IDEIA and the Behavior Analyst - Applied Behavioral Strategies

Transcription

Ethics and BIP Development
Mass ABA April 4, 2014
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Applied Behavioral Strategies LLC
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Effective July 1, 2008 3 Type 2 hours required
in Ethics
 Letter from BACB describing ethics
requirements
 February 2013 Newsletter describing changes
to continuing education

 Who knows what it said?
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Ethical issues related to Functional
Behavioral Assessments (FBAs) and Behavior
Intervention Plans (BIPs)
 Strategies for preventing ethical issues
related to FBAs and BIPs
 Methods for resolving ethical issues related
to FBAs and BIPs
 Behavior Analyst Certification Board (BACB)
Guidelines for Responsible Conduct

[email protected]
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7.
What must you know?
FBA quick review (do not want to duplicate
SPED Law Course)
BACB Guidelines and BIPs
BIP Ingredients
SPED Law and BIPs
Colleagues
Questions and Discussion
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BACB Guidelines
for Responsible
Conduct
BACB Professional
and Disciplinary
Standards
BACB Certificant
Federal Laws
State Laws
Behavior analysts' assessments,
recommendations, reports, and evaluative
statements are based on information and
techniques sufficient to provide appropriate
substantiation for their findings
 Behavior analysts refrain from misuse of
assessment techniques, interventions, results,
and interpretations and take reasonable steps to
prevent others from misusing the information
these techniques provide

[email protected]
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Behavior analysts recognize limits to the
certainty with which judgments or
predictions can be made about individuals
 Behavior analysts do not promote the use of
behavioral assessment techniques by
unqualified persons (i.e., those who are
unsupervised by experienced professionals
and have not demonstrated valid and reliable
assessment skills)

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
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3.01 Behavioral Assessment Approval
The behavior analyst must obtain the client’s
or client-surrogate’s approval in writing of the
behavior assessment procedures before
implementing them


3.02 Functional Assessment
(a) The behavior analyst conducts a functional
assessment, as defined below, to provide the
necessary data to develop an effective behavior
change program

(b) Functional assessment includes a variety of
systematic information-gathering activities regarding
factors influencing the occurrence of a behavior (e.g.,
antecedents, consequences, setting events, or
motivating operations) including interview, direct
observation, and experimental analysis
[email protected]
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3.03 Explaining Assessment Results
Unless the nature of the relationship is clearly
explained to the person being assessed in
advance and precludes provision of an
explanation of results (such as in some
organizational consultation, some screenings,
and forensic evaluations), behavior analysts
ensure that an explanation of the results is
provided using language that is reasonably
understandable to the person assessed or to
another legally authorized person on behalf of
the client

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3.04 Consent-Client Records.
The behavior analyst obtains the written
consent of the client or client-surrogate
before obtaining or disclosing client records
from or to other sources, including clinical
supervisor


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3.05 Describing Program Objectives.
The behavior analyst describes, in writing,
the objectives of the behavior change
program to the client or client-surrogate (see
below) before attempting to implement the
program. And to the extent possible, a riskbenefit analysis should be conducted on the
procedures to be implemented to reach the
objective.
[email protected]
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
BCBA Betty, wants to stay on top of her
clients. At the first sign of trouble, her staff
begin collecting the ABC data. BCBA Betty,
analyzes those data so she knows the
function of her clients’ behavior and can
readily direct staff about how to respond to
behavior.
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Team decision
Written consent
When
1.
2.
3.
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Emergency change of placement/manifestation
As part of initial and full evaluation (implied)
Special considerations (implied)
Placement decisions (implied)
IEE (implied)
[email protected]
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5

Harry Potter attended a public school. He
began misbehaving in his special education
classroom. Because a BCBA was assigned to
him, she quickly developed a simple BIP and
coached the team to implement. She was
most interested in preventing the behavior
from becoming a more serious problem.
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
1.01 Reliance on Scientific Knowledge.
Behavior analysts rely on scientifically and
professionally derived knowledge when
making scientific or professional judgments
in human service provision, or when engaging
in scholarly or professional endeavors.

