Missouri Code of State Regulations
Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE
Division 2063 - Behavior Analyst Advisory Board
Chapter 6 - Standards of Practice
Section 20 CSR 2063-6.005 - Ethical Rules of Conduct
Universal Citation: 20 MO Code of State Regs 2063-6.005
Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: The board is removing references to the American Psychological Association (APA) and the Association of State and Provincial Psychology Boards, and referencing the certifying body's professional and ethical compliance code for behavior analysts and assistant behavior analysts.
(1) General Principles.
(A) Purpose. The ethical
rules of conduct constitute the standards against which the required
professional conduct of behavior analysts and assistant behavior analysts is
measured.
(B) Scope. Behavior
analysts and assistant behavior analysts shall be governed by these ethical
rules of conduct. These ethical rules of conduct shall apply to the conduct of
all licensees and applicants, including the applicant's conduct during the
period of education, training, and employment which is required for licensure.
The terms behavior analyst and assistant behavior analyst, as used within these
ethical rules of conduct, shall be interpreted accordingly whenever applied
behavior analysis is being provided in any context. These rules of ethical
conduct apply to teaching, publishing, or researching regarding behavior
analysis only where there is a behavior analysis clinical component to such
teaching, publishing, or researching; where there are behavior analysis
clinical services being provided as a part of the teaching, publishing, or
researching; and where there is interaction with behavior analysis clients in
teaching, publishing, or researching behavioral analysis.
(C) Responsibility for Own Actions. Behavior
analysts and assistant behavior analysts, when functioning as a licensed
behavior analyst or assistant behavior analyst, shall be fully responsible for
his or her own professional decisions and professional actions.
(D) Violations. A violation of these ethical
rules of conduct constitutes unprofessional conduct and is sufficient reason
for disciplinary action or denial of original licensure, reinstatement, or
renewal of licensure.
(E) Aids to
Interpretation. The Behavior Analyst Certification Board's Professional and
Ethical Compliance Code for Behavior Analysts shall be used as an aid in
resolving ambiguities which may arise in the interpretation of the ethical
rules of conduct, except that these ethical rules of conduct shall prevail
whenever any conflict exists between these rules and any professional
association standard.
(2) Definitions.
(A) Client-The term client as used here is
broadly applicable to whomever the behavior analyst or assistant behavior
analyst provides services whether an individual person (service recipient),
parent or guardian of a service recipient, an institutional representative, a
public or private agency, a firm or corporation.
(B) Confidential information-means
information revealed to a behavior analyst or assistant behavior analyst or
otherwise obtained by a behavior analyst or assistant behavior analyst, where
there is a reasonable expectation that because of the relationship between the
individual(s) and the behavior analyst or assistant behavior analyst, or the
circumstances under which the information was revealed or obtained, the
information shall not be disclosed by the behavior analyst or assistant
behavior analyst without the informed written consent of the individual(s).
When a corporation or other organization is the client, rules of
confidentiality apply to information pertaining to the organization, including
personal information about individuals when obtained in the proper course of
that contract. That information about individuals is subject to confidential
control of the organization, not of the individual, and can be made available
to the organization, unless there is reasonable expectation by that individual
that information was obtained in a separate professional relationship with that
individual and is therefore subject to confidentiality requirements.
(C) Court order-means the written or oral
communication of a member of the judiciary, or other court magistrate or
administrator, if that authority has been lawfully delegated to that magistrate
or administrator.
(D)
Licensed-means licensed, certified, or any other term when such term identifies
a person whose professional behavior is subject to regulation by the committee
or board.
(E) Professional
relationship-means a mutually agreed upon relationship between a behavior
analyst and assistant behavior analyst and a client or any combination of two
or more such individuals or entities for the purpose of the client obtaining
the behavior analyst's and assistant behavior analyst's professional
expertise.
(F) Professional
service-means all actions of the behavior analyst and assistant behavior
analyst in the context of a professional relationship with a client.
(G) Supervision, supervisor, and
supervisee-means any and all actions of a person (supervisor) overseeing a
person (supervisee) regarding the provision of behavior analysis
services.
(3) Competence.
(A) Limits on Practice. Behavior
analysts and assistant behavior analysts shall provide services, teach, and
conduct research only within the boundaries of their competence, based on their
education, training, supervised experience, or appropriate professional
experience. If important aspects of the client's problems fall outside the
boundaries of competency, then the behavior analyst and assistant behavior
analyst shall assist his or her client in obtaining additional professional
consultation.
(B) Reliance on
Scientific Knowledge. Behavior analysts and assistant behavior analysts shall
rely on scientifically and professionally derived knowledge when making
scientific or professional judgments in providing professional service, or when
engaging in scholarly or professional endeavors.
