Everything is provided, all you need to do is figure out how you would How you would resolve the Issues in cases 32,34,36, and 39 using the guidelines provided for each case?
Case Study # 32:
Primary Ethical Issue: Parents state that an 8-year-old client has a history of lying. The child is claiming that her father squeezed her in the past so hard that she fainted, squeezed her wrists, and she was sent to bed without dinner. No bruises were seen by the behavior analyst. The behavior analyst has documented the situation and claims but is unsure if he/she should contact an abuse hotline or just talk with the parents.
Ethical Guideline(s) Addressed in this Case:
1.0- Responsible Conduct of a Behavior Analyst- The behavior analyst maintains the high standards of professional behavior of the professional organization (pg. 294).
1.03 Professional Development- Behavior analysts who engage in assessment, therapy, teaching, research, organizational consulting, or other professional activities 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, and/or obtaining Behavior Analyst Certification Board certification(pg. 295).
1.04 (b) Integrity- the behavior analyst conforms to the legal and moral codes of the social and professional community of which the behavior analyst is a member (pg. 295).
2.0 The behavior analyst’s responsibility to clients- The behavior analyst has a responsibility to operate in the best interest of clients (pg. 298)
2.06 (a) Rights and Prerogatives of Clients– the behavior analyst supports individual rights under the law (pg. 299).
2.09 (a) Disclosures- behavior analysts disclose confidential information without the consent of the individual only as mandated by law to protect the client or others from harm (pg. 301).
2.11 (b)- Documenting Professional and Scientific Work- When behavior analysts believe their records will be used in legal proceedings involving recipients of or participants in their work, they have to create and maintain documentation of a quality that would be consistent with reasonable scrutiny in an adjudicative forum (pg. 302).
2.12- Records and Data- Behavior analysts 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 and corporate policy and in a manner that permits compliance with the requirements of these Guidelines (pg. 302)
4.01- Describing Conditions for Program Success– The behavior analyst describes to the client or client-surrogate the environmental conditions that are necessary for the program to be effective (pg. 306).
10.03- Conforming with Laws and Regulations– Behavior analysts also comply with other applicable laws and regulations related to mandated reporting requirements (pg. 317).
How would you resolve the Issue?
Case Study # 34
Primary Ethical Issue: The primary ethical issue is that a behavior consultant’s supervisor is asking him/her to change a client’s progress status to reflect the need for more services to promote further funding.
Ethical Guideline(s) Addressed in this Case:
1.0- Responsible Conduct of A Behavior Analyst- The behavior analyst maintains the high standards of professional behavior of the professional organization (pg. 294).
1.04 Integrity- (a) Behavior analysts are truthful and honest. The behavior analyst follows through on obligations and professional commitments with high quality work and refrains from making professional commitments that he/she cannot keep(pg. 295).
(b) The behavior analyst’s behavior conforms to the legal and moral codes of the social and professional community of which the behavior analyst is a member (pg. 295).
1.05 (b)- Professional and Scientific Relationships-
(b) When behavior analysts provide assessment, evaluation, treatment, counseling, supervision, teaching, consultation, research or other behavior analytic services to an individual, a group, or an organization, they use language that is fully understandable to the recipient of those services. They provide appropriate information prior to the service delivery about the nature of such services and appropriate information later about the results and conclusions. (pg. 296)
1.07 (a) Exploitative Relationships- Behavior analysts do not exploit personas over whom they have supervisory, evaluative, or other authority such as students, supervisees, employees, research participants, and clients.
2.03 Responsibility- The behavior analyst’s responsibility is to all parties affected by behavioral services.
2.10 (a)- Treatment Efficacy- The behavior analyst always has 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 (pg. 301).
2.11 (a) Documenting Professional and Scientific Work (p. 302) Behavior analysts appropriately document their professional and scientific work in order to facilitate provision of services later by them or by other professionals, to ensure accountability, and to meet other requirements of institutions or the law (pg. 302).
2.13 (b)- Behavior analysts fee practices are consistent with law and analysts do not misrepresent their fees- If limitations to services can be anticipated because of limitations in finances, this is discussed with the patient, client or other appropriate recipient of services as early as feasible.
2.14 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 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. (pg. 303).
4.08- Program Modifications- the behavior analyst modifies the program on the basis of data (p. 307).
6.06 Conflicts with Organizations- If the demands of an organization with which behavior analysts are affiliated conflict with theses Guidelines, behavior analysts clarify the nature of the conflict, make known their commitment to these Guidelines, and to the extent feasible, seek to resolve the conflict in a way that permits the fullest adherence to these Guidelines (pg. 311).
8.01- Ethical Violations by Behavioral and Nonbehvioral Colleagues- When behavior analysts believe that there are may have been ethical violation by another behavior analyst or non behavioral colleague, they attempt to resolve the issue by bringing it to the attention of that individual if an informal resolution appears appropriate and the intervention does not violate any confidentiality rights that may be involved. Tf resolution is not obtained, and the behavior analyst believes a client’s rights are being violated, the behavior analyst may take additional steps as necessary for the protection of the client. (p. 312)
10.09- Accuracy of Data– the behavior analyst does not fabricate or falsify results ( pg. 321)
How would you resolve the Issue?
