In this course, you will complete a project on ethical decision making. The result will be in the form of a presentation. This project is due in Module 8, so that students can share
In this course, you will complete a project on ethical decision making. The result will be in the form of a
presentation. This project is due in Module 8, so that students can share their presentation in the last class.
Rosenberg and Schwartz spearheaded the movement to a decision-making process that the 2022 Ethical
Code for Behavior Analysts adopted. As you move through the course, be thinking about how the topics
and codes may present a “gray” area to decipher when discerning between what is ethically right and
what is ethically wrong.
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Overview
In this course, you will complete a project on ethical decision making. The result will be in the form of a presentation. This project is due in Module 8, so that students can share their presentation in the last class.
Rosenberg and Schwartz spearheaded the movement to a decision-making process that the 2022 Ethical Code for Behavior Analysts adopted. As you move through the course, be thinking about how the topics and codes may present a “gray” area to decipher when discerning between what is ethically right and what is ethically wrong.
For this project, you will either:
- Report a real-life ethical dilemma you or a colleague have experienced
- Create an original ethical dilemma
Use the Rosenberg and Schwartz article and address Steps 1 – 3 (see Figure 1). You will present this process via a PPT presentation (or similar software, such as Keynote) in class. Those unable to present in live class will be required to use the record function on PPT (or other desktop recording software) and share with your instructor at least 24 hours before the Module 9 virtual class.
Directions:
Be sure to be familiar with the decision-making process. Although this assignment is presented at this time, it is best to continue to draft ideas and scenarios until you are exposed to most of the content. Once you feel prepared, write a clear and well-defined scenario. From there, you will follow the decision-making process and create a PPT presentation with at least the following slides (you may add slides, if needed):
- Title Slide
- ● Should include your name and general title of the discussion (e.g., Decision Making Guide to conflicts of interest)
- Scenario Slide
- ● While PPT slides should not typically contain excess verbiage, it will be necessary to paste your entire scenario onto this slide. The scenario should present an obvious ethical dilemma with specific contextual information, such as important characteristics of the individual, setting, relevant relationships between individuals, etc. that will allow adequate examination of the scenario.
- ● Example (used throughout the instructions):
- ● Parents ask their ABA provider, Arya, to coach their 6-year-old with down syndrome to learn how to swim. The BCBA is a certified swimming instructor on the weekends and has experience training individuals with varying intellectual abilities. The family lives in Hawaii (mom is a professional surfer and the father works for the local aquarium) and is concerned for their child’s lack of water safety skills and a lack of providers in this context. The beach, animals, and spending time with family are all highly preferred for the learner. Should Arya enter the dual relationship?
- Step 1: Why does this trigger your ethical radar?
- ● Be sure to follow the prompts in step 1, identifying the dilemma, the possible guiding BACB code, and any personal values or biases you bring to the scenario.
- ● It is fine to use more than one slide, if necessary.
- ● Example:
- ● Despite being one of the most qualified swim instructors for this population, the swim coach would be entering a dual relationship with the family (BACB Code 1.11)
- ● Arya’s behavior analytic training and background has instilled adherence to the Code and the BA verbal community has cautioned against multiple relationships with the rationale that it could impair objectivity and blur lines.
- ● Arya also wants to advance values, ethics, and principles of the profession.
- Step 2: Brainstorm Solutions
- ● Derive at least (2) different conclusions, one based solely on the code and another based on the context of the situation
- ● Example:
- ● BACB Code 1.11
- ● Other solution
“. . . behavior analysts avoid entering into or creating multiple relationships”
”“. . . seek to resolve the multiple relationship”
Honor the request under specific conditions designed for the protection of the learner, the BCBA, and the profession (i.e., clear delineation and definition of both roles, transparent and well-documented billing procedures).
Can still adhere to code 1.11 “behavior analysts develop appropriate safeguards to identify and avoid conflicts of interest in compliance with the Code and develop a plan to eventually resolve the multiple relationship. Behavior analysts document all actions taken in this circumstance and the eventual outcomes.”
