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This book is dedicated to the memory of my dear friend and colleague
Gerald L. “Jerry” Shook (1948–2011). You had a vision of a profession of
behavior analysis and created the Behavior Analyst Certification Board as
an instrument to bring it to life. You advocated for a code of ethics from the
very beginning and encouraged me to promote it; you changed my life.
Jon Bailey, BCBA-D

8
Contents

Preface
Evolution of the 3rd Edition
Acknowledgments
Disclaimer

Section I Background for Ethics in Behavior Analysis


Chapter 1 How We Got Here
Chapter 2 Core Ethical Principles
Chapter 3 Ethics and Whitewater Rafting
Chapter 4 Analyzing Complex Ethics Cases Using a Seven-Step Model
Chapter 5 Everyday Ethical Challenges for Average Citizens and
Behavior Analysts

Section II Understanding the Professional and Ethical


Compliance Code for Behavior Analysts
Chapter 6 Responsible Conduct of Behavior Analysts (Code 1.0)
Chapter 7 Behavior Analysts’ Responsibility to Clients (Code 2.0)
Chapter 8 Assessing Behavior (Code 3.0)
Chapter 9 Behavior Analysts and the Behavior-Change Program (Code
4.0)
Chapter 10 Behavior Analysts as Supervisors (Code 5.0)
Chapter 11 Behavior Analysts’ Ethical Responsibility to the Profession of

9
Behavior Analysis (6.0)
Chapter 12 Behavior Analysts’ Ethical Responsibility to Colleagues (Code
7.0)
Chapter 13 Public Statements (Code 8.0)
Chapter 14 Behavior Analysts and Research (9.0)
Chapter 15 Behavior Analysts’ Ethical Responsibility to the BACB (10.0)

Section III Professional Skills for Ethical Behavior


Analysts
Chapter 16 Conducting a Risk-Benefit Analysis
Chapter 17 Delivering the Ethics Message Effectively
Chapter 18 Using a Declaration of Professional Services
Chapter 19 A Dozen Practical Tips for Ethical Conduct on Your First Job
Chapter 20 A Code of Ethics for Behavioral Organizations

Section IV The BACB Code, Glossary, Scenarios, and


Further Reading
Appendix A: Professional and Ethical Compliance Code for Behavior
Analysts
Appendix B: Glossary
Appendix C: Fifty Ethics Scenarios for Behavior Analysts (With Hints)
Appendix D: Suggested Further Reading

Notes
References
Index

10
Preface

Evolution of this Book and How to Use It


My first experience in ethics came when I was a graduate student in
psychology in the late 1960s. I was working with a profoundly
developmentally disabled young man who was confined to a heavy metal
crib in the small ward of a private institution in Phoenix, Arizona. Blind,
deaf, nonambulatory, and not toilet trained, my “subject” engaged in self-
injurious behavior virtually all day long. His head-banging behavior
against the metal bars could be heard 25 yards away and greeted me each
time I entered his depressing, malodorous living unit. Day after day, I sat
by his crib taking notes on a possible thesis concerning how one might try
to reduce his chronic self-injurious behavior or SIB (we called it self-
destructive behavior in those days). After a few informal observation
sessions, and reading through his medical chart, I had some ideas. I set up a
meeting with one of my committee members, Dr. Lee Meyerson, who was
supervising the research at the facility. “I’m observing a subject who
engages in self-destructive behavior,” I began. “He hits his head 10 to 15
times per minute throughout the day. I’ve taken informal data at different
times of the day, and I don’t see any consistent pattern,” I offered. Dr.
Meyerson let me go on for about 10 minutes, nodding and occasionally
taking a puff on his pipe (smoking was allowed everywhere in those days).
Then he stopped me abruptly and, gesturing with his pipe, began to ask me
questions that I had never thought about. Did I know my “subject’s” name?
Did I have permission to observe and report on this individual? Who gave
me permission to look at this medical record? Had I discussed this case

