BCAT Ethics and Legal Considerations 4 — Questions and Answers
Question 1: A BCAT is working in a home setting when the client's sibling begins recording video of the session. The BCAT should:
- Allow recording since it is a private home
- Stop the recording and remind the family about confidentiality and consent policies (Correct answer)
- Continue the session and report it after leaving
- Ask the sibling to delete the video immediately
Correct 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.
Question 2: What is the purpose of a Behavior Intervention Plan (BIP) in the context of legal and ethical practice?
- To justify billing rates for ABA sessions
- To document a structured, approved plan for addressing problem behaviors ethically and consistently (Correct answer)
- To serve as a diagnostic record replacing the FBA
- To replace the need for parental consent
Correct 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.
Question 3: Under HIPAA, a covered entity may share a client's PHI without authorization for which of the following purposes?
- Marketing a new therapy service to the client's family
- Sharing data with a research firm for profit
- Treatment coordination with other healthcare providers (Correct answer)
- Posting anonymized case studies on social media
Correct answer: Treatment coordination with other healthcare providers
HIPAA permits disclosure of PHI for treatment, payment, and healthcare operations without explicit authorization.
Question 4: A BCAT receives instructions from a BCBA that the technician believes may cause harm to the client. The most appropriate action is to:
- Follow the instructions since the BCBA has superior credentials
- Implement the instructions but note personal objections in a private diary
- Express the concern to the BCBA and if unresolved escalate to a higher authority (Correct answer)
- Refuse all future instructions from that BCBA
Correct 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.
Question 5: The ethical principle of 'do no harm' in ABA practice is best associated with which term?
- Fidelity
- Justice
- Nonmaleficence (Correct answer)
- Veracity
Correct answer: Nonmaleficence
Nonmaleficence means avoiding actions that harm the client and is the principle behind 'do no harm.'
Question 6: If a BCAT is terminated from a position, which ethical obligation remains after employment ends?
- No obligations remain once employment ends
- Continuing to implement the client's behavior plan independently
- Maintaining confidentiality of all client information obtained during employment (Correct answer)
- Reporting all client progress to the new technician without consent
Correct 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.
Question 7: Which of the following best describes 'assent' in the context of ABA with pediatric clients?
- Legal consent provided by parents or guardians
- A child's voluntary agreement or willingness to participate in treatment (Correct answer)
- A formal written agreement signed by the client
- Permission granted by the school district
Correct answer: A child's voluntary agreement or willingness to participate in treatment
Assent refers to a child's expressed willingness to participate, which is ethically important even though legal consent comes from guardians.
A BCAT is working in a home setting when the client's sibling begins recording video of the session.
The BCAT should: