| (a) Individuals certified by the BACB are required
to comply with the BACB Ethics Code for Behavior
Analysts .
(1) The department may consult the requirements of
the certifying entity or the BACB Ethics
Code for Behavior Analysts in the application and enforcement
of the ethical standards included in this section.
(2) The department will apply the requirements of this
section consistent with the requirements, guidance, and interpretations
of the certifying entity unless an alternate interpretation is reasonably
necessary or required.
(b) A license holder shall comply with the following
ethical standards when providing behavior analysis services. A license
holder shall:
(1) comply with all provisions of the Act and this
chapter, as well as any other state or federal law or rule that applies
to the provision of behavior analysis services by, or the regulation
of, a license holder.
(2) provide behavior analysis services without discrimination
based on race, color, national origin, religion, gender, age, or disability.
(3) offer to perform or perform only behavior analysis
services for which a license holder is qualified and that are within
the scope of a license holder's certification, license, or competence,
considering level of education, training, and experience.
(4) accurately and truthfully represent the license
holder's education, training, credentials, and competence.
(5) fully and accurately inform clients of the nature
and possible outcomes of services rendered.
(6) be knowledgeable of all available information relevant
to the behavior analysis services being provided to a client.
(7) take reasonable measures to ensure a safe environment
for clients.
(8) maintain objectivity in all matters concerning
the welfare of a client.
(9) not guarantee, directly or by implication, the
results of any behavior analysis services, except that a reasonable
statement of prognosis may be made. A license holder shall not mislead
clients to expect results that cannot be predicted from reliable evidence.
(10) obtain written consent from a client in order
to use a client's data or information for research or teaching activities.
(11) reveal confidential or personal information about
a client only with authorization unless:
(A) required by law or compelled by a court to reveal
the information;
(B) required by the certifying entity to reveal the
information; or
(C) revealing the information is necessary to protect
the welfare of a client or of the community.
(12) document any confidential or personal information
disclosed, the person or entity to whom it was disclosed, and the
justification for disclosure in a client's record if a license holder
reveals such information about a client without authorization.
(13) if requested, provide an explanation of the charges
for behavior analysis services previously made on a bill or statement
in writing and in plain language.
(14) if requested, accurately represent and describe
any product created or recommended by a license holder that is used
or will be used in providing behavior analysis services to a client.
(15) not offer to pay or agree to accept any remuneration
directly or indirectly, overtly or covertly, in cash or in kind, to
or from any person, firm, association of persons, partnership, or
corporation for securing or soliciting clients or patronage.
(16) not overcharge a client or third party.
(17) not over treat a client.
(18) terminate a professional relationship when it
is reasonably clear that a client is not benefitting from the services
being provided or when it is reasonably clear that a client no longer
needs the services.
(19) seek to identify competent, dependable referral
sources for clients and shall refer when requested or appropriate.
(20) not sell, barter, or offer to sell or barter a
license.
(21) refrain from practicing behavior analysis if,
due to illness or use of alcohol, drugs or medications, narcotics,
chemicals or other substances, or from mental or physical conditions,
a license holder is incapable of practicing with reasonable skill
and safety to clients in the provision of behavior analysis services.
(22) refrain from engaging in sexual contact, including
intercourse or kissing, sexual exploitation, or therapeutic deception,
with a client. Sexual contact and sexual intercourse mean the activities
and behaviors described in Penal Code, §21.01. Sexual exploitation
means a pattern, practice, or scheme of conduct, which may include
sexual contact, that can reasonably be construed as being for the
purposes of sexual arousal or gratification or sexual abuse of any
person. Therapeutic deception means a representation by a license
holder that sexual contact with, or sexual exploitation by, the license
holder is consistent with, or part of, the behavior analysis services
being provided to a client.
(23) refrain from participating in inappropriate or
exploitative multiple relationships. Inappropriate or exploitative
multiple relationships are prohibited.
(A) Inappropriate or exploitative relationships include,
but are not limited to, relationships in which:
(i) a license holder's objectivity is impaired or likely
to be impaired;
(ii) a license holder's ability to provide competent
services is impaired or prevented;
(iii) the relationship is or reasonably could be harmful
to the well-being of a client, supervisee, employee, student, or other
person involved in the provision of behavior analysis services with
a license holder, including the person's emotional, psychological,
physical, social, or financial well-being;
(iv) the relationship creates or could create a conflict
of interest among a license holder and a client or any person or entity
involved in or connected with the provision of behavior analysis services
to a client, unless the conflict of interest has been addressed in
accordance with §121.71(a)(2); or
(v) a license holder receives an advantage, benefit,
or thing of value other than regular compensation for behavior analysis
services provided.
(B) Inappropriate or exploitative relationships may
include unprofessional behavior such as: deception; trickery; undue
pressure or influence, including giving or acceptance of gifts; intimidation;
or threats; but need not be accompanied by such behaviors to be inappropriate
or exploitative.
(C) Multiple relationships, other than those related
to the provision of behavior analysis services or that have been addressed
in accordance with §121.71(a)(2), between a license holder and
the following may be considered inappropriate or exploitative unless
evidence demonstrates otherwise:
(i) client;
(ii) authorized representative of a client;
(iii) spouse or significant other of a client;
(iv) cohabitants of a client;
(v) first-degree and second-degree relatives of a client;
and
(vi) persons with whom a client shares a close personal,
business, or financial relationship.
(D) Except as provided in §121.71(a)(2), multiple
relationships are prohibited:
(i) during the provision of behavior analysis services
to a client;
(ii) for a minimum of two years after behavior analysis
services have ended;
(iii) at all times after behavior analysis services
have ended if behavior analysis services for the same client are reasonably
expected to be requested from a license holder again; and
(iv) indefinitely until there is reasonable certainty
that the potential for harm to a client is unlikely.
(c) Information used by a license holder in any advertisement
or announcement shall not contain information that is false, inaccurate,
misleading, incomplete, out of context, deceptive or not readily verifiable.
Advertising includes, but is not limited to, any announcement of services,
letterhead, business cards, commercial products, and billing statements.
False, misleading, or deceptive advertising or advertising not readily
subject to verification includes advertising that:
(1) makes a material misrepresentation of fact or omits
a fact necessary to make the statement as a whole not materially misleading;
(2) makes a representation likely to create an unjustified
expectation about the results of a professional service;
(3) compares a professional's services with another
professional's services unless the comparison can be factually substantiated;
(4) causes confusion or misunderstanding as to the
credentials, education, or licensing of a professional;
(5) makes a representation that is designed to take
advantage of the fears or emotions of a client; or
(6) represents in the use of a professional name, a
title or professional identification that is expressly or commonly
reserved to or used by another profession or professional, unless
a license holder is licensed or otherwise authorized to use the title
or professional identification.
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