Case Study #36
Primary Ethical Issue: The primary ethical issue in case # 36 is that the BCBA is conflicted because she is on a local peer review committee and has been asked to review the programs of the regional Behavior Analysis Director, who also controls her workload. Because of this dual relationship, she is worried about how her review will affect her own workload.
Ethical Guidelines Addressed in this Case:
1.01 Reliance on scientific knowledge.Behavior analysts rely on scientifically and professionally derived knowledge when making scientific or professional judgments in human service provision, or when engaging in scholarly or professional endeavors.
1.04 Integrity.
(a) Behavior analysts are truthful and honest. The behavior analyst follows through on obligations and professional commitments with high quality work and refrains from making professional commitments that he/she cannot keep.
1.06Dual relationships and conflicts of interest.
(a) In many communities and situations, it may not be feasible or reasonable for behavior analysts to avoid social or other nonprofessional contacts with persons such as clients, students, supervisees, or research participants. Behavior analysts must always be sensitive to the potential harmful effects of other contacts on their work and on those persons with whom they deal.
(b) A behavior analyst refrains from entering into or promising a personal, scientific, professional, financial, or other relationship with any such person if it appears likely that such a relationship reasonably might impair the behavior analyst’s objectivity or otherwise interfere with the behavior analyst’s ability to effectively perform his or her functions as a behavior analyst, or might harm or exploit the other party.
(c) If a behavior analyst finds that, due to unforeseen factors, a potentially harmful multiple relationship has arisen (i.e., one in which the reasonable possibility of conflict of interest or undue influence is present), the behavior analyst attempts to resolve it with due regard for the best interests of the affected person and maximal compliance with these Guidelines.
2.0 The behavior analyst’s responsibility to clients. The behavior analyst has a responsibility to operate in the best interest of clients.
4.0 The behavior analyst and the individual behavior change program.
(a) The behavior analyst designs programs that are based on behavior analytic principles, including assessments of effects of other intervention methods
6.06 Conflicts with organizations. If the demands of an organization with which behavior analysts are affiliated conflict with these Guidelines, behavior analysts clarify the nature of the conflict, make known their commitment to these Guidelines, and to the extent feasible, seek to resolve the conflict in a way that permits the fullest adherence to these Guidelines.
How would you resolve the Issue?
Case Study #39
Primary Ethical Issue: The primary ethical issue in case #39 is whether the BCBA should start behavioral services with a student that she thinks may have a medical condition relating to his hyperactivity, however the mother refuses to share his medical information. Questions the BCBA included were: “Is it ethical to proceed even though I have a strong hunch that Jason has a medical condition that is related to his hyperactivity? Can I tell the mother that I ‘have to have the records or he will get no services at all?’ Or should I just drop the case altogether since I don’t think Jason has a ‘behavior’ problem?”
Ethical Guidelines Addressed in this Case:
1.01 Reliance on scientific knowledge.Behavior analysts rely on scientifically and professionally derived knowledge when making scientific or professional judgments in human service provision, or when engaging in scholarly or professional endeavors.
1.05 Professional and scientific relationships.
(b) “When behavior analysts provide assessment, evaluation, treatment, counseling, supervision, teaching, consultation, research, or other behavior analytic services to an individual, a group, or an organization, they use language that is fully understandable to the recipient of those services. They provide appropriate information prior to service delivery about the nature of such services and appropriate information later about results and conclusions.”
2.04 Consultation. Behavior analysts 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.
2.07 Maintaining confidentiality.
(a)Behavior analysts have a primary obligation and 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.
(b) 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.
2.10 Treatment efficacy.
(a) The behavior analyst always has 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.
(b) Clients have a right to effective treatment (i.e., based on the research literature and adapted to the individual client).
(c) Behavior analysts are responsible for review and appraisal of likely effects of all alternative treatments, including those provided by other disciplines and no intervention.
(d) 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.
2.16 Interrupting or terminating services.
(c) Behavior analysts do not abandon clients. Behavior analysts terminate a professional relationship when it becomes reasonably clear that the client no longer needs the service, is not benefiting, or is being harmed by continued service.
3.0 Assessing behavior.Behavior analysts who use behavioral assessment techniques do so for purposes that are appropriate in light of research. Behavior analysts 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’ assessments, recommendations, reports, and evaluative statements are based on information and techniques sufficient to provide appropriate substantiation for their findings.
(c) Behavior analysts recognize limits to the certainty with which judgments or predictions can be made about individuals.
3.04 Consent-client records. The behavior analyst obtains the written consent of the client or client-surrogate before obtaining or disclosing client records from or to other sources, including clinical supervisor.
4.01 Describing conditions for program success. The behavior analyst describes to the client or client-surrogate the environmental conditions that are necessary for the program to be effective.
4.02 Environmental conditions that preclude implementation. If environmental conditions preclude implementation of a behavior analytic program, the behavior analyst recommends that other professional assistance (i.e., assessment, consultation or therapeutic intervention by other professionals) be sought.
4.03 Environmental conditions that hamper implementation. If environmental conditions hamper implementation of the behavior analytic program, the behavior analyst seeks to eliminate the environmental constraints, or identifies in writing the obstacles to doing so.
4.11 Termination criteria. 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.
How would you resolve the Issue?
References
Bailey, J., & Burch, M. (2011). Ethics for behavior analysts (2nd ed.). New York, NY:
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