11
with any of my graduate student colleagues or shown the data in class? I
had no good answers to any of Dr. Meyerson’s questions. I wasn’t thinking
of my “subject” as a person, only as a source of data for my thesis. It never
dawned on me that “Billy” had rights to privacy and confidentiality and
that he needed to be treated with dignity and respect, not as just another
“subject” to help me complete a degree requirement. As it turns out, Dr.
Meyerson was ahead of his time in grilling me with ethical questions that
would not actually come up in legal circles for another ten years (see
Chapter 1). Dr. Meyerson’s questions helped sensitize me to looking at
what I was doing from an extra-experimental perspective. How would I
like to be treated if I was a subject in someone’s experiment? Or, how
would I want my mother or sister to be treated? “With kindness,
compassion and respect” is no doubt the quick response that most of us
would offer. And so it is that ethics in psychology, and particularly in
behavior analysis, can be easily personalized and made tangible if we will
just stop and think about what we are doing.
Students today have a great advantage over my generation. We had no
code of ethics to guide us; we had one foot in the animal lab and one in the
world of academia, and we were trying to figure out how to transform
powerful operant conditioning principles into effective treatments. It didn’t
dawn on us at the time that ethics was involved at all, until, of course, we
encountered Dr. Meyerson. Today, graduate students in behavior analysis
have nearly fifty years of applied research and practice to fall back on (and
to learn from and be held accountable for knowing). In addition, they have
a wealth of resources on ethics, including case law and precedent-setting
legal findings. Finally, students today have a perfectly legitimate,
thoroughly researched, and well-vetted ethics code specifically designed for
our field. The current version of this document is the BACB Professional
and Ethical Compliance Code for Behavior Analysts. In teaching the
graduate course “Professional and Ethical Issues in Behavior Analysis” for
the past 15 years, I have learned a great deal about the ethical issues that
appear to be unique to our field and have been developing lectures and
trying to discover ways of making ethics interesting, informative, and
engaging for students who do not quite see the relevance or appreciate our
cautious approach. One thing I’ve discovered is that although we now have
an excellent ethics code, it is somewhat dry and, by itself, does not convey

12
the urgency and relevance that it should. Reading the Code is something
like reading instructions for computer software: it’s clearly important, but
you would rather just start using it.
Years ago, I was scheduled to give a half-day workshop at Penn State on
ethics at the urging of Dr. Jerry Shook. In the process of preparing my
materials, I wondered what kind of ethical questions the participants might
have. Dr. Shook arranged in advance to have each participant write and
submit to us two questions or “scenarios” that he or she had confronted in
the work setting. When I got the questions, I realized that reading the
scenarios suddenly made the ethical issues jump right off the page. I began
trying to look up the correct responses (according to what was then called
the BACB Guidelines), and this turned out to be quite difficult. Something
was missing. An index of some sort would help, but none was available
that I could find. Several all-nighters later, I had developed one. By the time
Dr. Shook and I traveled to the conference, I had a new approach to
teaching ethics. It involved presenting scenarios, having the students look
up the relevant sections in the then-Guidelines for Responsible Conduct,
and then having them present their proposed ethical actions. This approach
teaches students that sometimes broad, ethical considerations always come
down to some specific code items. My experience in using this method over
the past several years is that it brings the topic to life and generates
excellent discussions of very relevant issues.
One troubling problem I encountered in teaching the “Ethics for
Behavior Analysis” course was that specific code items were often very
much out of context or written in such stilted legalese that students did not
understand why they were necessary or how they were relevant. I found
myself often “translating” specific items into plain English. This process,
along with providing some historic context and background about how and
why certain items were important in our field, seemed to increase the level
of understanding for the students.
This book, then, is the culmination of this attempt to present a practical,
student-centered approach to teaching ethics in behavior analysis. All of
the cases are based on real examples but edited so as to avoid
embarrassment or legal hassles, and the authors of the cases gave
permission for their use (those in quotation marks are direct quotes from
submitted cases). In addition, for each case, there is a commentary at the

