YOU ARE CONVICTED OF A FELONY directly related to behavior analysis practice and/or public health and safety, you:
-Shall be INELIGIBLE TO APPLY FOR BACB REGISTRATION, CERTIFICATION, OR RECERTIFICATION for a period of….. 3 YEARS from: the exhaustion of appeals, completion of parole or probation, or final release from confinement (if any), whichever is later.
- You do not infringe on the BACB’s intellectual property rights, including, but not limited to the BACB’s right to the following: a.) BACB logo, ACS logo, ACE logo, certificates, credentials, and designations, including, but not limited to, trademarks, service marks, registration marks, and certification marks owned and claimed by the BACB.
- BACB copyrights to original and derivative works, including, but not limited to, BACB copyrights to standards, procedures, guidelines, codes, job task analysis, workgroup reports, surveys.
- BACB copyrights to all BACB-developed examination questions, item banks, examination specifications, examination forms, and examination scoring sheets, which are secure trade secrets of the BACB.
10.03 Confidentiality and BACB Intellectual Property
- You adhere to all rules of the BACB, including the rules and procedures required by BACB approved testing centers, examination administrators, and proctors.
- You MUST IMMEDIATELY REPORT SUSPECTED CHEATERS and any other irregularities relating to the BACB examination administrations to the BACB.
10.04 Examination Honesty and Irregularities
Examination irregularities include, but are not limited to:
-Unauthorized access to BACB examinations or answers sheets.
-Copying answers.
-Permitting another to copy answers.
-Disrupting the conduct of an examination.
-Falsifying information, education or credentials.
Providing and/or receiving unauthorized or illegal advice about or access to BACB examination content before, during, or following the examination.
10.05 Compliance with BACB Supervision and Coursework Standards
-You ensure that coursework (including CEUs), supervised experience, RBT training nd assessment, and BCaBA supervision are conducted in accordance with the BACB’s standards if these activities are intended to comply with BACB standards.
- You have an obligation to be familiar with this Code, other applicable ethics codes, including, but not limited to, licensure requirements for ethical conduct, and their applications to your work.
- If you are a BCBA, who lives in a state in which they LICENSE BCBAs, you must also be familiar and adhere to your state’s licensing code of ethics that governs BCBAs.
- Lack of awareness or misunderstanding of a conduct standard is not itself a defense to a charge of unethical conduct.
10.06 Being familiar with this Code
- If a practitioner is misrepresenting BACB certification or registration status, you: Report non-certified (and, if applicable, non-registered) practitioners to the appropriate state licensing board and to the BACB.
- People may use FAKE but confusingly similar terms.
- Even these FAKES should be reported to the REAL BACB.
10.07 Discouraging Misrepresentation by Non-Certified Individuals
The BACB has TWO (2) Committees to Manage Ethical Issues and Complaints
1st: Legal Department of BACB gets an Ethical Complaint
2nd: They Determine if it Should be Thrown out or Acted Upon
3rd: If the Legal Department decides to act on the Ethical Complaint Received, they send to 1 of these 2 Ethical Departments below:
a. ) The CODE COMPLIANCE COMMITTEE: Deals with less serious complaints, Focuses on giving feedback to the person in question and remedial actions.
b. ) The DISCIPLINARY REVIEW COMMITTEE: Deals with more serious complaints; Focuses on disciplinary sanctions for the person.
- Association for Behavior Analysis (ABA).
- Requires that assessment and educational interventions:
1. Are based on research demonstrating effectiveness.
2. Address functional relations between behavior and environment.
3. Are monitored and evaluated on a systematic and ongoing basis.
4. Be only considered when they are likely to be effective, based on empirical evidence and assessment results.
The Right to Effective Education (Barret et al. 1991)
Ethical Principles of Psychologists and Code of Conduct
- American Psychological Association (APA); 2010.
- The Association for Behavior Analysts has adopted the American Psychological Association’s Code of Ethics.
- Five (5) general ethical principles: A. Beneficence (i.e., Doing Good) and Nonmaleficence (i.e., Do No Harm); B. Fidelity and Responsibility; C. Integrity; D. Justice; and E. Respect for People’s Rights and Dignity.
Association for Behavior Analysis (ABA).
- Entails rights of people receiving ABA services and how we can make sure clients are served appropriately.
- Six Basic Client Rights:
1. Therapeutic environment.
2. Most effective interventions available.
3. Treatment by a competent behaviorist.
4. Ongoing evaluation and assessment.
5. Teach functional skills.
6. Goal is personal welfare.
The Right to Effective Behavioral Treatment (Van Houten et al. (1988))
As of January 1, 2015: (AKA: Continuing Education CEs)
Length of Certification Cycle: 2 years
# of Required CEUs per 2-year Recertification Cycle: BCBA/BCBA-D: 32hrs & BCaBA: 20hrs
Ethics CEUs Required: All certificants will need to obtain 4 hours per cycle in ethics.
