The Ethical Behavior Analyst: Working in the Best Interest of the Client
By Eric W. Maier, M.A., B.C.B.A.
Behavior analysts that are conducting research, working with developmental disabled populations, teaching at universities, and working in organizations to improve employee performance either have, or probably will encounter a difficult or perplexing situation that may or may not be easily resolvable. When these situations arise, practitioners need to act in a professional manner by following the Behavior Analyst Certification Board (BACB®) guidelines, the rules and policies of their employers, the rules and policies of the educational institution, and/ or applicable state and federal laws that will ultimately end in a decision that will be in the best interest of the research participant, client, and/or consumer (these three terms will be used interchangeably throughout this commentary.) The purpose of this commentary is to describe and discuss ethical situations, dilemmas, factors that influence ethical/ unethical behavior, and suggestions for monitoring the behavior of professionals in the field of behavior analysis.
Engaging in ethical behavior should be the goal of every professional working within and outside the behavior analytic community. It would appear that acting in an ethical manner would be simple enough, however that is not always the case. Practitioners may encounter situations where they have to make a decision that may have an impact on their research participant, client, and/or consumer. One may question what is involved when a professional is acting in an ethical manner. Ethical behavior is defined by the decisions made by the behavior analyst when possible situations arise or when encountering situations that need to be immediately resolved that ultimately result in the best interest of the client/consumer. Prior to making any decision, the behavior analyst attempts to identify possible side effects of the proposed decision. In addition, the rules and policies of the organization are also taken into account when making decisions that will best meet the needs of the client. Lastly, engaging in ethical behavior would include consulting with colleagues to ensure that any decision made is in the consumer’s best interest.
In order to truly understand ethical behavior, one would have to understand unethical behavior and the impact that unethical behavior can have on all parties involved. What happens when a behavior analyst engages in unethical behavior? Who is impacted by the actions of their unethical behavior? Who monitors and reprimands those professionals that decide to act on their own best interest as opposed to the best interest of the client/consumer? Behaving in an unethical manner may or may not produce harmful side effects. Regardless, if the response of the behavior analyst is in the best interest of the behavior analyst and not in the best interest of the client, it is very possible that the behavior is unethical.
Ethical situations may arise where a solution to the ethical problem may not be so simple because the choices presented may have side effects on the client regardless of the decision made. The “dilemma” is trying to identify the solution that will have the slightest negative impact on the client. Attempting to predict those side effects and the impact they may have can be challenging for the behavior analyst who may be in a position that is unique or in a situation that is similar to an ethical situation experienced by other professionals in our field. Resolving the situation is not always simple and that is why the situation is termed an “ethical dilemma.” An example of an ethical dilemma may be attempts to determine what action is in the best interest of the client but may not be legal according to state and/or federal regulations. The behavior analyst is caught between helping their client and avoiding acts that are illegal and punishable by law. Such situations can be challenging for the behavior analyst when attempting to determine how to respond so that there are minimal negative side effects to all parties involved.
In resolving an ethical dilemma, a behavior analyst should do everything possible to try to avoid any potential harm to their clients. A behavior analyst should act in a proactive manner to avoid potential situations from arising as opposed to only acting in a reactive manner. When attempting to resolve ethical dilemmas, a behavior analyst should generate a list of the possible positive and negative side effects that could occur before making an attempt in resolving the situation. In addition, the behavior analyst should determine whether or not the final decision is truly in the best interest of the client. The behavior analyst should also consult with more than one colleague. Specifically, the consultation should be with other professionals that are employed within the organization/ institution of the behavior analyst and outside of their organization/ institution to get unbiased opinions and recommendations. In addition, the behavior analyst should review the BACB® guidelines prior to making any decision as these guidelines should “guide” the behavior analyst in the right direction. Lastly, the behavior analyst should have a possible back up plan that could also be discussed with other professionals in the event that the first choice does not produce the predicted results.