13
end of each chapter. In Appendix C, you will find practice scenarios that
can be used in class or as homework, and we have now added “Hints” at
the end of each one. You can, of course, develop your own scenarios based
on the specific areas of application that you encounter in your practice of
behavior analysis.
A final word about using this volume: this text is intended to be a
practical handbook, and we specifically attempted to avoid making this an
academic or theoretical work. Many people teaching ethics courses will
routinely have students read the U.S. Constitution, view One Flew Over the
Cuckoo’s Nest, and research their state laws on limits of treatment,
requirements for keeping documents, maintaining confidentiality, and
other relevant issues. My experience is that it takes some creative digging
to find relevant readings. Exposing students to a variety of sources from
Skinner and Sidman to Association for Behavior Analysis International
(ABAI) position statements is useful in preparing them to tackle the world
of ethical issues they will confront. We have tried to summarize what we
consider the most important and pressing issues for new Board Certified
Behavior Analysts (BCBAs) in Chapter 19: “A Dozen Practical Tips for
Ethical Conduct on Your First Job.” I hope you enjoy using this book and
welcome input and dialogue on effective ways of teaching this most
important topic.
—Jon S. Bailey
January 1, 2016

14
Evolution of the 3rd Edition

Not long after the publication of the 1st edition of Ethics for Behavior
Analysts, we began receiving requests to give workshops on ethics at state
association meetings and for other groups around the country. It was
enlightening and educational to learn firsthand from practitioners about
the ethics situations they were confronting on a daily basis. To facilitate
our ability to refer to the participants’ practical scenarios throughout the
day, we began asking them to complete “Scenario Forms” before the
workshop began. These scenarios generated lively discussions that gave
practitioners a sounding board for the ethical challenges they were
confronting in their jobs.
In role-playing exercises in the workshops, participants referred to the
Guidelines for Responsible Conduct (now the Professional and Ethical
Compliance Code for Behavior Analysts). We noticed that while workshop
attendees might know what a particular Guidelines item said, they had a
hard time coming up with the words and actions needed to handle a
situation. This led to another new chapter, “Delivering the Ethics Message
Effectively” (Chapter 17). A key addition to the second edition came from a
development at the Texas Association for Behavior Analysis in 2005. It was
there that Kathy Chovanec asked us why behavior analysts did not use a
Declaration of Professional Services to help ward off problems presented by
parents, teachers, and others. In collaboration with Kathy, we developed
just such a document for behavior analysts (see Chapter 18 for this valuable
document).
In the course of teaching ethics graduate classes, I’ve continued to learn

15
about challenges that my students faced as they participated in practica and
began to understand that their approach to ethics was homegrown. Some
students had a difficult time giving up “personal ethics” and adopting our
field’s professional ethical guidelines. I soon began each class with this
dramatic introduction, “Today is the last day of your civilian life. From this
point forward, you are expected to join the ranks of professional behavior
analysts and to learn and use our ethics Code for Responsible Conduct.”
From this came the idea for Chapter 5, “Everyday Ethical Challenges for
Average Citizens and Behavior Analysts.”
In the spring of 2010, the BACB undertook a review of the Guidelines.
An expert panel consisting of certificants Jon Bailey (chair), Jose Martinez-
Diaz, Wayne Fuqua, Ellie Kazemi, Sharon Reeve, and Jerry Shook (CEO of
the Board) was created. The panel recommended rather minor changes to
the Guidelines overall but did include some new procedures, including risk-
benefit analysis. This topic is included in Chapter 16 “Conducting a Risk
Benefit Analysis.”
In August, 2014, the BACB’s Board of Directors approved an initial
version of the Professional and Ethical Compliance Code for Behavior
Analysts. As of January 1, 2016, all BACB applicants, certificants, and
registrants were required to adhere to the Code.

