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Ethics for Behavior Analysts

Tis fully updated fourth edition of Jon S. Bailey and Mary R.


Burch’s bestselling Ethics for Behavior Analysts is an invaluable
guide to understanding and implementing the newly revised
Behavior Analyst Certifcation Board® (BACB) Ethics Code for
Behavior Analysts.
Featured in this new edition are explanations of each code
standard along with case studies drawn from questions submitted
to Bailey’s ABA Ethics Hotline (with permission of the writers
of the cases) along with edited responses. New chapters include
signifcant changes in this code, an elaboration of the core ethical
principles, and the distinction between a client and stakeholder.
Further new features include a chapter on ethical decision-
making, including fowcharts demonstrating how to arrive at
ethical decisions. Additional new chapters focus on fnding an
ethical place to work, an updated code of ethics for organizations,
and how to fle a Notice of Alleged Violation.
Tis text is the go-to ethics resource for behavior analysts in
training and in practice.

Jon S. Bailey, PhD, BCBA-D, is Emeritus Professor of Psychology


at Florida State University, where he has taught for over 50 years.
Currently, he teaches ethics and other graduate courses for
behavior analysts. He was a founding director of the Behavior
Analyst Certifcation Board® and is past president of the Florida
Association for Behavior Analysis.

Mary R. Burch, PhD, BCBA-D, is a Board Certifed Behavior


Analyst®. She has more than 25 years’ experience in developmental
disabilities. She has been a behavior specialist, QMRP, unit director,
and consulting behavior analyst in developmental disabilities,
mental health, and preschool settings.
“Tis book is an essential resource for behavior analytic ethics courses. Te way
that the fourth edition highlights the changes made in the 2022 version of the
Behavior Analyst Certifcation Board® Ethics Code is invaluable and so helpful
for anyone who uses the text. Te presentation of considerations and a decision-
making fowchart provides such a pragmatic way to solve ethical dilemmas.”
Adel C. Najdowski, PhD, BCBA-D, Associate Professor,
Pepperdine University

“Te 4th edition of Ethics for Behavior Analysts is a must read for all behavior
analysts. Professors, students, and practitioners have relied on Drs. Bailey
and Burch as well-established experts in the areas of ethics and professional
behavior in the feld of ABA for years and will be well-served continuing to do
so with the latest edition to this textbook.”
Stephanie Kuhn, PhD, LP, LBA, BCBA-D, Associate Professor;
Program Coordinator, Applied Behavior Analysis Program,
Western Connecticut State University

Praise for the previous edition:


“Ethics for Behavior Analysts, 3rd Edition by Bailey and Burch is another winner.
It covers all the essential elements of ethics in an accessible and comprehensive
manner. With valuable new chapters, the most up-to-date information, and
numerous case examples that facilitate a problem-solving approach to ethical
issues, this book is an invaluable resource. Students and professionals in behavior
analysis should keep it close at hand.”
Raymond G. Miltenberger, PhD, BCBA-D,
Professor, University of South Florida

“Tis book is the ‘go-to’ ethics book for our feld of applied behavior analysis.
Bailey and Burch handle the universe of ethics with a perfect touch. Ranging
from formal presentation of ethical requirements, to real-life examples that all
readers will relate to, this book will raise the awareness of ethics and ethical
conduct, which in turn will increase the chances that the clients who we serve
will be treated humanely and safely.”
Tomas Zane, PhD, BCBA-D, Institute
for Behavioral Studies, Endicott College

“Bailey and Burch bring clarity to the BACB Professional and Ethical
Compliance Code through cogent discussion of each element and thought-
ful consideration of the myriad issues facing practicing behavior analysts.
Practitioners of all levels will fnd valuable insight from numerous examples
of real-life ethical dilemmas.”
Dorothea C. Lerman, PhD, BCBA-D,
University of Houston, Clear Lake
Ethics for Behavior Analysts

Fourth Edition

Jon S. Bailey and Mary R. Burch


Cover image: Cover Design by CuneoCreative.com
Fourth edition published 2022
by Routledge
605 Tird Avenue, New York, NY 10158
and by Routledge
4 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN
Routledge is an imprint of the Taylor & Francis Group, an informa business
© 2022 Taylor & Francis
Te right of Jon S. Bailey and Mary R. Burch to be identifed as authors of this work has been
asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.
All rights reserved. No part of this book may be reprinted or reproduced or utilised in any
form or by any electronic, mechanical, or other means, now known or hereafer invented,
including photocopying and recording, or in any information storage or retrieval system,
without permission in writing from the publishers.
Trademark notice: Product or corporate names may be trademarks or registered trademarks,
and are used only for identifcation and explanation without intent to infringe.
First edition published by Routledge 2005
Tird edition published by Routledge 2016
Library of Congress Cataloging-in-Publication Data
A catalog record for this book has been requested

ISBN: 978-1-032-05644-9 (hbk)


ISBN: 978-1-032-05642-5 (pbk)
ISBN: 978-1-003-19855-0 (ebk)
DOI: 10.4324/9781003198550

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Access the Support Material: www.routledge.com/9781032056449


Tis 4th edition of our Ethics for Behavior Analysts book is dedi-
cated to the memory of my dear friend and colleague, Gerald L.
“Jerry” Shook, PhD, BCBA-D (1948–2011). You had a vision of a
profession of behavior analysis and created the Behavior Analyst
Certifcation Board as an instrument to bring it to life. You advo-
cated for a code of ethics from the very beginning and encouraged
me to promote it. You changed my life.
—Jon Bailey, BCBA-D

Photo of Jerry Shook


Contents
Preface to the Third Edition ix
Preface to the Fourth Edition xiii
Acknowledgments xv
Disclaimer xvii

UNIT I Background for Ethics in Behavior Analysis


Chapter 1 How We Got Here 3
Chapter 2 Changes to the 2022 Ethics Code 15
Chapter 3 Everyday Ethical Challenges for Average
Citizens and Behavior Analysts 29

UNIT II Understanding the Ethics Code for


Behavior Analysts
Chapter 4 Core Principles and Distinction of Client
Versus Stakeholder 39
Chapter 5 Ethical Decision-Making: Simple Ethical
Questions Versus Complex Ethical
Dilemmas 51

vii
viii • Contents

UNIT III Ethics Standards


Chapter 6 Section 1: Responsibility as a Professional 69
Chapter 7 Section 2: Responsibility in Practice 123
Chapter 8 Section 3: Responsibility to Clients and
Stakeholders 173
Chapter 9 Section 4: Responsibility to Supervisees and
Trainees 211
Chapter 10 Section 5: Responsibility in Public Statements 247
Chapter 11 Section 6: Responsibility in Research 273

UNIT IV Professional Skills for Ethical Behavior


Analysts
Chapter 12 Delivering the Ethics Message Effectively 307
Chapter 13 Using a Declaration of Professional Practices
and Procedures for Behavior Analysts 323
Chapter 14 Finding an Ethical Place to Work 335
Chapter 15 Practical Tips for Ethical Conduct on
Your First Job 349
Chapter 16 A Code of Ethics for Professional
Organizations 371
Chapter 17 Reporting a Behavior Analyst via Notice
of Alleged Violation 379

Appendix A: Glossary 393


Index 399
Preface to the
Third Edition

M y frst experience in ethics came when I was a graduate stu-


dent in psychology in the late 1960s. I was working with a
profoundly developmentally disabled young man who was con-
fned to a heavy metal crib in the small ward of a private institu-
tion in Phoenix, Arizona. Blind, deaf, non-ambulatory, and not
toilet trained, my “subject” engaged in self-injurious behavior vir-
tually all day long. His head-banging behavior against the metal
bars could be heard 25 yards away and greeted me each time I
entered his depressing, malodorous living unit. Day afer day, I sat
by his crib taking notes on a possible thesis concerning how one
might try to reduce his chronic self-injurious behavior or SIB (we
called it self-destructive behavior in those days). Afer a few infor-
mal observation sessions, and reading through his medical chart,
I had some ideas. I set up a meeting with one of my committee
members, Dr. Lee Meyerson, who was supervising the research at
the facility. “I’m observing a subject who engages in self-destruc-
tive behavior,” I began. “He hits his head 10 to 15 times per min-
ute throughout the day. I’ve taken informal data at diferent times

ix
x • Preface to the Tird Edition

of the day, and I don’t see any consistent pattern,” I ofered. Dr.
Meyerson let me go on for about 10 minutes, nodding and occa-
sionally taking a puf on his pipe (smoking was allowed every-
where in those days). Ten he stopped me abruptly and, gesturing
with his pipe, began to ask me questions that I had never thought
about. Did I know my “subject’s” name? Did I have permission to
observe and report on this individual? Who gave me permission
to look at this medical record? Had I discussed this case with any
of my graduate student colleagues or shown the data in class? I
had no good answers to any of Dr. Meyerson’s questions. I wasn’t
thinking of my “subject” as a person, only as a source of data for
my thesis. It never dawned on me that “Billy” had rights to privacy
and confdentiality and that he needed to be treated with dignity
and respect, not as just another “subject” to help me complete a
degree requirement. As it turns out, Dr. Meyerson was ahead of
his time in grilling me with ethical questions that would not be
addressed in legal circles for another ten years (see Chapter 1).
Dr. Meyerson’s questions helped sensitize me to looking at what
I was doing from an extra-experimental perspective. How would
I like to be treated if I was a subject in someone’s experiment? Or
how would I want my mother or sister to be treated? “With kind-
ness, compassion and respect” is no doubt the quick response that
most of us would ofer. And so it is that ethics in psychology, and
particularly in behavior analysis, can be easily personalized and
made tangible if we will just stop and think about what we are doing.
Students today have a great advantage over my generation. We
had no code of ethics to guide us; we had one foot in the animal
lab and one in the world of academia, and we were trying to fg-
ure out how to transform powerful operant conditioning prin-
ciples into efective treatments. It didn’t dawn on us at the time
that ethics was involved at all, until, of course, we encountered
Dr. Meyerson. Today, graduate students in behavior analysis
have nearly 50 years of applied research and practice to fall back
on (and to learn from and be held accountable for knowing). In
addition, they have a wealth of resources on ethics, including
Preface to the Tird Edition • xi

case law and precedent-setting legal fndings. Finally, students


today have a perfectly legitimate, thoroughly researched, and
well-vetted ethics code specifcally designed for our feld. Te
current version of this document is the BACB Ethics Code for
Behavior Analysts. In teaching the graduate course “Professional
and Ethical Issues in Behavior Analysis” for the past 15 years, I
have learned a great deal about the ethical issues that appear to
be unique to our feld and have been developing lectures and try-
ing to discover ways of making ethics interesting, informative,
and engaging for students who do not quite see the relevance or
appreciate our cautious approach. One thing I’ve discovered is
that although we now have an excellent ethics code, it is some-
what dry and by itself, it does not convey the urgency and rele-
vance that it should. Reading the Code is something like reading
instructions for computer sofware: it’s clearly important, but
you would rather just start using it.
Years ago, I was scheduled to give a half-day workshop at Penn
State on ethics at the urging of Dr. Jerry Shook. In the process of
preparing my materials, I wondered what kind of ethical ques-
tions the participants might have. Dr. Shook arranged in advance
to have each participant write and submit to us two questions or
“scenarios” that they had confronted in the work setting. When I
got the questions, I realized that reading the scenarios suddenly
made the ethical issues jump right of the page. I began trying to
look up the correct responses (according to what was then called
the BACB Guidelines), and this turned out to be quite difcult.
Something was missing. An index of some sort would help, but
none was available that I could fnd. Several all-nighters later, I had
developed one. By the time Dr. Shook and I traveled to the confer-
ence, I had a new approach to teaching ethics. It involved present-
ing scenarios, having the students look up the relevant sections in
the Guidelines for Responsible Conduct, and then having them
present their proposed ethical actions. Tis approach teaches stu-
dents that sometimes broad, ethical considerations always come
down to some specifc code items. My experience in using this
xii • Preface to the Tird Edition

method over the past several years is that it brings the topic to life
and generates excellent discussions of very relevant issues.
One troubling problem I encountered in teaching the “Ethics
for Behavior Analysis” course was that specifc code items were
ofen very much out of context or written in such stilted legal-
ese that students did not understand why they were necessary or
how they were relevant. I found myself ofen “translating” spe-
cifc items into plain English. Tis process, along with providing
some historic context and background about how and why certain
items were important in our feld, seemed to increase the level of
understanding for the students.
Tis book, then, is the culmination of this attempt to present a
practical, student-centered approach to teaching ethics in behav-
ior analysis. All of the cases are based on real examples but edited
so as to avoid embarrassment or legal hassles, and the authors of
the cases gave permission for their use (those in quotation marks
are direct quotes from submitted cases). In addition, for each case,
there is a commentary at the end of each chapter.
A fnal word about using this volume: this text is intended to
be a practical handbook, and we specifcally attempted to avoid
making this an academic or theoretical work. Many people
teaching ethics courses will routinely have students read the US
Constitution, view One Flew Over the Cuckoo’s Nest, and research
their state laws on limits of treatment, requirements for keep-
ing documents, maintaining confdentiality, and other relevant
issues. My experience is that it takes some creative digging to
fnd relevant readings. Exposing students to a variety of sources,
from Skinner and Sidman to Association for Behavior Analysis
International (ABAI) position statements, is useful in preparing
them to tackle the world of ethical issues they will confront. We
have tried to summarize what we consider the most important
and pressing issues for new Board Certifed Behavior Analysts
(BCBAs) in Chapter 15, “A Dozen Practical Tips for Ethical
Conduct on Your First Job.” We hope you enjoy using this book
and welcome input and dialogue on efective ways of teaching this
most important topic.
Preface to the
Fourth Edition