There are a variety of environmental factors that may influence the behavior of the ethical behavior analyst such as the Behavior Analyst Certification Board (BACB®), funding sources such as school districts and regional centers, Institutional Review Boards, employer policies, religion, and other personal beliefs.
The BACB® guidelines were designed to guide behavior analysts in making the ethically correct choice when working with their clients. The guidelines specify how a behavior analyst should conduct themselves (BACB® Guideline 1.0) and specify their responsibilities to their clients (BACB® Guideline 2.0). In addition, accessing behavior is addressed (BACB® Guideline 3.0) and how behavior change program should be ethically implemented (BACB® Guideline 4.0.) The behavior analyst is also provided with guidance on how one should supervise and teach (BACB® Guideline 5.0) and how a professional in our field should conduct themselves in the work place (BACB® Guideline 6.0.) How to conduct research in an ethical manner (BACB® Guideline 7.0) and the behavior analyst’s responsibility to the field (BACB® Guideline 8.0) is also addressed within the BACB® guidelines. Lastly, the responsibility a behavior analyst has to their colleagues (BACB® Guideline 9.0) and to society (BACB® Guideline 10.0) is outlined within the guidelines to assist the ethical behavior analyst in making the ethically right choices (for a detailed account of certificate requirements and ethical guidelines for responsible conduct, please refer to the BACB website at www.bacb.com).
The previous mentioned BACB® guidelines are a major influential factor when making the ethically right choices for professionals in our field. However there are other influential factors that could pose challenges for behavior analysts. For example, funding sources such as school districts and regional centers may put pressure on behavior analysts to make choices that are not always in the best interest of the consumer. When a third party is funding the behavior analytic treatment program, problems may arise when the funding source wants to decrease treatment hours and attempts to influence the behavior analyst in modifying the behavior analytic recommendations. Another example is the influence an employer may have on the behavior analyst as an employee. The ethical behavior analyst may receive directives from their employer that are unethical in nature. Although the behavior analyst may be in a position where they may be influenced to make an unethical decision, the BACB® guidelines address these types of issues and provide the professional with guidance in making the ethically right decision. The ethical behavior analyst is now experiencing an “ethical dilemma” in that acting in an ethical manner may actually jeopardize the continued employment with their current organization.
Individuals within our behavior analytic community are guided and encouraged to take responsibility not only for their own actions but to ensure that other professionals in our field behave in an ethical manner. In addition, behavior analysts must abide by the guidelines that were set by our professional organization, the BACB®. Fortunately, the community within our field is growing and dissemination of best practices is more likely to occur as a result of our growing field. However, monitoring all of the professionals will be a challenge if not impossible for the BACB®. In order to meet this challenge and to ensure a higher probability of ethical behavior among behavior analysts, we would suggest that organizations such as the Association for Behavior Analysis International (ABAI®) and state organizations such as the California Association for Behavior Analysis (CalABA®) should assist in the organization of Ethical Review Boards (ERB). These review boards should consist of Doctoral Level Board Certified Behavior Analysts (BCBA-D®) who conduct research, provide direct behavior analytic services to individuals with developmental disabilities, and professors from local universities. There should be an ERB in every major city where significant populations of behavior analysts reside. The purpose of the ERB is to respond to complaints or concerns by those who are participating in research studies, paying for behavior analytic services, and/or receiving behavior analytic services. The ERB could investigate these concerns or complaints and decide whether or not to act on behalf of the BACB® if need be. The result of organizing Ethical Review Boards would most probably help move the technology based on the science of human behavior in a positive forward direction.
References
Bailey, J.S., & Burch, M.R. (2005). Ethics for Behavior Analysts: A Practical Guide to the Behavior Analyst Certification Board Guidelines for Responsible Conduct. Lawrence Erlbaum Associates, Publishers
BACB Professional Disciplinary Standards. (2004). Behavior Analyst Certification Board. Retrieved December 21, 2011 from http://www.bacb.com/index.php?page=57
