16 Tex. Admin. Code § 121.75 - Code of Ethics
(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.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.