BCBAs/BCBA-D Supervising Individuals Pursuing BACB Certification or the Ongoing Practice of BCaBAs: 3hrs of continuing education per recertification cycle as part of the 32-hour requirement.
Continuing Education Units (CEUs)
What is the Difference Between Renewal and Recertification?
- RENEWAL: Yearly; Keeps your information current in the BCBAs records and ensures your continued compliance with BACB policies.
- RECERTIFICATION: Every 2 Years; Requires you to report that you have met the CEU requirements.
- Don’t send in your CE documentation unless you’re
audited when you recertify.
- Don’t send in your CE documentation unless you’re
- Court-appointed person through a LEGAL process.
- This person usually is a family member or close friend of the client.
- This person would usually talk to the client about what the client wants and manage affairs, such as going to the dentist, getting check-ups, annual examinations, etc.
SURROGATE Consent
- Court appointed person through a LEGAL process.
- This person is usually not a family member or close friend of the client; usually an objective, neutral person.
- This person would be assigned when there are problems, such as the client resisting medical treatments.
- This person is someone who could make an informed decision that is not based in personal interest.
- This person helps to protect the client from being forced into unnecessary medical treatments or from personal expectations from family members (like a Surrogate may be).
GUARDIAN Consent
Ethical Checklist: Deciding to Accept or Reject a Case?
2 Main Questions to Ask Yourself:
- ) Is the Problem Amenable to Behavior Treatment?
2. ) Is the Proposed Intervention Likely to be Successful?
- A court ruling in Alabama that led to 2 provisions:
a. ) The institution in question is required to significantly improve the standards of care, and
b. ) A national standard for minimally adequate care for patients in mental institutions.
HINT: Sticky (STICKNEY) Food
Court Rulings and Laws: Wyatt V. Stickney (1972)
Court Rulings and Laws: Wyatt V. Stickney (1972)-Remember for the Exam:
The ruling protects a client’s right to food, privacy, and basic activities and these basic rights do not need to be earned.
A court ruling in Tennessee. A jail inmate sued the prison for cruel and unusual punishment. Specifically, overly long periods of time in solitary confinement.
Court Rulings and Laws: Hancock V. Avery (1969)
Court Rulings and Laws: Hancock V. Avery (1969)-For the Exam, REMEMBER:
The ruling protects a client by LIMITING the DURATION of and PLACING CONDITIONS on the use of a TIME-OUT procedure. (UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE, NASHVILLE DIVISION)
- A law ensuring services to children with disabilities throughout the nation. IDEA governs how states and public agencies provide early intervention, special education and related services to more than 6.5 million eligible infants, toddlers, children, and youth with disabilities.
- Infants and toddlers with disabilities (ages birth-2 years) and their families receive early intervention services under IDEA Part C.
- Children and youth (ages 3-21 years) receive special education and related services under IDEA Part B.
-Court Rulings and Laws: Individuals with Disabilities Education Act (IDEA)
Court Rulings and Laws: Individuals with Disabilities Education Act (IDEA)- REMEMBER for the Exam:
- A free appropriate public education. Does not require that education be state-of-the-art.
- Have an individualized education.
- Their parents having rights, such as an equal say in IEP meetings and the right to request due process if an agreement is not reached.
-A law that protects s person’s PERSONAL HEALTH INFORMATION (PHI), including medical records by: providing both electronic and physical security for a person’s records, requiring the minimum necessary amount of use and disclosure, specifying a patient’s rights to approve the access and use of his/her medical information.
Court Rulings and Laws: Health Insurance Portability And Accountability Act (HIPPA)
Court Rulings and Laws: Health Insurance Portability And Accountability Act (HIPPA)-For the Exam, REMEMBER:
- HIPPA is a FEDERAL LAW that restricts an entity’s ability to disclose and/or protect health information.
- HIPPA applies to a covered entity (CE).
- HIPPA Law requires that all employees receive training in HIPPA policies and specific protocols, which may affect the work you do. This applies to anyone who looks at, uses, or shares Personal Health Information (PHI).
FOR THE EXAM, REMEMBER: Acceptable characteristics of treatment environments:
- Engaging in humane environment.
- Functional skills: Observed evidence of training and progress.
- Behavior problems eliminated: Individualized definitions, not arbitrary labels and programs.
- Least restrictive.
- Stable: Consistent and predictable; schedules, staff, etc.
- Safe: Adequate supervision, peer review, programs based on function.
- Client chooses the environment; client choices are offered.
Court Rulings and Laws: Favell And McGimsey (1993)
DON’T FORGET THE ORIGINAL AND CONTINUING PROMISE OF ABA:
THE APPLICATION OF EXPERIMENTAL ANALYSIS OF BEHAVIOR TO PROBLEMS OF SOCIAL IMPORTANCE!!!