(C) Maintaining Competency. Behavior analysts
and assistant behavior analysts shall maintain current competency in the areas
in which they practice, through continuing education, consultation, other
training, or any combination of these, in conformance with current standards of
scientific and professional knowledge.
(D) Adding New Services and Techniques.
Behavior analysts and assistant behavior analysts shall provide services,
teach, or conduct research in new areas or involving new techniques only after
first undertaking appropriate study, training, supervision, and/or consultation
from persons who are competent in those areas or techniques.
(E) Accurate Representation. Behavior
analysts and assistant behavior analysts shall accurately represent their areas
of competence, education, training, experience, and professional affiliations
to the committee, the board, the public, and colleagues.
(F) Professional Development. Behavior
analysts and assistant behavior analysts who engage in assessment, therapy,
teaching, research, organizational consulting, or other professional activities
shall maintain a reasonable level of awareness of current scientific and
professional information in their fields of activity, and undertake ongoing
efforts to maintain competence in the skills they use by reading the
appropriate literature, attending conferences and conventions, participating in
workshops, or maintaining Behavior Analyst Certification Board
certification.
(G) Integrity. If
behavior analysts' and assistant behavior analysts' ethical responsibilities
conflict with law, behavior analysts and assistant behavior analysts shall make
known their commitment to these rules and take steps to resolve the conflict in
a responsible manner in accordance with law.
(H) Professional and Scientific
Relationships.
1. Behavior analysts and
assistant behavior analysts shall provide behavioral assessment, therapeutic,
teaching, research, supervisory, consultative, or other behavior analytic
services only in the context of a defined, professional, or scientific
relationship or role.
2. When
behavior analysts and assistant behavior analysts provide assessment,
evaluation, treatment, supervision, teaching, consultation, research, or other
behavior analytic services to an individual, a group, or an organization, they
shall use language that is fully understandable to the recipient of those
services. They shall provide appropriate information prior to service delivery
about the nature of such services and appropriate information later about
results and conclusions.
3. Where
differences of age, gender, race, ethnicity, national origin, religion, sexual
orientation, disability, language, or socioeconomic status significantly affect
behavior analysts' and assistant behavior analysts' work concerning particular
individuals or groups, behavior analysts and assistant behavior analysts shall
obtain the training, experience, consultation, or supervision necessary to
ensure the competence of their services, or they make appropriate
referrals.
4. In their work-related
activities, behavior analysts and assistant behavior analysts shall not engage
in discrimination against individuals or groups based on age, gender, race,
ethnicity, national origin, religion, sexual orientation, disability,
socioeconomic status, or any basis proscribed by law.
5. Behavior analysts and assistant behavior
analysts shall not knowingly engage in behavior that is harassing or demeaning
to persons with whom they interact in their work based on factors such as those
persons' age, gender, race, ethnicity, national origin, religion, sexual
orientation, disability, language, or socioeconomic status, in accordance with
law.
6. Behavior analysts and
assistant behavior analysts shall recognize that their personal problems and
conflicts may interfere with their effectiveness. Behavior analysts and
assistant behavior analysts shall refrain from providing services when their
personal circumstances may compromise delivering services to the best of their
abilities.
(4) Maintenance and Retention of Records.
(A) The behavior analyst and assistant
behavior analyst rendering professional services to a client, or services
billed to a third party payer, shall maintain professional records that
include:
1. Name of the client and other
identifying information such as address, telephone number, age, and
sex;
2. The presenting problem(s)
and diagnosis (if applicable);
3.
Any assessment including test results or other evaluative results obtained and
any basic test data from which they were derived;
4. The date and description of each contact
or service provided or pertaining to the client;
5. The nature, type, and goals of any applied
behavior analysis interventions;
6.
The fee arrangement and documentation of discussion with the client(s) prior to
initiation of services;
7. A copy
of all tests or other evaluative reports prepared as part of the professional
relationship;
8. Notation and
results of formal consults with other providers;
9. Notation of referrals given or recommended
to the client;
10. Any releases
executed by the client;
11. Data
relating to financial transactions between the behavior analyst and assistant
behavior analyst and client, including fees assessed and collected;
12. Written informed consent must be obtained
concerning all aspects of services including assessment and therapy;
13. An assistant behavior analyst must
include on the informed consent the fact that the licensee is working under the
supervision of a licensed behavior analyst. The informed consent form must
identify the supervising behavior analyst; and
14. Entries in the records must be made
within ten (10) days following each consultation or rendition of service.
Entries that are made after the date of service must indicate the date entries
are made, as well as the date of service.