M uch has happened in the world of behavior analysts in the


last fve years. Te profession has nearly doubled in size,
and the demand for services has totally outstripped our ability
to provide qualifed therapists, supervisors, and administrators.
Economic pressures have come into play, as government agencies
and insurance companies are tightening the purse strings, mak-
ing it harder and harder to get reimbursement for services, while
more and more families are desperate to receive the Association
for Behavior Analysis International (ABAI) gold standard treat-
ment for their loved one. Tere is a concern in many agencies that
new behavior analysts are not being trained as thoroughly as they
have been in the past in part due to the pressure to rush them out
the door. Tis demand may have come at the cost of thorough
hands-on training at practicum sites. Tere is an equal fear that
new graduates are not receiving intensive enough training in the
ethics of service delivery and even the basic principles and worldview
of behavior analysis. Others are pointing out that trainees in ABA
are not being properly schooled in cultural responsiveness and are

xiii
xiv • Preface to the Fourth Edition

not prepared to deal with diversity issues with their clients and
colleagues. Tis new code deals extensively with these concerns
plus additional questions of exploitative relationships, and a long-
standing and pervasive problem of dual relationships. All these
topics and more are presented in preview format in Chapter 2. As
in the previous edition, we rely heavily on case examples based
on questions submitted to the ABA Ethics Hotline to illustrate
the ethical problems that behavior analysts can expect to encoun-
ter on a weekly basis. It is hoped by studying actual practice and
ethical dilemmas that new Board Certifed Behavior Analysts
(BCBAs) will be better prepared to take on a complex world of
behavior analysis service delivery.

HOW TO USE THIS FOURTH EDITION


Each year, I teach a semester-long graduate course called “Ethics
and Professional Issues for Behavior Analysts.” I use Ethics for
Behavior Analysts for the frst half of the semester, and for the
second half I use 25 Essential Skills for the Successful Behavior
Analyst (Bailey & Burch, 2022). By covering ethics frst, I fnd the
students become sensitized to the new way of thinking about how
they should conduct themselves; then I introduce them to all the
other professional skills they will need to be successful in follow-
ing through with the intent of the new ethics code.
We hope that this fourth edition of Ethics for Behavior Analysts
will be useful as you learn about and teach others about ethics.

—Jon S. Bailey
Acknowledgments

T o paraphrase an African proverb, “It takes a village to write a


book.” I arrived at this conclusion about one month into gath-
ering notes, quotes, references, questions, case examples, and nug-
gets of wisdom from many people that I know, have just met, and
deeply respect. I would frst like to thank those members of the
Ethics Hotline Advisory Committee who contributed directly to
this work. Tomas Zane, Yulema Cruz, Mary Jane Weiss, Noor
Syed, Devon Sundberg, Rosemary Condillac, and Michele Silcox
always responded immediately to my pleas and gave good hon-
est advice. Tom wrote the chapter on research, Yulema tracked
down supervision ethics questions, and the rest wrote responses
to those questions or reviewed draf pages and ofered their exper-
tise graciously on every occasion that I made a request. I would
also like to thank Zack Stevens, a former student who now has his
own ABA agency in Tennessee and who provided sample docu-
ments that could be used to illustrate specifc aspects of the new
ethics code. Other former students who reviewed pages of writ-
ing were Loren Eighme and Hope McNally. Teir experience in
the feld as Registered Behavior Technicians (RBTs) and Board
Certifed Behavior Analysts (BCBAs) added an extra dimension

xv
xvi • Acknowledgments

of authenticity to the book. Robert Wallander and Ken Wagner


helped me sort through the OBM side of the ethics equation.
Lauren Beaulieu educated me about cultural competence. Noor
Syed and Nasiah Cirincione-Ulezi shared their expertise on
cultural humility, which is far more complicated than it sounds.
Elizabeth Zeppernick reviewed drafs of my commentaries on
using testimonials from current and former clients in advertising
and non-advertising campaigns. Two additional former students,
Nikki Dickens and Kolton Sellers, gave me a better understanding
of the ins and outs of social media. Tis book would not have been
possible without all of you—Tank You.
Disclaimer

T his book does not represent an ofcial statement by the


Behavior Analyst Certifcation Board, the Association for
Behavior Analysis International, the Florida Association for
Behavior Analysis, or any other behavior analysis organization
of which the authors are members. Tis text cannot be relied on
as the only interpretation of the meaning of the Ethics Code for
Behavior Analysts or the application of this code to specifc situ-
ations. Each Board Certifed Behavior Analyst, supervisor, or rel-
evant agency must interpret and apply the code as they believe
proper, given all the circumstances.
Te cases used in this book are based on the authors’ combined
75 years of experience in behavior analysis. In all cases, we have
disguised the situations and used pseudonyms to protect the pri-
vacy of the parties and organizations involved. At the end of some
of the chapters, we ofer “Responses to Cases” as examples of real
solutions to the ethical problems posed by the case. We do not hold
these to be the only ethical solutions, but rather, each response
is an example of one ethical solution. We encourage instructors
who use the text to create alternate solutions based on their own

xvii
xviii • Disclaimer

experiences. Finally, we hope that the responses ofered here will


stimulate discussion, debate, and thoughtful consideration about
ways of handling what are by defnition very delicate matters with
possible life-changing consequences.
Unit

One
Background for Ethics
in Behavior Analysis
1
How We Got Here

T here is nothing more shocking and horrifc than the abuse


and maltreatment of innocent people who are unable to pro-
tect and defend themselves. Atrocious incidents of physical and
emotional abuse toward animals, children, women, and elderly
people occur every single day in our culture, and they are ofen
reduced to a few lines in the local news of the daily paper.
Individuals with developmental disabilities can also be the
victims of abuse. Te reprehensible mistreatment of children and
adults with disabilities is especially disturbing when the abuses
come at the hands of your chosen profession. But this is exactly
what happened in Florida in
the early 1970s. Tese abuses
changed the course of his- Aversive consequences
tory for behavior analysis and were used with abandon
the treatment of people with in informal reactions to
disabilities. self-injurious, destructive,
Te story of the evolu-
tion of our Ethics Code for
and inappropriate
Behavior Analysts began in behaviors.
the late 1960s, when “behav-
ior modifcation” was all the rage. Having started only in the mid-
1960s (Krasner & Ullmann, 1965; Neuringer & Michael, 1970;
Ullmann & Krasner, 1965), some of behavior modifcation’s early

3 DOI: 10.4324/9781003198550-2
4 • Background for Ethics in Behavior Analysis

promoters promised dramatic changes in behavior that were quick


and easy to produce and could be carried out by almost anyone
with an attendance certifcate from a daylong “behavior mod”
workshop. People calling themselves “behavior modifers” ofered
rented-hotel-ballroom training sessions in abundance. Tere were
no prerequisites for registering, and no questions were asked about
the speaker’s qualifcations. Te basic pitch was this:

You don’t have to know why a behavior occurs (it was assumed
to be learned—an “operant behavior”); you need to know only
how to manipulate consequences. Food is a primary reinforcer
for almost everybody; just make it contingent on the behavior
you want. For inappropriate or dangerous behavior, use con-
sequences (punishers) to “decelerate” the behavior.

Tere was no consideration given to the notion of “causes” of


behavior or that there might be a connection between a likely
cause and an efective treatment. Further, no thought was given to
possible side efects of using food (e.g., food allergies, weight gain)
or how the food, ofen candy, might be handled. Indeed, Cheerios,
M&Ms, pretzels, and other bite-sized snacks and treats were loaded
in the pockets of the “behavior specialist” in the morning and
used throughout the day as needed (a hungry behavior specialist
might even have a few from time to time). Likewise, aversive con-
sequences were used with abandon in informal, impromptu, and
spontaneous reactions to self-injurious, destructive, and inappro-
priate behaviors. Some staf members were urged to “be creative”
in coming up with consequences. As a result, hot pepper sauces
such as Tabasco and undiluted lemon juice might be seen in the
jacket pockets of staf members who were on their way to work on
“the behavior unit.”
In the early 1970s, “the unit” was frequently a residential facil-
ity for individuals with developmental disabilities who had mod-
erate to severe mental retardation, some physical disabilities, and
troublesome behaviors. It was most likely a former veterans’ or
tuberculosis hospital, which might house 300 to 1,500 “patients.”
How We Got Here • 5

Custodial care was the norm until “behavior mod” came along
and ofered dramatic treatment for severe behavior problems.
With no code of ethics and essentially no restrictions, this “treat-
ment” quickly drifed into fat-out abuse.

THE SUNLAND MIAMI SCANDAL


Te Sunland Training Center in Miami became ground zero for
an abuse investigation that rocked the state of Florida in 1972. Te
center had been plagued by high turnover rates since it opened in
1965, resulting in frequent understafng and low-quality train-
ing. Surprisingly, the majority of staf serving as “cottage parents”
were college students. In 1969, the superintendent resigned under
pressure from an investigation into “allegations of resident abuse.”
It seems that he confned two residents in a “cell improvised from
a large trailer” (McAllister, 1972, p. 2). Ten, in April 1971, the
Florida Division of Mental Retardation and the Dade County
Attorney’s ofce began an intensive investigation of resident abuse
and concluded afer a 6-month inquiry regarding allegations of
“infrequent and isolated cases of abuse” (p. 2) that the superin-
tendent had dealt with the employees involved and taken appro-
priate disciplinary action. One of those professional employees,
Dr. E., challenged his reassignment, and a grievance committee
then uncovered what it considered to be a “highly explosive situ-
ation” involving resident abuse with the apparent knowledge and
approval of top administrators. As a result, seven individuals were
immediately suspended, including the superintendent, the direc-
tor of cottage life, the staf psychologist, three cottage supervisors,
and a cottage parent. Each was charged with “misfeasance, mal-
feasance, negligence, and contributing to the abuse of residents”
(p. 4). Subsequently, Jack McAllister, the director of the State
Health and Rehabilitative Services (HRS) Division of Retardation,
formed a nine-member blue-ribbon panel, the “Resident Abuse
Investigating Committee,” composed of experts in retardation
as well as an attorney, a social worker, a client advocate, and
6 • Background for Ethics in Behavior Analysis

two behavior analysts (Dr. Jack May Jr. and Dr. Todd Risley).
Interviews were set up with more than 70 individuals, including
current staf members, former employees, residents, and relatives
of residents (including one whose son died at Sunland Miami),
with some interviews lasting 10 hours. Te committee also exam-
ined original logs, internal memoranda, a personal diary, and per-
sonnel records.
It seems that Dr. E., a psychologist who had joined the staf
in 1971 and who had presented himself as an expert in behavior
modifcation, had set up a truly ironically named program called
the “Achievement Division” in three cottages, allegedly to study
“some rather esoteric questions of statistical models for economic
analysis” (McAllister, 1972, p. 15). Dr. E., over the next year,
established a “treatment” program that consisted of, or evolved
into, abusive incidents including the following: forced public
masturbation (for residents caught masturbating); forced public
homosexual acts (again for those caught in the act); forced wash-
ing of the mouth with soap (as punishment for lying, abusive lan-
guage, or simply speaking at all); beatings with a wooden paddle
(ten “licks” for running away); and excessive use of restraints,
including one resident who was restrained for more than 24
hours and another who was forced to sit in a bathtub for 2 days.
Restraints were routinely
used as punishment rather
than an emergency method Dr. E. established a
of preventing self-injury. As “treatment” program that
if this were not enough, the consisted of forced public
list of horrifc, systematic masturbation, forced public
abuses goes on: a male client
required to wear women’s
homosexual acts, forced
underpants; excessive use washing of the mouth
of lengthy (e.g., four-hour) with soap, beatings with
seclusions in barren and a wooden paddle, and
unpadded rooms with no excessive use of restraints.
permission to leave to use
How We Got Here • 7