How to Use This 3rd Edition


Each year, I teach a semester-long graduate course called Ethics and
Professional Issues for Behavior Analysts. I use Ethics for Behavior
Analysts for the first half of the semester and 25 Essential Skills and
Strategies for Professional Behavior Analysts (Bailey & Burch 2010) for the
second half. By covering ethics first, I find the students become sensitized
to the new way of thinking about how they should conduct themselves;
then I introduce them to all the other professional skills they will need to be
successful.
We hope that this 3rd Edition of Ethics for Behavior Analysts will be
useful as you learn about and teach others about ethics.
—Jon S. Bailey
January 1, 2016

16
Acknowledgments

We learned a great deal from the hundreds of people who have attended
our Ethics Workshops and thank you for the wide variety of scenarios you
submitted, some of which appear in Appendix C. In addition, we would like
to thank all the individuals who have submitted ethics questions via the
ABAI Hotline; these have stimulated a great deal of thought and have
contributed to the cases that you will find in this book. Devon Sundberg,
Yulema Cruz, Brian Iwata, and Thomas Zane provided valuable assistance
in the preparation of this book. We would like to acknowledge Dr.
Dorothea Lerman for providing several new research scenarios for this
edition. Finally, we would like to thank the Ethics Workgroup that
produced the revisions to the Code, and special thanks go to Margaret
(Misty) Bloom, the BACB’s very capable attorney, for her efforts in
assisting the Ethics Workgroup.

17
Disclaimer

This book does not represent an official statement by the Behavior Analyst
Certification Board®, the Association for Behavior Analysis International,
or any other behavior analysis organization. This text cannot be relied on
as the only interpretation of the meaning of the Professional and Ethical
Compliance Code for Behavior Analysts or the application of the Code to
particular situations. Each BCBA®, supervisor, or relevant agency must
interpret and apply the Code as they believe proper, given all of the
circumstances.
The cases used in this book are based on the authors’ combined 60 years
of experience in behavior analysis. In all cases, we have disguised the
situations and used pseudonyms to protect the privacy of the parties and
organizations involved. At the end of some of the chapters, we offer
“Responses to Case Questions” as examples of real, or, in some cases,
hypothetical solutions to the ethical problems posed by the case. We do not
hold these to be the only ethical solutions, but rather, each response is an
example of one ethical solution. We encourage instructors who use the text
to create alternate solutions based on their own experiences. Finally, we
hope that the responses offered here will stimulate discussion, debate, and
thoughtful consideration about ways of handling what are by definition
very delicate matters.

18
Section

One
Background for Ethics in
Behavior Analysis

19
1
How We Got Here

There is nothing more shocking and horrific than the abuse and
maltreatment of innocent people who are unable to protect and defend
themselves. Atrocious incidents of physical and emotional abuse toward
animals, children, women, and people who are elderly occur every single
day in our culture, and they are often reduced to a few lines in the local
news of the daily paper.
Individuals who are developmentally disabled can also be the victims of
abuse. The reprehensible mistreatment of children and adults with
disabilities is especially disturbing when the abuses come at the hands of
your chosen profession. But this is exactly what happened in Florida in the
early 1970s. These abuses changed the course of history for behavior
analysis and the treatment of people with disabilities.

Aversive consequences were used


with abandon in informal reactions
to self-injurious, destructive, and
inappropriate behaviors.