(B) Behavior analysts shall create, maintain,
disseminate, store, retain, and dispose of records and data relating to their
research, practice, and other work in accordance with applicable laws or
regulations.
(C) Behavior analysts
and assistant behavior analysts shall assure that all data entries in the
professional records are maintained for a period of not fewer than five (5)
years after the last date of service rendered, or not less than the time
required by other regulations, if that is longer.
1. The behavior analyst shall store and
dispose of written, electronic, and other records in such a manner as to ensure
their confidentiality. The behavior analyst shall maintain the confidentiality
of all applied behavior analysis records in the behavior analyst's possession
or under the behavior analyst's control except as otherwise provided by law or
pursuant to authorization of a client specifically requesting or authorizing
release or disclosure of the client's applied behavior analysis records;
and
2. For each person
professionally supervised, the behavior analyst shall maintain, for a period of
not less than five (5) years after the last date of supervision, a record of
the supervisory session that shall include the type, place, and general content
of the session, as well as other information required by these rules, other law
or good practice.
(5) Continuity of Care.
(A) The behavior analyst shall make prior
arrangements for another appropriate professional(s) to be available for
consultation during periods of his or her extended absences from professional
availability. Behavior analysts and assistant behavior analysts shall inform
the client of available emergency services for use during those times when he
or she cannot be reached. These periods include, but are not limited to,
after-office hours, weekends, holidays, or vacations.
(B) The behavior analyst shall make
provisions for the transfer or disposal of all written or electronic records of
the client in the event of the behavior analyst's or assistant behavior
analyst's death or incapacitation. The arrangement for transfer or disposal
shall be in writing and signed by all necessary parties.
(6) Multiple Relationships.
(A) Impaired Behavior Analyst or Assistant
Behavior Analyst. Behavior analysts and assistant behavior analysts shall not
undertake or continue a professional relationship with a client when the
competency of the behavior analyst or assistant behavior analyst is, or could
reasonably be expected to be, impaired due to mental, emotional, physiologic,
pharmacologic or substance abuse conditions. If a condition develops after a
professional relationship has been initiated, the behavior analyst or assistant
behavior analyst shall terminate the relationship in an appropriate manner,
shall notify the client in writing of the termination, and shall assist the
client in obtaining services from another professional.
(B) Multiple Relationships Affecting Behavior
Analyst's or Assistant Behavior Analyst's Judgment. Behavior analysts and
assistant behavior analysts shall not undertake or continue a professional
relationship with a client when the objectivity or competency of the behavior
analyst or assistant behavior analyst is, or could reasonably be expected to be
impaired because of the behavior analyst's or assistant behavior analyst's
present or previous familial, social, sexual, emotional, financial,
supervisory, political, administrative, or legal relationship with the client
or a relevant person associated with or related to the client. If a dual
relationship develops or is discovered after the professional relationship has
been initiated, the behavior analyst or assistant behavior analyst shall
terminate the professional relationship in an appropriate manner, shall notify
the client in writing of this termination and shall assist the client in
obtaining services from another professional.
(C) Prohibited Relationships.
1. Behavior analysts and assistant behavior
analysts, in interacting with any client shall not enter into a financial or
other potentially exploitive relationship with any such client.
2. The behavior analyst and assistant
behavior analyst, in interacting with any client shall not engage in any
harassing, exploitive, seductive, or repeated comments, gestures, or physical
contact of a sexual nature.
3.
Prohibited exploitation in professional relationships. Behavior analysts and
assistant behavior analysts shall not exploit, sexually or otherwise, his or
her professional relationship with clients, supervisees, students, employees,
research participants or others.
(7) Client Welfare.
(A) Responsibility to Clients.
1. Behavior analysts and assistant behavior
analysts have a responsibility to operate in the best interest of
clients.
2. The behavior analyst's
and assistant behavior analyst's responsibility is to all parties affected by
behavioral services.
(B)
Providing Explanation of Procedures.
1. The
behavior analyst and assistant behavior analyst shall give a truthful,
understandable, and reasonably complete account of the client's condition to
the client or the parent of minor children or legal guardian. The behavior
analyst or assistant behavior analyst shall keep the client fully informed as
to the purpose and nature of any evaluation, treatment, or other procedures,
and of the client's right to freedom of choice regarding services
provided.
2. When a behavior
analyst and assistant behavior analyst agree to provide services to a person or
entity at the request of a third party, the behavior analyst or assistant
behavior analyst shall explain and document the nature of the relationships
with all individuals or organizations involved. This includes the role of the
behavior analyst and assistant behavior analyst, who is the client, the
probable uses of the services provided or the information obtained, and any
known or probable limits to confidentiality.
(C) Interrupting or Terminating Services.
1. Behavior analysts and assistant behavior
analysts shall make reasonable efforts to plan for facilitating care in the
event that behavior analytic services are interrupted by factors such as the
behavior analyst's or assistant behavior analyst's illness, impending death,
unavailability, or relocation or by the client's relocation or financial
limitations.
2. When entering into
employment or contractual relationships, behavior analysts and assistant
behavior analysts shall provide for orderly and appropriate resolution of
responsibility for client care in the event that the employment or contractual
relationship ends, with paramount consideration given to the welfare of the
client.
3. Approving Interventions.
Behavior analysts or assistant behavior analysts shall obtain the client's or
legal guardian's approval in writing of the behavior intervention plan before
implementing them.
4. Behavior
analysts and assistant behavior analysts shall not abandon clients. Applied
behavior analysis services can be terminated when it becomes reasonably clear
that the client no longer needs the service, is not benefiting, or is being
harmed by continued service and the behavior analyst establishes understandable
and objective (i.e., measurable) criteria for the termination of the program
and describes them to the client or client-surrogate. The relationship shall be
terminated when the established criteria for termination are attained, as in
when a series of planned or revised intervention goals has been
completed.
5. Prior to termination,
except where precluded by the client's conduct, behavior analysts and assistant
behavior analysts shall discuss the client's views and needs, provide
appropriate pretermination services, suggest alternative service providers as
appropriate, and take other reasonable steps to facilitate transfer of
responsibility to another provider if the client needs one
immediately.
6. Applied behavior
analysis services may be terminated by the behavior analyst or assistant
behavior analyst when the behavior analyst or assistant behavior analyst
identifies a physical or emotional harm or threat of physical or emotional harm
to himself or herself or his or her staff. The behavior analyst or assistant
behavior analyst shall provide notice to the client and shall make all
reasonable attempts to provide for the client's continuity of care as described
in section (5) above.
(D) Unnecessary Service. The behavior analyst
and assistant behavior analyst shall not exploit clients by providing
unnecessary applied behavior analysis.
(E) Stereotyping. Behavior analysts and
assistant behavior analysts shall not impose on the client any stereotypes of
behavior, values, or roles related to age, gender, religion, race, disability,
nationality, or sexual preference which would interfere with the objective
provision of services to the client. Behavior analysts and assistant behavior
analysts shall obtain training and experience to assure competent service or
research relating to these persons.
(F) Solicitation of Business by Clients.
Behavior analysts and assistant behavior analysts providing services to an
individual client shall not induce that client(s) to solicit business on behalf
of the behavior analyst or assistant behavior analyst.
(G) Referrals on Request. Behavior analysts
and assistant behavior analysts shall make an appropriate referral to another
professional when requested to do so by the client.
(H) Offering Services to Clients of Others.
In deciding whether to offer services to someone already receiving similar
services elsewhere, behavior analysts and assistant behavior analysts shall
carefully consider the treatment issues and the potential client's welfare.
Behavior analysts and assistant behavior analysts shall discuss these issues
with the potential client to minimize the probable risks of confusion and
conflict, and proceed with caution and sensitivity to the therapeutic issues.
Behavior analysts and assistant behavior analysts shall not initiate such
discussions and may only go forward with such discussions where initiated by
another.
(I) Rights and
Prerogatives of Clients.
1. Behavior analysts
and assistant behavior analysts shall support individual rights under the
law.
2. The client must be provided
on request an accurate, current set of the behavior analyst's and assistant
behavior analyst's credentials.
3.
Permission for electronic recording of interviews, service delivery sessions,
and all other settings shall be secured from clients and relevant staff.
Consent for different uses must be obtained specifically and
separately.
4. Clients must be
informed of their rights, and about procedures to complain about professional
practices of the behavior analyst.
5. Behavior analysts and assistant behavior
analysts shall comply with all requirements for criminal background
checks.
(J) Clarifying
expectations. Behavior analysts and assistant behavior analysts shall document
that the client has been informed as to the purpose and nature of an
evaluation, treatment, or educational procedure as well as reasonable
alternatives in language commensurate with the individual's level of
comprehension.
(K) Voluntary and
mandatory procedures. Behavior analysts or assistant behavior analysts shall
inform recipients as to the voluntary or mandatory nature of the assessment,
treatment, educational, or training procedure. When a procedure is voluntary,
behavior analysts or assistant behavior analysts shall inform the clients or
student of their freedom of choice and any alternatives to
participation.