the bathroom; public shaming by forcing a resident to wear a sign


that said “Te Tief”; food or sleep withheld as a form of punish-
ment; another resident forced to hold feces-stained underwear
under his nose for 10 minutes as punishment for incontinence;
and another resident forced to lie on urine-soaked sheets for
repeated incontinence (pp. 10–11).
Te “milieu” of the Achievement Division consisted of an utter
lack of programmed activities, which resulted in “profound bore-
dom and deterioration, unattractive surroundings, complete lack of
privacy, public humiliation, nakedness . . . and lack of any means of
residents to express their grievances” (McAllister, 1972, p. 13). One
resident died from dehydra-
tion, and another drowned
in a nearby canal in his futile These revolting acts of
attempt to escape his cottage abuse were the result of
at Sunland Miami. an attempt by Dr. E. to
At frst glance it might create a “superb behavior
appear that such abuses would
modification program.”
certainly have to be the work
of a few frustrated, angry,
poorly trained employees bent on sadistic acts. However, the
investigation revealed the contrary: these revolting acts of abuse
were the result of an attempt by Dr. E. to create a “superb behav-
ior modifcation program” (McAllister, 1972, p. 14) using routine
“behavior shaping devices” (p. 15). Te committee’s explanation
was that this program “degenerated . . . into a bizarre, abusive,
and inefective system of punishment” (p. 17). In the Achievement
Division, these procedures were systematically applied, condoned
by supervisors and professional staf, and recorded in daily living
unit logs. Te procedures not only were used openly but also were,
at least initially, well researched. Dr. James Lent, a well-respected
expert in behavioral treatment, for example, modeled a token pro-
gram afer one frst developed in Parsons, Kansas. One key ingre-
dient was lef out of this and other aspects of the Achievement
Division: monitoring of individual resident behavior. Rather, the
8 • Background for Ethics in Behavior Analysis

emphasis was on guidelines for treatment that gave the otherwise


poorly trained employees a great deal of latitude in their reactions.
Te three guidelines were as follows: (1) emphasize “natural con-
sequences of behavior”; (2) devise your own immediate response
to problem behaviors that might crop up where no other instruc-
tions apply; and (3) do not threaten; if you verbalize a consequence
to a resident, “follow through on every contingency.”
Te investigating committee was adamant in its observation
that none of the cruel and abusive procedures employed in the
Achievement Division had any basis in the behavior modifcation
literature or “any other modern therapeutic or educational meth-
odology.” Tey went on to suggest that because the cottage where
the abuses took place was totally isolated from outside monitor-
ing, it was entirely possible for “well-meaning but poorly trained
personnel” to try some mild form of these procedures and then
gradually escalate to the bizarre applications that were ultimately
achieved. Each instance was, as noted previously, in a daily log-
book, and, given no corrective action or response, a cottage parent
would naturally assume tacit approval and then perhaps employ a
“slightly more extreme form” of the procedure.

In this way, quite extreme procedures evolved in gradual steps


from spontaneous initiation of less extreme procedures by
the cottage staf, until . . . a pattern had been established of
dealing with recurrent problems by escalating the intensity of
whatever procedures happened to be in use for a particular
resident.
(McAllister, 1972, pp. 17–18)

Tis natural tendency toward “behavior drif” on the part of the


staf is certainly not uncommon in residential treatment facilities.
In the case of Sunland Miami, it was facilitated by a nearly total
lack of monitoring by upper-level management. Te written poli-
cies at Sunland Miami clearly prohibited abusive practices, but
there was no evidence that these were “forcefully communicated”
to employees, and, as was previously mentioned, the facility
How We Got Here • 9

sufered from chronic turnover of staf, so ongoing staf training


was superfcial at best.
Another concern of the investigating committee had to do
with the training and credentials of Dr. E. As it turns out, he had
recently graduated with his doctoral degree from the University
of Florida and then had completed some postdoctoral work at
Johns Hopkins University. He claimed to have worked with some
of the biggest names in the feld. However, when the committee
contacted them, these eminent researchers “vaguely remembered
a brash young man who visited their laboratories on several occa-
sions,” but none would claim him as his student (McAllister, 1972,
p. 19). It must be remembered that Dr. E. was trained in the late
1960s when the feld was in its infancy, and it appeared that the
sky was the limit as far as behavior modifcation was concerned.
Te Journal of Applied Behavior Analysis, the professional jour-
nal of behavior analysis, had frst been published only in 1968, so
there was very little research on the application of behavior prin-
ciples, and there was no code of ethics for behavioral researchers
or practitioners.

RECOMMENDATIONS OF THE BLUERIBBON


COMMITTEE
Te investigating committee took on itself the additional respon-
sibility of making recommendations to hopefully prevent any
future systematic abuses in the name of behavior modifcation in
the state of Florida. Tese included strong support for a statewide
advocacy program in which staf members would be allowed to
make unannounced visits to residential institutions and to col-
lect information from key personnel as well as residents, parents,
staf, and concerned citizens. In addition, the committee recom-
mended professional peer review of all behavior programs to
ensure that treatment was derived from the literature and that
no procedures would be used that were considered “experimen-
tal.” Experimental programs would come under standard review
10 • Background for Ethics in Behavior Analysis

for human experimentation in the HRS Division of Retardation.


Other recommendations of the committee included (1) the pro-
hibition of certain bizarre examples of punishment and (2) aban-
doning seclusion in favor of “positive and appropriate ‘time out’
techniques” (McAllister, 1972, p. 31).

FOLLOWUP
In most cases, a report such as that produced by the blue-ribbon
committee would simply fnd its way to the shelves of state bureau-
crats and languish with no lasting efect. Such was not the case
in Florida. Te Florida Association for Retarded Children (now
the Arc of Florida) took up the cause of humane treatment and
ultimately endorsed the notion of supporting data-based behav-
ioral treatment, using strict guidelines, under close supervision by
properly trained professionals.
Te Division of Retardation,
under the guidance of Charles
Charles Cox instituted
Cox, instituted reforms includ- reforms including setting
ing setting up both statewide up both statewide and local
and local peer review com- peer review committees
mittees for behavior modifca- for behavior modification
tion programming in facilities
throughout Florida.
programming in facilities
Te Statewide Peer Review throughout Florida.
Committee for Behavior Modi-
fcation (PRC) then established a set of guidelines for the use of
behavioral procedures, which were subsequently adopted by the
National Association for Retarded Citizens and by the Florida
Division of Retardation in the Health and Rehabilitative Services
Manual (HRSM) 160–4 (May et al., 1976). Te state-funded PRC
proceeded to make visits to institutions around the state over the
next several years, educating staf members about the guidelines
and making recommendations for more ethical treatment. By
1980, the PRC reached a consensus that it was time to encourage
How We Got Here • 11

all the institutions, group homes, and smaller residential facili-


ties to begin networking with one another and to begin to bring
some sense of professionalism to behavior analysis in Florida. Te
“First Florida Work Session on Behavior Analysis in Retardation”
was held in September 1980 and drew nearly 300 administrators,
treatment specialists, behavior analysts, and direct care staf to the
two-day conference, held in Orlando. At this historic conference,
a meeting was held to organize an ofcial state association. Te
frst annual conference of the Florida Association for Behavior
Analysis (FABA) was held in 1981, again in Orlando. None other
than B. F. Skinner was the keynote speaker. Te formation of
FABA marked a turning point in behavior analysis, not only in
Florida but also in the rest of the country. It was now possible
to set high expectations for behavioral treatment because leaders
in the feld were routinely being brought to state conferences to
present their latest applied behavioral research, and practitioners
had an opportunity to see frsthand what others were doing in
other parts of the country to solve some of the most intractable
behavior problems of the day. Administrators from state govern-
ment and private facilities were able to see that behavior analysis
was not just some local phenomenon but rather was an approach
to treatment that was legitimate, efective, and humane. Te PRC,
in conjunction with FABA, began the process of certifying behav-
ior analysts via a testing program sponsored by the Division of
Retardation. In 1988, FABA membership adopted the FABA Code
of Ethics, the frst state association to do so.