- Step 3: Evaluate the Solutions
- ● Compare and contrast your two solutions and highlight at least 3 – 5 pros and cons for each solution. Consider any relevant variables listed in Figure 1, such as safety, dignity, outcomes, relationships, culture, etc.
- ● Example:
- ● Dual relationship is avoided.
- ● Relationship with the parents may be harmed
- ● Missed opportunity to disseminate and expand profession’s reach
- ● Child still without skills to swim
- ● Dual relationship is entered
- ● Risk of impaired objectivity
- ● Role confusion
- ● Unethical billing possibilities
- ● Socially valid
- ● Opportunities for intersection of interventions addressing safety, independence, and communication
- ● Dual relationship is avoided.
- Conclusion
- ● Select the outcome you chose, highlighting the key elements for your decision.
Presentation Requirements
Whether the presentation is recorded or live, it is expected that the presenter will speak clearly, so that all words are audible. It is also expected that the presenter will be prepared and articulate the information on the slides in a smooth and controlled manner (i.e., deliver pertinent information without long pauses or repetition of filler words).
|
Criteria |
20 Points |
10 Points |
0 Points |
|---|---|---|---|
|
Presentation |
Speaker was audible and articulate. |
Speaker was either audible or articulate, but not both. |
Speaker was neither audible or articulate. If assignment was not submitted in time for live lecture, students will receive a “0” in this area. |
|
Title Slide |
The section was present and the author included a relevant title and their name. | The section was present, but the author omitted either the title or name. | The section was not present or the author omitted all aspects of the section. |
|
Scenario Slide |
The scenario was well defined, including all contextual variables required. |
The scenario was defined, but some contextual variables were missing. |
The scenario was not well defined, missing contextual variables required to evaluate the situation. |
|
Step 1 Slide |
The slide presented a one-sentence explanation of the dilemma, identified the relevant BACB code, and conveyed personal values or biases related to the scenario. |
The slide was present but the author only addressed 2/3 required elements. | The slide was either not present or only addressed 1/3 required elements. |
|
Step 2 Slide |
The slide was present and identified a BACB Code related solution and an alternative solution. | The slide was present, but was missing 1/2 required elements. | The slide was either not present or did not address any required elements. |
|
Step 3 Slide |
The slide was present and listed at least 3 – 5 pros or cons to each solution. |
The slide was present, but only listed 2 pros or cons on one of the solutions. |
The slide was either not present or did not provide pros or cons to each solution. |
,
See discussions, stats, and author profiles for this publication at: https://www.researchgate.net/publication/328154081
Guidance or Compliance: What Makes an Ethical Behavior Analyst?
Article · October 2018
DOI: 10.1007/s40617-018-00287-5
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Behavior Analysis in Practice https://doi.org/10.1007/s40617-018-00287-5
DISCUSSION AND REVIEW PAPER
Guidance or Compliance: What Makes an Ethical Behavior Analyst?
Nancy E. Rosenberg1,2 & Ilene S. Schwartz1,2
# Association for Behavior Analysis International 2018
Abstract In 2016, the Behavior Analyst Certification Board (BACB) made effective a new, revised ethical code for behavior analysts, the Professional and Ethical Compliance Code for Behavior Analysts, replacing the code that had been in effect since 2001. In this revised code, the certification board has shifted the language of the code from that of a set of guidelines to that of a set of enforceable rules. This important shift has not been well discussed in the field. This article explores the potential implications and possible consequences of such a shift and describes other ways that ethical behavior has been approached historically. The authors then propose an ethical decision-making process that might provide a better area of focus for the field of behavior analysis in seeking to develop the highest levels of ethical behavior in its professionals and provide a case example using that process to resolve an ethical dilemma.