(8) Welfare of Supervisees and Students. The behavior analyst shall not harass or exploit a supervisee or student in any way-sexually, financially, or otherwise. The behavior analyst as a teacher shall recognize that the primary obligation is to help others acquire knowledge and skill. The behavior analyst shall maintain high standards of scholarship by presenting applied behavior analysis information objectively, fully, and accurately. The teaching duties of the behavior analyst shall be performed on the basis of careful preparation so that the instruction is accurate, current, and scholarly.
(9) Protecting Confidentiality of Clients.
(A) Maintaining Confidentiality.
1. Behavior analysts and assistant behavior
analysts have a primary obligation and shall take reasonable precautions to
respect the confidentiality of those with whom they work or consult,
recognizing that confidentiality may be established by law, institutional
rules, or professional or scientific relationships.
2. Clients have a right to confidentiality.
Unless it is not feasible or is contraindicated, the discussion of
confidentiality occurs at the outset of the relationship and thereafter as new
circumstances may warrant.
3. In
order to minimize intrusions on privacy, behavior analysts and assistant
behavior analysts shall include only information germane to the purpose for
which the communication is made in written and oral reports, consultations, and
the like.
4. Behavior analysts and
assistant behavior analysts shall discuss confidential information obtained in
clinical or consulting relationships, or evaluative data concerning patients,
individual or organizational clients, students, research participants,
supervisees, and employees, only for appropriate scientific or professional
purposes.
(B) Disclosure
of Confidential Information. Behavior analysts and assistant behavior analysts
also may disclose confidential information with the appropriate consent of the
individual or organizational client (or of another legally authorized person on
behalf of the client), unless prohibited by law.
(C) Disclosures Without Consent. Behavior
analysts and assistant behavior analysts may disclose confidential information
without the consent of the individual only as mandated by law, or where
permitted by law for a valid purpose, such as 1) to provide needed professional
services to the individual or organizational client, 2) to obtain appropriate
professional consultations, 3) to protect the client or others from harm, 4) to
obtain payment for services, or 5) to the board or the committee as requested
or required by the board or the committee, in which instance disclosure is
limited to the minimum that is necessary to achieve the purpose.
(D) Limited Access to Client Records.
Behavior analysts and assistant behavior analysts shall limit access to client
records and shall assure that all persons working under his or her authority
comply with the requirements for confidentiality of client material.
(E) Disguising Confidential Information. For
any confidential information used in teaching, research, or writing, behavior
analysts and assistant behavior analysts shall insure that the reported
material is appropriately disguised to prevent client identification.
(F) Confidentiality After Termination of
Professional Relationship. Behavior analysts and assistant behavior analysts
shall continue to treat client records as confidential information after the
professional relationship between the behavior analyst and assistant behavior
analyst and the client has ceased.
(10) Integrity and Representation of Title and Services.
(A) Display of License. Behavior
analysts and assistant behavior analysts shall display prominently on the
premises of the professional practice the behavior analyst's or assistant
behavior analyst's current Missouri license to practice applied behavior
analysis or carry the current license on their person when providing behavior
analytic services.
(B) Use of
Appropriate Title. When representing himself or herself to the public through
advertisements, including telephone listings, business cards, letterhead, and
other public announcements, behavior analysts and assistant behavior analysts
shall use a title which accurately reflects professional education, training,
and experience. This title shall be clearly presented as to denote the actual
status and training of the person. Initials of titles are not appropriate for
use unless authorized by sections
337.300 to
337.345, RSMo or 20 CSR
2063.
(C) Accurate Representation
of Qualifications. A behavior analyst and assistant behavior analyst shall not
misrepresent directly or by implication his or her professional qualifications,
such as, education, experience or areas of competence.
(D) Accurate Representation of Affiliations.
A behavior analyst and assistant behavior analyst shall not misrepresent
directly or by implication his or her affiliations, or the purposes or
characteristics of institutions and organizations with which the behavior
analyst or assistant behavior analyst is associated.
(E) False or Misleading Information. Behavior
analysts and assistant behavior analysts shall not include false or misleading
information in public statements concerning applied behavior analysis services
offered. Public statements include, but are not limited to, communication by
means of periodical, book, list, directory, television, radio or motion
picture. They shall not contain:
1. A false,
fraudulent, misleading, deceptive, or unfair statement;
2. A misrepresentation of fact or a statement
likely to mislead or deceive because in context it makes only a partial
disclosure of relevant facts;
3. A
testimonial from a client regarding the quality of a behavior analyst's or
assistant behavior analyst's services or products;
4. A statement intended or likely to create
false or unjustified expectations of favorable results;
5. A statement implying unusual, unique or
one-of-a-kind abilities;
6. A
statement intended or likely to appeal to a client's fears, anxieties, or
emotions concerning the possible results of failure to obtain the offered
services;
7. A statement concerning
the comparative desirability of offered services; or
8. A statement of direct solicitation of
individual clients.