THE SUNLAND MIAMI LEGACY


In retrospect, the horrifc abuses at Sunland Miami in the early
1970s were probably necessary for half-baked, unregulated behav-
ior modifcation to evolve into professional, respected, behavior
analysis. Without the abuses, there would have been no blue-
ribbon committee formed to think seriously about how to protect
individuals with developmental disabilities from systematic abuse
12 • Background for Ethics in Behavior Analysis

of behavioral procedures. Te headlines resulted in the intense


scrutiny of a treatment mode that was in its infancy and that
needed guidelines and oversight. Te pain and sufering of the
individuals with developmental disabilities involved in the abuses
amplifed the need to think clearly about the ethics of treatment.
Although it would have been easier to prohibit behavior modif-
cation altogether, the blue-ribbon committee was convinced by
its two behavioral advocates, Dr. May and Dr. Risley, that a bet-
ter alternative was to establish strict guidelines for treatment and
to set up an infrastructure for oversight involving community
citizens who would bring their values, common sense, and good
judgment to evaluate behavioral treatment strategies on an ongo-
ing basis. Te notion of oversight by both human rights and peer
review committees gave teeth to the public appraisal of behavior
analysis. Tese actions, plus the development of a state-endorsed
mechanism of certifcation, the evolution of a strong state pro-
fessional organization, and its promotion of a code of ethics for
behavior analysts, put in place all the necessary elements of con-
trol and management to prevent future abuses. And ethics, afer
all, is concerned primarily with the edict to “do no harm.” In
the Florida case, we saw how great harm could be done by well-
meaning people, and that abuse was prevented when appropriate,
comprehensive strategies were adopted. Although ethics is usually
seen as an individual professional engaging in responsible behav-
ior of his or her own volition,
the Florida case suggests that
responsible conduct can be The pain and suffering
encouraged by other means of the individuals with
as well. It is certainly painful developmental disabilities
and embarrassing for a pro-
fession to undergo such public
involved in the abuses
scrutiny and scorn, but it was amplified the need to think
clearly warranted in this case. clearly about the ethics of
Indeed, it is hard to imagine treatment.
such powerful procedures as
How We Got Here • 13

behavioral treatments being used consistently across the board in


the absence of such obvious forms of oversight and control.
It is also clear that, even given these mechanisms, the behavior
analyst faces numerous questions every day about the appropri-
ateness of treatment decisions. What is fair? What is right? Am
I qualifed to administer this treatment? Can I do no harm? Am
I taking enough data? Am I interpreting it correctly? Would my
client be better of with no treatment? It is the purpose of this vol-
ume to try to elucidate the current Behavior Analyst Certifcation
Board (BACB) Ethics Code for Behavior Analysts to assist the
behavior analyst in making right choices on a daily basis.

REFERENCES
Krasner, L., & Ullmann, L. P. (Eds.). (1965). Research in behavior modi-
fcation. New York: Holt, Rinehart and Winston, Inc.
May, J. G., Risley, T. R., Twardosz, S., Friedman, P., Bijou, S. W., &
Wexler, D. (1976). Guidelines for the use of behavioral procedures
in state programs for retarded persons. M.R. Research, NARC
Research & Demonstration Institute, 1(1), 1–73.
McAllister, J. W. (1972). Report of resident abuse investigating com-
mittee. Tallahassee, FL: Division of Retardation, Department of
Health and Rehabilitative Services.
Neuringer, C., & Michael, J. L. (Eds.). (1970). Behavior modifcation in
clinical psychology. New York: Apple-Century-Crofs.
Ullmann, L. P., & Krasner, L. (1965). Case studies in behavior modifca-
tion. New York: Holt, Rinehart and Winston, Inc.
2
Changes to the 2022 Ethics Code

IF YOU ARE NEW TO THE BACB ETHICS FOR BEHAVIOR


ANALYSTS 2022
If you are a new BCBA who will be starting in our feld in 2022
or afer, the changes to the previous code will probably not be
of much relevance to you. You may want to proceed directly to
Chapter 3.
Prior to 2022, the name of the ethics code for behavior analysts
was the Professional and Ethical Compliance Code for Behavior
Analysts (2014). Te name of the code has changed. While in our
feld we ofen refer to “the code” or the “ethics code,” the ofcial
name of the code that will go into efect in 2022 is the Ethics Code
for Behavior Analysts.

ADDITIONS TO THE 2022 ETHICS CODE


FOR BEHAVIOR ANALYSTS
Tere were some signifcant modifcations to the 2022 ethics code
and some minor ones as well. In addition to a major reorganization
and reduction of the code categories from ten to six, there were 20
additions1 and 17 deletions or “moved” changes. Some of the changes
will afect practitioners daily, and others (such as diversity) represent
larger social movements in our culture that may be difcult to opera-
tionally defne, measure, and enforce. We’ll talk more about this later.

15 DOI: 10.4324/9781003198550-3
16 • Background for Ethics in Behavior Analysis

In the 2022 code, there is one clarifcation about romantic and sexual
relationships that is much needed but is still lef vague. We have pro-
vided some discussion about this topic at the end of this chapter.
In this chapter, the additions to the 2022 code as written by the
BACB are listed frst. Immediately afer each addition is a sum-
mary statement by the authors. Te section on additions to the
code is followed by the deletions or “moved” items, and fnally,
one clarifcation concludes the chapter.
We intend the term supervisees to include trainees, students
and RBTs. When we say clients, this includes stakeholders of all
sorts including parents, and when we refer to a company, we mean
for this to include agencies, clinics, businesses, and organizations
both for proft and non-proft.

1.07 Cultural Responsiveness and Diversity


Behavior analysts actively engage in professional development
activities to acquire knowledge and skills related to cultural
responsiveness and diversity. Tey evaluate their own biases
and ability to address the needs of individuals with diverse
needs/backgrounds (e.g., age, disability, ethnicity, gender
expression/identity, immigration status, marital/relationship
status, national origin, race, religion, sexual orientation,
socioeconomic status). Behavior analysts also evaluate biases
of their supervisees and trainees, as well as their supervisees’
and trainees’ ability to address the needs of individuals with
diverse needs/backgrounds.