Keywords Ethics . Behavior analysis . BACB compliance code . Ethical dilemmas . Professionalism
The field of behavior analysis has experienced tremendous growth and change over the past 40 years. In 1977, there were approximately 1,100 members of the Association for Behavior Analysis International (ABAI; Deochand & Fuqua, 2016); in 2017, there were over 7,500 members (Dougher, 2017). In 1977, approximately 1,200 behavior analysts attended ABAI’s annual conference (Kangas & Vaidya, 2007); in 2017, over 5,000 attended the conference (Dougher, 2017). In 1977, there was no formal credentialing or licensing of behavior analysts anywhere in the world (behavior analysts, if licensed at all, had to be licensed under the umbrella of other disciplines, such as psychology); in 2017, there were over 25,000 master’s and doctoral-level behavior analysts credentialed by the inter- national Behavior Analyst Certification Board (BACB; www. bacb.com), and 26 states in the United States have mechanisms to license these professionals (Association of Professional Behavior Analysts, 2017).
* Nancy E. Rosenberg [email protected]
1 Special Education, College of Education, University of Washington, Box 357925, Seattle, WA 98195, USA
2 Haring Center, University of Washington, Box 357925, Seattle, WA 98195, USA
The growth in the field has been fueled primarily by the use of applied behavior analysis (ABA) with individuals with autism and by the concomitant health insurance funding for these services. Stemming largely from the seminal Lovaas (1987) study, which demonstrated a remarkable response to intervention by 9 of the 17 children with autism receiving intensive ABA therapy, and supported by an ever-increasing body of research (e.g., Wong et al., 2015), ABA has become the primary evidence-based treatment for autism. By 2017, 43 states and the national Medicaid program had mandated insur- ance coverage for ABA for children with autism spectrum disorder (Autism Speaks, 2017).
This explosive growth brings a corresponding increase in concerns about the ethical behavior of behavior-analytic prac- titioners, particularly because the growth in the field has pri- marily been in the area of developmental disabilities, involv- ing some of society’s most vulnerable members. There is a long history of mistreatment and abuse of this population, often in the name of therapeutic intervention (Dittrich, 2016; Donvan & Zucker, 2017). Some of this history of misconduct has unfortunately included the work of those claiming to be using behavioral treatments (e.g., Goldiamond, 1974; Kix, 2008; McAllister, 1972). Behavior analysts still combat this association, and it will likely take decades of exemplary eth- ical behavior for the field to break the link. Thus, an ongoing conversation about how to promote top-quality standards of professional and ethical behavior is paramount.
Behav Analysis Practice
As the primary accreditation body for behavior analysts, the BACB has taken the lead in articulating what the ethical behavior of a behavior analyst should look like. In 2001, at the advent of certification, the BACB published a code of conduct called Guidelines for Responsible Conduct for Behavior Analysts (BACB, 2001). Fifteen years later, the BACB made effective a revised code, the Professional and Ethical Compliance Code for Behavior Analysts (hereafter referred to as the BACB Code; BACB, 2014a). Any behavior analyst who wishes to obtain certification at any level through the BACB must agree to abide by this code. Hence, because of the number of behavior analysts choosing (or required by licensure or insurance requirements) to become certified, the BACB Code has become the de facto document articulating behavior-analytical ethics and professionalism.
Although the scholarly work offering in-depth discussion and analysis of ethics in behavior analysis is sparse, there have been a number of articles in the past decade that have delved into specific aspects of the BACB ethical code. LeBlanc, Heinicke, and Baker (2012), for example, explored ethical methods for behavior analysts to build boundaries of compe- tence. Several authors (e.g., Brodhead, 2015; Schreck & Miller, 2010) have provided discussion of how behavior ana- lysts can make ethical and professional decisions regarding the use of alternative and nonbehavioral treatments. O’Leary, Miller, Olive, and Kelly (2017) provide an in- depth discussion of social media and the ethical practice of behavior analysts. Several authors (Sellers, Alai-Rosales, & MacDonald, 2016; Turner, Fischer, & Luiselli, 2016) have addressed issues related to ethical supervision.
One aspect of the revised 2016 BACB Code that has not been discussed in the literature is the transition from the char- acterization of the code as a set of guidelines for ethical prac- tice to the characterization of the code as a set of enforceable rules. The original code that guided the ethical behavior of Board Certified Behavior Analysts (BCBAs) from 2001 to 2016 was called the Guidelines for Responsible Conduct for Behavior Analysts. The introduction to that code stated, “The Guidelines are provided for general reference to practitioners, employers, and consumers, of applied behavior analysis ser- vices … these Guidelines … are not separately enforced by the BACB” (BACB, 2001, p. 1; emphasis added). The word “guideline” was used throughout the code to refer to the indi- vidual elements guiding ethical practice.
The new code effective in 2016, on the other hand, is pre- sented as a list of enforceable rules rather than guidelines for behavior. The term “guideline” has been removed from the title, the Professional and Ethical Compliance Code for Behavior Analysts, and has also been completely removed from the document itself. In addition, the BACB has stated that “the Code will be enforceable in its own right and in its entirety” (BACB, 2014b). Thus, the BACB has moved from a stance of providing guidance on how to act ethically to a
stance of seeking compliance with a set of rules for practicing ethically.
This is a significant change. It assumes that there is a set of rules that can define ethical behavior for a behavior analyst in all circumstances and that ethical behavior can best be achieved by policing adherence to that set of rules. The pur- pose of this article is to explore this issue. We identify some of the perhaps unintended consequences of such a directive view of ethics and describe other ways that ethical behavior can be approached. Finally, we suggest an ethical decision-making process that we believe might provide a better area of focus for the field in seeking to develop the highest levels of ethical behavior in its professionals. As we are behavior analysts practicing in the field of developmental disabilities, we focus our examples from our scope of practice but hope that our exploration of the topic encourages behavior analysts from all areas to consider the questions we raise.
Rule-Based Ethics
The idea that there is an absolute set of rules that can govern moral behavior is called deontology, or rule-based ethics (Fisher, 2016, p. 38; Kant, 1785/1959). In deontology, the morality of an action is dictated by its adherence to a rule. Deontology is based on an assumption that it is possible to establish a set of rules or principles that can articulate ethical behavior in all circumstances and across all contexts and that if everyone then adheres to those rules, ethical behavior will be assured. Such an approach has great appeal in that it avoids any suggestion of a subjective approach to ethics: It keeps people from making selfish exceptions for themselves in what constitutes ethical behavior (Shafer-Landau, 2013, p. 442).
However, a rule-based approach can sometimes present problems. We have encountered some of the inherent issues related to this approach in our workwith the BACBCode. The issues that can arise often fall into one of three categories: (a) situations where the context of the ethical dilemma seems to argue against the rules, (b) situations where two or more rules can conflict, or (c) situations where cultural considerations seem to suggest a different course. We consider each of these potential conflicts in turn.
Context Sometimes Matters
Ethicists have argued for centuries about whether there are moral absolutes that apply in every situation. Even with a seemingly straightforward moral admonition such as “Thou shalt not kill,” it is relatively easy to come up with scenarios where adhering to the rule might not be considered the ethical course. Many people who believe generally that killing is a bad thing would agree that to kill a terrorist as he prepares to detonate a bomb designed to kill thousands of innocent people
Behav Analysis Practice
would be the right ethical decision. Similarly, the moral state- ment that “one should tell the truth” seems to be a straightfor- ward ethical rule, but again, we can quickly imagine situations where telling the truth may not be the best, or most ethical, course of action. The classic example is that of a German citizen hiding a Jew during the Nazi regime of World War II. Nazis come to the house and demand to know whether any Jews are hidden inside. Most people today would agree that in this situation, lying is the most appropriate ethical behavior. As a guideline or rule of thumb for ethical behavior, “one should tell the truth” works well; however, as an inflexible rule applicable in every circumstanc
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