(F)
Accurate Representation of Services or Products. A behavior analyst and
assistant behavior analyst shall not associate with or permit his or her name
to be used in connection with any services or products in such a way as to
misrepresent-
1. The services or
products;
2. The degree of his or
her responsibility for the services or products; or
3. The nature of his or her association with
the services or products.
(G) Correction of Misrepresentation by
Others. A behavior analyst or assistant behavior analyst shall correct others
who misrepresent his or her professional qualifications or
affiliations.
(H) Accurate Claims.
Behavior analysts and assistant behavior analysts shall take credit only for
work actually done, including publication credit.
(I) Publication Credit. Publication credit
shall accurately reflect the relative contribution of the individuals involved,
regardless of professional status. A student generally is listed as the
principal author of any multiple-authored article based primarily on the
student's thesis or dissertation. Minor contributions to publications shall be
acknowledged in footnotes or in an introductory statement.
(J) Acknowledging All Sources. Plagiarism in
either written or oral form is unethical. Acknowledgment through specific
citations shall be made for unpublished as well as published material that has
directly influenced the research or writing.
(K) Fabrication or Falsification of Data.
Behavior analysts and assistant behavior analysts shall not fabricate or
falsify data. If a behavior analyst or assistant behavior analyst discovers
significant errors in their data, they shall take reasonable steps to correct
these errors in a correction, retraction, erratum, or other appropriate
publication means.
(11) Remuneration.
(A) Fees, Financial
Arrangements, and Terms of Consultation.
1.
As early as is feasible in a professional or scientific relationship, behavior
analysts and assistant behavior analysts and the client or other appropriate
recipient of behavior analytic services shall reach an agreement specifying
compensation and billing arrangements.
2. Behavior analysts' and assistant behavior
analysts' fee practices shall be consistent with law and behavior analysts and
assistant behavior analysts shall not misrepresent their fees. If limitations
to services can be anticipated because of limitations in financing, this shall
be discussed with the patient, client, or other appropriate recipient of
services as early as is feasible.
3. Prior to the implementation of services,
behavior analysts and assistant behavior analysts shall provide in writing the
terms of consultation with regard to specific requirements for providing
services and the responsibilities of all parties (a contract or Declaration of
Professional Services).
(B) Accuracy in Reports to Those Who Pay for
Services. In their reports to those who pay for services or sources of
research, project, or program funding, behavior analysts and assistant behavior
analysts shall accurately state the nature of the research or service provided,
the fees or charges, and where applicable, the identity of the provider, the
findings, and other required descriptive data.
(C) Referrals and Fees. When a behavior
analyst pays, receives payment from, or divides fees with another professional
other than in an employer-employee relationship, the referral shall be
disclosed to the client.
(D)
Improper Arrangements.
1. Behavior analysts
and assistant behavior analysts shall neither derive nor solicit any form of
monetary profit or personal gain as a result of his or her professional
relationship with clients or immediate ex-clients as set forth in paragraph
(6)(C)1. of this rule, beyond the payment of fees for applied behavior analysis
services rendered. However, unsolicited token gifts from a client are
permissible.
2. A behavior analyst
and assistant behavior analyst shall not use his or her professional
relationship with clients, or immediate ex-clients as set forth in paragraph
(6)(C)1. of this rule, to derive personal gain, other than through fees for
professional services, for himself or herself, or for any other person, or for
any organization from the sale or promotion of a product or service.
3. Behavior analysts and assistant behavior
analysts shall neither give nor receive any commission, rebate, or other form
of remuneration for referral of a client for professional services.
4. Behavior analysts and assistant behavior
analysts shall not bill for services that are not rendered. However, he or she
may bill for missed appointments which the client did not cancel in advance, if
this is part of the financial arrangements made in accordance with paragraph
(11)(A)1. of this rule.
(E) Third-Party Requests for Services.
1. When behavior analysts and assistant
behavior analysts agree to provide services to a person or entity at the
request of a third party, the behavior analyst and assistant behavior analyst
shall clarify to the extent feasible, at the outset of the service, the nature
of the relationship with each party. This clarification includes the role of
the behavior analyst and assistant behavior analyst (such as therapist,
organizational consultant, or expert witness), the probable uses of the
services provided or the information obtained, and the fact that there may be
limits to confidentiality.
2. If
there is a foreseeable risk of behavior analysts and assistant behavior
analysts being called upon to perform conflicting roles because of the
involvement of a third party, the behavior analyst and assistant behavior
analyst shall clarify the nature and direction of his or her responsibilities,
keep all parties appropriately informed as matters develop, and resolve the
situation in accordance with these rules.