Summary: Tis new code requires that behavior analysts “acquire


knowledge and skills related to cultural responsiveness and diver-
sity” and that they “evaluate their own biases” as well as those of
their supervisees and their ability to meet the needs of clients with
“diverse needs/backgrounds.” [See Chapter 6 for details.]

1.10 Awareness of Personal Biases and Challenges


Behavior analysts maintain awareness that their per-
sonal biases or challenges (e.g., mental or physical health
Changes to the 2022 Ethics Code • 17

conditions; legal, fnancial, marital/relationship challenges)


may interfere with the efectiveness of their professional work.
Behavior analysts take appropriate steps to resolve interfer-
ence, ensure that their professional work is not compromised,
and document all actions taken in this circumstance and the
eventual outcomes.

Summary: Tis new code is related to 1.07 and additionally


requires one to “maintain awareness” of their personal biases
and certain health and other conditions that might afect their
work. Behavior analysts are advised to “take appropriate steps”
to resolve any issues so that their work is not compromised.
[See Chapter 6.]

1.11 Multiple Relationships


Because multiple relationships may result in a confict of
interest that might harm one or more parties, behavior ana-
lysts avoid entering into or creating multiple relationships,
including professional, personal, and familial relationships
with clients and colleagues. Behavior analysts communicate
the risks of multiple relationships to relevant individuals and
continually monitor for the development of multiple relation-
ships. If multiple relationships arise, behavior analysts take
appropriate steps to resolve them. When immediately resolv-
ing a multiple relationship is not possible, behavior analysts
develop appropriate safeguards to identify and avoid conficts
of interest in compliance with the Code and develop a plan to
eventually resolve the multiple relationship. Behavior analysts
document all actions taken in this circumstance and the even-
tual outcomes.

Summary: While mention of multiple relationships is not new,


what is changed here is that a description of confict of interest
has been moved to the Glossary. Tis standard does say that a
multiple relationship may cause a confict of interest, and it goes
on to say that if either of these occurs, the situation needs to be
“resolved.” [See Chapter 6.]
18 • Background for Ethics in Behavior Analysis

1.12 Giving and Receiving Gifs


Because the exchange of gifs can invite conficts of interest and
multiple relationships, behavior analysts do not give gifs to
or accept gifs from clients, stakeholders, supervisees, or train-
ees with a monetary value of more than $10 US dollars (or the
equivalent purchasing power in another currency). Behavior
analysts make clients and stakeholders aware of this requirement
at the onset of the professional relationship. A gif is acceptable
if it functions as an infrequent expression of gratitude and does
not result in fnancial beneft to the recipient. Instances of giving
or accepting ongoing or cumulative gifs may rise to the level of a
violation of this standard if the gifs become a regularly expected
source of income or value to the recipient.

Summary: Gifs of “gratitude” up to $10 are now allowed on an


“infrequent” basis and ongoing or cumulative gifs may be a
violation. We interpret “infrequent” to mean annually, such as at
annual traditional gif giving holidays like Christmas, Hanukkah,
or Chinese New Year. [See Chapter 6.]

1.15 Responding to Requests


Behavior analysts make appropriate eforts to respond to requests
for information from and comply with deadlines of relevant
individuals (e.g., clients, stakeholders, supervisees, trainees) and
entities (e.g., BACB, licensure boards, funders). Tey also com-
ply with practice requirements (e.g., attestations, criminal back-
ground checks) imposed by the BACB, employers, or governmental
entities.

Summary: Behavior analysts respond to requests for information


from clients when given deadlines and from employers, the BACB,
or government agencies for practice requirements. Te nature
of information to be shared should be delineated in the service
agreement. [See Chapter 6.]

2.02 Timeliness
Behavior analysts deliver services and carry out necessary service-
related administrative responsibilities in a timely manner.
Changes to the 2022 Ethics Code • 19

Summary: Tis code item is self-explanatory. Te idea is that not


only should clinical sessions and supervision be carried out in a
timely manner, but administrative responsibilities such as fling
reports and staying current with billing are also important. [See
Chapter 7.]

2.17 Collecting and Using Data


Behavior analysts implement fee practices and share fee infor-
mation in compliance with applicable laws and regulations.
Tey do not misrepresent their fees. In situations where behav-
ior analysts are not directly responsible for fees, they must
communicate these requirements to the responsible party and
take steps to resolve any inaccuracy or confict. Tey docu-
ment all actions taken in this circumstance and the eventual
outcomes.

Summary: Behavior analysts use appropriate data collection proce-


dures, and they graphically display, summarize, and use the data
to make decisions about continuing, modifying, or terminating
services. [See Chapter 7.]

3.02 Identifying Stakeholders


Behavior analysts identify stakeholders when providing ser-
vices. When multiple stakeholders (e.g., parent or legally
authorized representative, teacher, principal) are involved,
the behavior analyst identifes their relative obligations to
each stakeholder. Tey document and communicate those
obligations to stakeholders at the outset of the professional
relationship.

Summary: Behavior analysts identify stakeholders and their obli-


gations to each; these obligations are documented when services
begin. [See Chapter 8.]

3.15 Appropriately Discontinuing Services


Behavior analysts include the circumstances for discontinuing
services in their service agreement. Tey consider discontinu-
ing services when: (1) the client has met all behavior-change
20 • Background for Ethics in Behavior Analysis

goals, (2) the client is not benefting from the service, (3) the
behavior analyst and/or their supervisees or trainees are
exposed to potentially harmful conditions that cannot be rea-
sonably resolved, (4) the client and/or relevant stakeholder
requests discontinuation, (5) the relevant stakeholders are
not complying with the behavior-change intervention despite
appropriate eforts to address barriers, or (6) services are no
longer funded. Behavior analysts provide the client and/or
relevant stakeholders with a written plan for discontinuing
services, document acknowledgment of the plan, review the
plan throughout the discharge process, and document all
steps taken.

Summary: Tis section now includes a ffh reason for discon-


tinuation, when “relevant stakeholders are not complying with
the behavior-change intervention.” Tis is a signifcant addition
to the ethics code. [See Chapter 8.] Tese contingencies should
be spelled out at the onset of services in the written service
agreement.

3.16 Appropriately Transitioning Services


Behavior analysts include in their service agreement the
circumstances for transitioning the client to another behavior
analyst within or outside of their organization. Tey make
appropriate eforts to efectively manage transitions; provide
a written plan that includes target dates, transition activities,
and responsible parties; and review the plan throughout the
transition. When relevant, they take appropriate steps to
minimize disruptions to services during the transition by
collaborating with relevant service providers.