The story of the evolution of our ethics Code for behavior analysts began
in the late 1960s, when “behavior modification” was all the rage. Having

20
started only in the mid-1960s (Krasner & Ullmann, 1965; Neuringer &
Michael, 1970; Ullmann & Krasner, 1965), some of behavior modification’s
early promoters promised dramatic changes in behavior that were quick
and easy to produce and could be carried out by almost anyone with an
attendance certificate from a daylong “behavior mod” workshop. People
calling themselves “behavior modifiers” offered rented-hotel-ballroom
training sessions in abundance. There were no prerequisites for registering,
and no questions were asked about the speaker’s qualifications. The basic
pitch was this: “You don’t have to know why a behavior occurs (it was
assumed to be learned—an ‘operant behavior’); you need to know only how
to manipulate consequences. Food is a primary reinforcer for almost
everybody; just make it contingent on the behavior you want. For
inappropriate or dangerous behavior, use consequences (punishers) to
‘decelerate’ the behavior.” There was no consideration given to the notion
of “causes” of behavior or that there might be a connection between a likely
cause and an effective treatment. Further, no thought was given to possible
side effects of using food (e.g., food allergies, weight gain) or how the food,
often candy, might be handled. Indeed, Cheerios®, M&Ms®, pretzels, and
other bite-sized snacks and treats were loaded in the pockets of the
“behavior specialist” in the morning and used throughout the day as
needed (a hungry behavior specialist might even have a few from time to
time). Likewise, aversive consequences were used with abandon in
informal, impromptu, and spontaneous reactions to self-injurious,
destructive, and inappropriate behaviors. Some staff members were urged
to “be creative” in coming up with consequences. As a result, hot pepper
sauces such as Tabasco and undiluted lemon juice might be seen in the
jacket pockets of staff members who were on their way to work on “the
behavior unit.”
In the early 1970s, “the unit” was frequently a residential facility for
developmentally disabled individuals who had moderate to severe mental
retardation, some physical disabilities, and troublesome behaviors. It was
most likely a former veterans’ or tuberculosis (TB) hospital, which might
house 300 to 1,500 “patients.” Custodial care was the norm until “behavior
mod” came along and offered dramatic treatment for severe behavior
problems.
With no code of ethics and essentially no restrictions, this “treatment”

21
quickly drifted into flat-out abuse.

The Sunland Miami Scandal


The Sunland Training Center in Miami became “ground zero” for an abuse
investigation that rocked the state of Florida in 1972. The center had been
plagued by high turnover rates since it opened in 1965, resulting in frequent
understaffing and low-quality training. Surprisingly, the majority of staff
serving as “cottage parents” were college students. In 1969, the
superintendent resigned under pressure from an investigation into
“allegations of resident abuse.” It seems that he confined two residents in a
“cell improvised from a large trailer” (McAllister, 1972, p. 2). Then, in April
1971, the Florida Division of Mental Retardation and the Dade County
Attorney’s office began an intensive investigation of resident abuse that
concluded after a six-month inquiry regarding allegations of “infrequent
and isolated cases of abuse” (p. 2) that the superintendent had dealt with
the employees involved and taken appropriate disciplinary action. One of
those professional employees, Dr. E., challenged his reassignment, and a
grievance committee then uncovered what it considered to be a “highly
explosive situation” involving resident abuse with the apparent knowledge
and approval of top administrators. As a result, seven individuals were
immediately suspended, including the superintendent, the director of
cottage life, the staff psychologist, three cottage supervisors, and a cottage
parent. Each was charged with “misfeasance, malfeasance, negligence, and
contributing to the abuse of residents” (p. 4). Subsequent to this, Jack
McAllister, the director of the State Health and Rehabilitative Services
(HRS) Division of Retardation, formed a nine-member Blue Ribbon Panel
“Resident Abuse Investigating Committee” composed of experts in
retardation as well as an attorney, a social worker, a client advocate, and
two behavior analysts (Dr. Jack May, Jr., and Dr. Todd Risley).
Interviews were set up with more than 70 individuals, including current
staff members, former employees, residents, and relatives of residents
(including one whose son died at Sunland Miami), with some interviews
lasting as long as 10 hours. The committee also examined original logs,
internal memoranda, a personal diary, and personnel records.
It seems that Dr. E., a psychologist who presented himself as an expert in

22
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