(12) Assessment Procedures.
(A) Accepting Clients. Behavior analysts and
assistant behavior analysts shall accept as clients only those individuals or
legal entities whose behavior problems or requested service are commensurate
with the behavior analyst's or assistant behavior analyst's education,
training, and experience. In lieu of these conditions, behavior analysts and
assistant behavior analysts must function under the supervision of or in
consultation with a behavior analyst whose credentials permit working with such
behavior problems or services.
(B)
Consultation.
1. Behavior analysts and
assistant behavior analysts shall arrange for appropriate consultations and
referrals based principally on the best interests of their clients, with
appropriate consent, and subject to other relevant considerations, including
applicable law and contractual obligations.
2. When indicated and professionally
appropriate, behavior analysts and assistant behavior analysts shall cooperate
with other professionals in order to serve their clients effectively and
appropriately. Behavior analysts and assistant behavior analysts shall
recognize that other professions have ethical codes that may differ in their
specific requirements from these rules.
(C) Competent Use of Assessment Techniques.
The behavior analyst and assistant behavior analyst shall use, administer, and
interpret applied behavior analysis assessment techniques competently and
maintain current knowledge about research developments and revisions concerning
the techniques that are used.
(D)
Behavior Assessment.
1. Assessing Behaviors.
Behavior analysts and assistant behavior analysts who use behavioral assessment
techniques shall do so for purposes that are appropriate in light of research.
Behavior analysts and assistant behavior analysts shall recommend seeking a
medical consultation if there is any reasonable possibility that a referred
behavior is a result of a medication side effect or some biological cause.
A. Behavior analysts' and assistant behavior
analysts' assessments, recommendations, reports, and evaluative statements
shall be based on information and techniques sufficient to provide appropriate
substantiation for their findings.
B. Behavior analysts and assistant behavior
analysts shall refrain from misuse of assessment techniques, interventions,
results, and interpretations and take reasonable steps to prevent others from
misusing the information these techniques provide.
C. Behavior analysts and assistant behavior
analysts shall recognize limits to the certainty with which judgments or
predictions can be made about individuals.
D. Behavior analysts and assistant behavior
analysts shall not promote the use of behavioral assessment techniques by
unqualified persons, i.e., those who are unsupervised by experienced
professionals and have not demonstrated valid and reliable assessment
skills.
E. Behavioral Assessment
Approval. Behavior analysts or assistant behavior analysts shall obtain the
client's or client-surrogate's approval in writing of the behavior assessment
procedures before implementing them. As used here, client-surrogate refers to
someone legally empowered to make decisions for the person(s) whose behavior
the program is intended to change; examples of client-surrogates include
parents of minors, guardians, and legally designated representatives.
F. Functional Assessment.
(I) Behavior analysts or assistant behavior
analysts shall conduct a functional assessment, as defined below, to provide
the necessary data to develop an effective behavior change program.
(II) Functional assessment includes a variety
of systematic information-gathering activities regarding factors influencing
the occurrence of a behavior (e.g., antecedents, consequences, setting events,
or motivating operations) including interview, direct observation, and
experimental analysis.
G. Explaining Assessment Results. Unless the
nature of the relationship is clearly explained to the person being assessed in
advance and precludes provision of an explanation of results (such as in some
organizational consultation, some screenings, and forensic evaluations),
behavior analysts and assistant behavior analysts shall ensure that an
explanation of the results is provided using language that is reasonably
understandable to the person assessed or to another legally authorized person
on behalf of the client. Regardless of whether the interpretation is done by
the behavior analyst, or assistant behavior analyst, or others, behavior
analysts and assistant behavior analysts shall take reasonable steps to ensure
that appropriate explanations of results are given.
H. Treatment Efficacy.
(I) The behavior analyst shall always have
the responsibility to recommend 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.
(II) Clients have a right to effective
treatment (i.e., based on the research literature and adapted to the individual
client).
(III) Behavior analysts
and assistant behavior analysts shall be responsible for review and appraisal
of likely effects on the behavioral intervention of all alternative treatments,
including those provided by other disciplines and no intervention.
(IV) In those instances where more than one
scientifically supported treatment has been established, additional factors may
be considered in selecting interventions, including, but not limited to,
efficiency and cost-effectiveness, risks and side-effects of the interventions,
client preference, and practitioner experience and training.
I. Confidential Information.
Behavior analysts and assistant behavior analysts shall treat an assessment
result or interpretation regarding an individual as confidential
information.
J. Communication of
Results. Behavior analysts and assistant behavior analysts shall accompany
communication of results of assessment procedures to the client, parents, legal
guardians, or other agents of the client by adequate interpretive aids or
explanations.
K. Reservations
Concerning Results. Behavior analysts and assistant behavior analysts shall
include in his or her report of the results of an assessment procedure any
deficiencies of the assessment norms for the individual assessed and any
relevant reservations or qualifications which affect the validity, reliability,
or other interpretation of results.
L. Protection of Integrity of Assessment
Procedures. Behavior analysts and assistant behavior analysts shall not
reproduce or describe in popular publications, lectures or public
presentations, tests or other assessment devices in ways that might invalidate
them.
M. Information for
Professional Users. Behavior analysts and assistant behavior analysts offering
an assessment procedure or automated interpretation service to other
professionals shall accompany this offering by a manual or other printed
material which fully describes the development of the assessment procedure or
service, the rationale, evidence of validity and reliability, and
characteristics of the normative population. Behavior analysts and assistant
behavior analysts shall explicitly state the purpose and application for which
the procedure is recommended and identify special qualifications required to
administer and interpret it properly. Behavior analysts and assistant behavior
analysts shall ensure that the advertisements for the assessment procedure or
interpretive services are factual and descriptive.
(13) Violations of Law.
(A) Violations of Applicable Statutes.
Behavior analysts and assistant behavior analysts shall not violate any
applicable statute or administrative rule regarding the practice of behavior
analysis.
(B) Use of Fraud,
Misrepresentation or Deception. Behavior analysts and assistant behavior
analysts shall not use fraud, misrepresentation, or deception in:
1. Obtaining a behavior analyst or assistant
behavior analyst license;
2.
Passing a behavior analyst or assistant behavior analyst licensing
examination;
3. Assisting another
to obtain a behavior analyst or assistant behavior analyst license or to pass a
behavior analyst or assistant behavior analyst licensing examination;
4. Billing clients or third-party
payors;
5. Providing behavior
analysis service;
6. Reporting the
results of applied behavior analysis evaluations or services; or
7. Conducting any other activity related to
the practice of applied behavior analysis.
(14) Aiding Unauthorized Practice.
(A) Aiding Unauthorized Practice. Behavior
analysts and assistant behavior analysts shall not aid or abet another person
in misrepresenting his or her professional credentials or in illegally engaging
in the practice of applied behavior analysis.
(B) Employing Other Licensed Professionals. A
behavior analyst and assistant behavior analyst may employ or utilize the
services of other licensed professionals in his or her practice so long as this
professional is acting within the terms and scope of his or her respective
license.
(C) Delegating
Professional Responsibility. Behavior analysts and assistant behavior analysts
shall not delegate professional responsibilities to a person not qualified or
not appropriately credentialed to provide those services.
(D) Providing Supervision. Behavior analysts
and assistant behavior analysts shall exercise appropriate supervision over
supervisees.
1. In academic and supervisory
relationships, behavior analysts and assistant behavior analysts shall
establish timely and specific processes for providing feedback to students and
supervisees. Information regarding the process shall be provided to the student
and supervisees at the beginning of supervision.
2. Behavior analysts and assistant behavior
analysts shall evaluate students and supervisees on the basis of their actual
performance on relevant and established program requirements.
(15) Resolving Issues.
(A) Reporting of Violations to Board.
Behavior analysts and assistant behavior analysts who have knowledge or believe
in good faith that there has been a violation of the statutes or rules of the
board shall inform the board in writing. When the information regarding that
violation is obtained in a professional relationship with a client, behavior
analysts and assistant behavior analysts shall report it only with the written
permission of the client. Nothing in this rule shall relieve a behavior analyst
or assistant behavior analyst of the duty to file any report required by
applicable statutes. Failure to report a violation of the statutes or rules, is
in itself, an ethics violation. No action will be taken by the board against a
behavior analyst who has made a report pursuant to the provisions of this
section unless malice is shown to be the motive for an untruthful
report.
(B) Providing Information
to Client. When behavior analysts or assistant behavior analysts learn from a
client of a possible violation of the statutes or rules of the board, or when
behavior analysts or assistant behavior analysts receive a request from a
client for information on how to file a complaint with the board, behavior
analysts and assistant behavior analysts have an obligation to inform the
client of the standards of applied behavior analysis and how to file a
complaint with the board.
(C)
Cooperating with the Board. Behavior analysts and assistant behavior analysts
shall cooperate with the Behavior Analyst Advisory Board by promptly responding
personally or through his or her attorney to inquiries.
(D) Circumventing Disciplinary Rules.
Behavior analysts and assistant behavior analysts shall not circumvent a
disciplinary rule of professional conduct through actions of another.
Disclaimer: These regulations may not be the most recent version. Missouri may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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