Summary: Tis includes the circumstances for transitioning the


client to another behavior analyst, including providing a writ-
ten plan and transition activities; behavior analysts take steps to
minimize disruptions during the transition. [See Chapter 8.] Tis
appears to replace the previous statement about not abandoning
clients.
Changes to the 2022 Ethics Code • 21

4.05 Maintaining Supervision Documentation


Behavior analysts create, update, store, and dispose of docu-
mentation related to their supervisees or trainees by follow-
ing all applicable requirements (e.g., BACB rules, licensure
requirements, funder and organization policies), including
those relating to confdentiality. Tey ensure that their doc-
umentation, and the documentation of their supervisees or
trainees, is accurate and complete. Tey maintain documen-
tation in a manner that allows for the efective transition of
supervisory oversight if necessary. Tey retain their supervi-
sion documentation for at least seven years and as otherwise
required by law and other relevant parties and instruct their
supervisees or trainees to do the same.

Summary: Behavior analysts are responsible for all documenta-


tion related to their supervisees. Documentation must be accu-
rate and complete, must allow for transition, and must be kept for
seven years. Supervisees must do the same. [See Chapter 9.]

4.07 Incorporating and Addressing Diversity


During supervision and training, behavior analysts actively
incorporate and address topics related to diversity (e.g., age,
disability, ethnicity, gender expression/identity, immigration
status, marital/relationship status, national origin, race, reli-
gion, sexual orientation, socioeconomic status).

Summary: It is necessary to include a wide variety of diversity top-


ics in supervision and training. In the new code, many categories
are listed, but the “topics” to be discussed are lef up to supervi-
sors. [See Chapter 9.]

4.11 Facilitating Continuity of Supervision


Behavior analysts minimize interruption or disruption of super-
vision and make appropriate and timely eforts to facilitate
the continuation of supervision in the event of planned inter-
ruptions (e.g., temporary leave) or unplanned interruptions
(e.g., illness, emergencies). When an interruption or disruption
22 • Background for Ethics in Behavior Analysis

occurs, they communicate to all relevant parties the steps being


taken to facilitate continuity of supervision.

Summary: BCBAs minimize interruption of supervision and make


appropriate eforts to facilitate the continuation of supervision in
the event of interruptions. If interruptions occur, steps should be
taken to facilitate the continuity of supervision, and these steps
are shared with relevant parties. [See Chapter 9.]

4.12 Appropriately Terminating Supervision


When behavior analysts determine, for any reason, to termi-
nate supervision or other services that include supervision,
they work with all relevant parties to develop a plan for ter-
minating supervision that minimizes negative impacts to the
supervisee or trainee. Tey document all actions taken in this
circumstance and the eventual outcomes.

Summary: When supervision is terminated, behavior analysts


work with all parties on a plan that minimizes negative impacts
to the supervisee; all of these steps need to be documented. [See
Chapter 9.]

5.01 Protecting Clients, Stakeholders


Behavior analysts take appropriate steps to protect the rights
of their clients, stakeholders, supervisees, and trainees in all
public statements. Behavior analysts prioritize the rights of
their clients in all public statements.

Summary: Behavior analysts protect the rights of their clients and


supervisees in public statements; the rights of their clients are given
priority in these statements. [See Chapter 10.]

5.06 Advertising Nonbehavioral Services


Behavior analysts do not advertise nonbehavioral services as
behavioral services. If behavior analysts provide nonbehavioral
services, those services must be clearly distinguished from their
behavioral services and BACB certifcation with the following
Changes to the 2022 Ethics Code • 23

disclaimer: “Tese interventions are not behavioral in nature


and are not covered by my BACB certifcation.” Tis disclaimer
is placed alongside the names and descriptions of all nonbe-
havioral interventions. If a behavior analyst is employed by
an organization that violates this Code standard, the behavior
analyst makes reasonable eforts to remediate the situation,
documenting all actions taken and the eventual outcomes.

Summary: Behavior analysts do not advertise non-behavioral ser-


vices as ABA. If they provide non-behavioral services, they must
be clearly distinguished from ABA services and certifcation and
must use a disclaimer to this efect. If your company does not
make this distinction, you need to try and remediate the situation
and document everything. [See Chapter 10.]

5.08 Using Testimonials From Former Clients for


Advertising
When soliciting testimonials from former clients or stakeholders
for use in advertisements designed to obtain new clients, behav-
ior analysts consider the possibility that former clients may re-
enter services. Tese testimonials must be identifed as solicited
or unsolicited, include an accurate statement of the relationship
between the behavior analyst and the testimonial author, and
comply with all applicable privacy and confdentiality laws.
When soliciting testimonials from former clients or stakeholders,
behavior analysts provide them with clear and thorough descrip-
tions about where and how the testimonial will appear, make
them aware of any risks associated with the disclosure of their
private information, and inform them that they can rescind the
testimonial at any time. If a behavior analyst is employed by an
organization that violates this Code standard, the behavior ana-
lyst makes reasonable eforts to remediate the situation, docu-
menting all actions taken and the eventual outcomes.

Summary: When asking former clients for statements to use in


advertisements to attract new clients, it is necessary to consider
that they may re-enter services at a later time and that a disclaimer
24 • Background for Ethics in Behavior Analysis

is required. It is also necessary to tell them how the testimonial


will be used and let them know of the dangers associated with the
disclosure of their private information. If your company violates
this code, you need to try and remediate the situation and then
document everything. [See Chapter 10.]

5.09 Using Testimonials for Non-advertising Purposes


Behavior analysts may use testimonials from former or cur-
rent clients and stakeholders for nonadvertising purposes (e.g.,
fundraising, grant applications, dissemination of information
about ABA) in accordance with applicable laws. If a behav-
ior analyst is employed by an organization that violates this
Code standard, the behavior analyst makes reasonable eforts
to remediate the situation, documenting all actions taken and
the eventual outcomes.

Summary: Behavior analysts may use testimonials from former


or current clients for non-advertising purposes. If your company
violates this code, you should do your best to remediate the situ-
ation, and document everything along the way. [See Chapter 10.]

5.10 Social Media Channels and Websites


Behavior analysts are knowledgeable about the risks to privacy
and confdentiality associated with the use of social media
channels and websites and they use their respective profes-
sional and personal accounts accordingly. Tey do not publish
information and/or digital content of clients on their personal
social media accounts and websites. When publishing infor-
mation and/or digital content of clients on their professional
social media accounts and websites, behavior analysts ensure
that for each publication they (1) obtain informed consent
before publishing, (2) include a disclaimer that informed con-
sent was obtained and that the information should not be
captured and reused without express permission, (3) publish
on social media channels in a manner that reduces the poten-
tial for sharing, and (4) make appropriate eforts to prevent
and correct misuse of the shared information, documenting

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