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Missy’s 34-year-old brother Mac engages in
hand mouthing. His group home retained a
BCBA to assist with the problem. This BCBA
was also an OT. She prescribed a program
utilizing a chew toy. She wanted to tie the
chew toy on to Mac’s belt buckle so that he
wouldn’t throw it. She also wanted to use
pudding or similar in order to teach Mac to
put the inedible item in his mouth.
[email protected]
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(a) Behavior analysts provide services, teach,
and conduct research only within the boundaries
of their competence, based on their education,
training, supervised experience, or appropriate
professional experience.
 (b) Behavior analysts provide services, teach, or
conduct research in new areas or involving new
techniques only after first undertaking
appropriate study, training, supervision, and/or
consultation from persons who are competent in
those areas or techniques.


Kala, Missy’s supervisee, has decided that
when she finishes her program and passes
her BACB test she wants to start working in
the early intervention B23 program because
she thinks that little kids don’t engage in
aggressive behavior.


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2.02 Accepting Clients.
The behavior analyst accepts as clients only
those individuals or entities (agencies, firms,
etc.) whose behavior problems or requested
service are commensurate with the behavior
analyst’s education, training, and experience. In
lieu of these conditions, the behavior analyst
must function under the supervision of or in
consultation with a behavior analyst whose
credentials permit working with such behavior
problems or services.
[email protected]
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
Dr. Tom called Missy (because of her
wonderful reputation with feeding therapy)
and asked if she wanted to consult on a case
in Boston. The girl was 16, diagnosed with
anorexia, and hospitalized because of her
extremely low weight.

The behavior analyst’s responsibility is to all
parties affected by behavioral services.


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(a) Behavior analysts arrange for appropriate
consultations and referrals based principally on the
best interests of their clients, with appropriate
consent, and subject to other relevant considerations,
including applicable law and contractual obligations.
(b) When indicated and professionally appropriate,
behavior analysts cooperate with other professionals
in order to serve their clients effectively and
appropriately. Behavior analysts recognize that other
professions have ethical codes that may differ in their
specific requirements from these Guidelines.
[email protected]
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
(a) When a behavior analyst agrees to provide
services to a person or entity at the request of a
third party, the behavior analyst clarifies to the
extent feasible, at the outset of the service, the
nature of the relationship with each party. This
clarification includes the role of the behavior
analyst (such as therapist, organizational
consultant, or expert witness), the probable uses
of the services provided or the information
obtained, and the fact that there may be limits
to confidentiality.

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(b) If there is a foreseeable risk of the
behavior analyst being called upon to
perform conflicting roles because of the
involvement of a third party, the behavior
analyst clarifies the nature and direction of
his or her responsibilities, keeps all parties
appropriately informed as matters develop,
and resolves the situation in accordance with
these Guidelines.
[email protected]
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(a) The behavior analyst supports individual
rights under the law.
 Hence, the SPED Law presentation at MASS
ABA in 2012


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Behavior analysts maintain appropriate
confidentiality in creating, storing, accessing,
transferring, and disposing of records under
their control, whether these are written,
automated, or in any other medium. Behavior
analysts maintain and dispose of records in
accordance with applicable law or regulation,
and corporate policy, and in a manner that
permits compliance with the requirements of
these Guidelines.
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[email protected]
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(a) The behavior analyst always has the
responsibility to recommend scientifically
supported most effective treatment
procedures. Effective treatment procedures
have been validated as having both longterm and short-term benefits to clients and
society.
 (b) Clients have a right to effective treatment
(i.e., based on the research literature and
adapted to the individual client).

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(c) Behavior analysts are responsible for review
and appraisal of likely effects of all alternative
treatments, including those provided by other
disciplines and no intervention.
 (d) In those instances where more than one
scientifically supported treatment has been
established, additional factors may be
considered in selecting interventions, including,
but not limited to, efficiency and costeffectiveness, risks and side-effects of the
interventions, client preference, and practitioner
experience and training.


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Behavior analysts create, maintain,
disseminate, store, retain, and dispose of
records and data relating to their research,
practice, and other work in accordance with
applicable laws or regulations and corporate
policy and in a manner that permits
compliance with the requirements of these
Guidelines.
[email protected]
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
In their reports to those who pay for services
or sources of research, project, or program
funding, behavior analysts accurately state
the nature of the research or service
provided, the fees or charges, and where
applicable, the identity of the provider, the
findings, and other required descriptive data.

