Ethics and Legal Considerations Flashcards

A BCAT receives a gift from a grateful parent after a successful therapy milestone. What is the most ethical course of action?

Answer: Decline the gift and explain the professional boundary policy

Accepting gifts from clients or families creates a dual relationship and violates professional boundaries under the BACB ethics code.

Under IDEA, which term describes the legally mandated document outlining a student's special education services and goals?

Answer: Individualized Education Program (IEP)

The IEP is the legally required document under IDEA that specifies a student's special education goals, services, and accommodations.

A BCAT notices a colleague using a punishment procedure not approved in the client's behavior plan. What should the BCAT do first?

Answer: Address it with the colleague and if unresolved escalate to a supervisor

Ethical practice requires addressing the concern directly and escalating to a supervisor if the behavior continues, to protect the client.

Which federal law specifically prohibits discrimination against individuals with disabilities in programs receiving federal financial assistance?

Answer: Section 504 of the Rehabilitation Act

Section 504 of the Rehabilitation Act prohibits discrimination against individuals with disabilities by programs receiving federal funding.

Informed consent for ABA services for a minor must be obtained from whom?

Answer: The legal guardian or parent of the minor

Legal guardians or parents must provide informed consent for ABA services for minors because minors cannot legally consent to treatment.

A BCAT is asked by a supervisor to skip session documentation to save time. The BCAT should:

Answer: Refuse and explain that accurate documentation is an ethical and legal obligation

Accurate and timely documentation is required by both professional ethics and billing regulations; skipping it constitutes fraud and negligence.

What does 'least restrictive environment' mean in the context of special education law?

Answer: Students with disabilities should be educated alongside non-disabled peers to the maximum extent appropriate

LRE under IDEA requires that students with disabilities be educated with their non-disabled peers to the maximum extent appropriate for them.

A parent asks a BCAT to share another client's data to compare progress. What should the BCAT do?

Answer: Refuse because sharing another client's data violates confidentiality

Client confidentiality is protected under HIPAA and ethics codes; sharing any client data with unauthorized parties is a violation.

When a BCAT suspects abuse or neglect of a client, what is the required action?

Answer: Fulfill mandatory reporter obligations by reporting to the appropriate child protective services agency

BCAs are mandatory reporters and must report suspected abuse or neglect to the appropriate authorities regardless of certainty.

Which ethical principle requires a BCAT to act in the best interest of the client rather than their own personal gain?

Answer: Beneficence

Beneficence means promoting the well-being of the client and acting in their best interest above personal interests.

A BCAT discovers they inadvertently shared a client's PHI via email. The first step should be to:

Answer: Notify the supervisor and follow the organization's breach response protocol

HIPAA requires organizations to follow breach notification protocols, so the BCAT must immediately notify a supervisor to trigger the proper response.

A client's IEP team meeting is scheduled and a parent cannot attend. Under IDEA, the school must:

Answer: Reschedule or offer alternative means for parental participation

IDEA requires schools to make reasonable efforts to ensure parental participation, including rescheduling or offering alternative participation methods.

Dual relationships in ABA practice are problematic primarily because they:

Answer: Can compromise the therapist's objectivity and client welfare

Dual relationships compromise the therapist's objectivity and can lead to exploitation or harm to the client.

Which document would a BCAT most likely reference to understand their professional ethical obligations?

Answer: The BACB Ethics Code for Behavior Analysts

The BACB Ethics Code establishes the professional and ethical standards that all BACB certificants, including BCAs, must follow.

A BCAT is working in a home setting when the client's sibling begins recording video of the session. The BCAT should:

Answer: Stop the recording and remind the family about confidentiality and consent policies

Recording ABA sessions without consent violates client confidentiality, and the BCAT must address this by reminding the family of the policy.

What is the purpose of a Behavior Intervention Plan (BIP) in the context of legal and ethical practice?

Answer: To document a structured, approved plan for addressing problem behaviors ethically and consistently

A BIP documents approved, ethical, and consistent strategies for addressing problem behaviors based on FBA findings.

Under HIPAA, a covered entity may share a client's PHI without authorization for which of the following purposes?

Answer: Treatment coordination with other healthcare providers

HIPAA permits disclosure of PHI for treatment, payment, and healthcare operations without explicit authorization.

A BCAT receives instructions from a BCBA that the technician believes may cause harm to the client. The most appropriate action is to:

Answer: Express the concern to the BCBA and if unresolved escalate to a higher authority

Ethics codes require BCAs to voice concerns about potentially harmful instructions and to escalate if those concerns are not adequately addressed.

The ethical principle of 'do no harm' in ABA practice is best associated with which term?

Answer: Nonmaleficence

Nonmaleficence means avoiding actions that harm the client and is the principle behind 'do no harm.'

If a BCAT is terminated from a position, which ethical obligation remains after employment ends?

Answer: Maintaining confidentiality of all client information obtained during employment

Confidentiality obligations continue indefinitely after employment ends and are not dissolved by termination or resignation.