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(a) ……death, illness, absence
(b)……ending contracts
(c) Behavior analysts do not abandon clients. Behavior
analysts terminate a professional relationship when it
becomes reasonably clear that the client no longer needs
the service, is not benefiting, or is being harmed by
continued service.
(d) Prior to termination for whatever reason, except where
precluded by the client’s conduct, the behavior analyst
discusses the client’s views and needs, provides
appropriate pre-termination services, suggests alternative
service providers as appropriate, and takes other
reasonable steps to facilitate transfer of responsibility to
another provider if the client needs one immediately.
[email protected]
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
The behavior analyst (a) designs programs
that are based on behavior analytic
principles, including assessments of effects of
other intervention methods, (b) involves the
client or the client-surrogate in the planning
of such programs, (c) obtains the consent of
the client, and (d) respects the right of the
client to terminate services at any time.

The behavior analyst describes to the client
or client-surrogate the environmental
conditions that are necessary for the program
to be effective.

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If environmental conditions preclude
implementation of a behavior analytic
program, the behavior analyst recommends
that other professional assistance (i.e.,
assessment, consultation or therapeutic
intervention by other professionals) be
sought.
[email protected]
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
If environmental conditions hamper
implementation of the behavior analytic
program, the behavior analyst seeks to
eliminate the environmental constraints, or
identifies in writing the obstacles to doing so

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The behavior analyst must obtain the client’s
or client-surrogate’s approval in writing of the
behavior intervention procedures before
implementing them.
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The behavior analyst recommends
reinforcement rather than punishment
whenever possible.
 If punishment procedures are necessary, the
behavior analyst always includes
reinforcement procedures for alternative
behavior in the program.

[email protected]
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
The behavior analyst minimizes the use of
items as potential reinforcers that maybe
harmful to the long-term health of the client
or participant (e.g., cigarettes, sugar or fatladen food), or that may require undesirably
marked deprivation procedures as motivating
operations.

The behavior analyst collects data, or asks
the client, client-surrogate, or designated
others to collect data needed to assess
progress within the program

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The behavior analyst modifies the program
on the basis of data
[email protected]
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
The behavior analyst explains program
modifications and the reasons for the
modifications to the client or client-surrogate
and obtains consent to implement the
modification

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The behavior analyst reviews and appraises
the restrictiveness of alternative
interventions and always recommends the
least restrictive procedures likely to be
effective in dealing with a behavior problem
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[email protected]
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
The behavior analyst establishes
understandable and objective (i.e.,
measurable) criteria for the termination of
the program and describes them to the client
or client-surrogate

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The behavior analyst terminates the
relationship with the client when the
established criteria for termination are
attained, as in when a series of planned or
revised intervention goals has been
completed
[email protected]
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
For a child whose behavior impedes the
child's learning or that of others:
 consider the use of positive behavioral
interventions and supports, and other strategies,
to address that behavior
Consider the communication needs of the
child
 Consider whether the child needs assistive
technology devices and services


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§300.324 (a) (2) Consideration of special
factors. The IEP Team must--(i) In the case of
a child whose behavior impedes the child’s
learning or that of others, consider the use of
positive behavioral interventions and supports,
and other strategies, to address that behavior
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Professional development for teachers and
other school staff to enable such personnel to
deliver scientifically based academic and
behavioral interventions, including
scientifically based literacy instruction, and,
where appropriate, instruction on the use of
adaptive and instructional software; and
 (2) Providing educational and behavioral
evaluations, services, and supports, including
scientifically based literacy instruction.

[email protected]
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IEP process
Family consent (or due process)
Special considerations
 Behavior
 Communication
 AT

Early Intervening services
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

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Varies from state to state
Know your state law!
Texas Side by Side
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http://www2.ed.gov/policy/seclusion/restr
aints-and-seclusion-resources.pdf
[email protected]
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BIPs for children rather than adults
BIPs without consent
Punishment
 Restraint
 Procedures used without examining data
 Edibles
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Training
Supervision
Training
Supervision
Training
Supervision
Training
Supervision
[email protected]
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
Behavior analysts have an obligation to bring
attention to and resolve ethical violations by
colleagues.

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When behavior analysts believe that there may
have been an ethical violation by another
behavior analyst, or non behavioral colleague,
they attempt to resolve the issue by bringing it
to the attention of that individual if an informal
resolution appears appropriate and the
intervention does not violate any confidentiality
rights that may be involved. If resolution is not
obtained, and the behavior analyst believes a
client’s rights are being violated, the behavior
analyst may take additional steps as necessary
for the protection of the client.
[email protected]
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IDEIA and the Behavior Analyst - Applied Behavioral Strategies

Transcription

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