Disclaimer: Sections from the Education Law, Rules of the Board of Regents or Regulations of the Commissioner of Education are presented below for general informational purposes as a public service. Although reasonable efforts have been made to ensure that these sections are current, complete, and accurate, the State Education Department does not warrant or represent that this information is current, complete, and accurate. The statutes, rules, and regulations are subject to change on a regular basis. Readers are advised to consult McKinney's Consolidated Laws of New York (West Publishing Corporation) and Title 8 of the Unofficial Version New York Codes, Rules and Regulations - Title 8 (8 NYCRR), published by the Department of State, and the State Register for the official exposition of the text of these statutes, rules and regulations, as well as for amendments and any subsequent changes or revisions thereto.
- Licensed behavior analysts (LBAs) and certified behavior analyst assistants (CBAAs) must seek informed consent before initiating assessment and/or intervention/treatment. Inform the patient and/or their authorized caregiver of the scope of what to expect and make sure they understand anticipated treatment outcomes, limitations on the type of interventions the LBA or CBAA is authorized to provide and potential risks involved. In addition, informed consent outlines what is done to preserve confidentiality of records, limitations of confidentiality, the patient’s and/or their authorized caregiver’s rights to allow or deny access to treatment information with the patient’s family and/or who the patient and/or their authorized caregiver can contact for answers to pertinent questions or when concerned about any aspects of the applied behavioral analysis services and activities.
- It is the LBA’s or CBAA’s responsibility, not the patient’s and/or their authorized caregiver’s, to maintain appropriate boundaries in the professional relationship. If a complaint is filed, it will be the LBA’s or CBAA’s responsibility to demonstrate that the patient and/or their authorized caregiver has not been exploited or coerced, intentionally or unintentionally.
- The LBA or CBAA should be especially vigilant regarding any conduct that could impair his or her objectivity and professional judgment in providing applied behavior analysis to the patient or recommending certain applied behavior analysis services to the patient’s authorized caregiver, and any conduct that carries the risk and/or the appearance of exploitation or potential harm to the patient and/or their authorized caregiver.
- Recognize and avoid the dangers of dual relationships when relating to patients and/or their authorized caregivers in more than one context, whether professional, social, educational, or commercial. Dual relationships can occur simultaneously or consecutively. Prohibited dual relationships include, but are not limited to:
- accepting as a patient anyone with whom the LBA or CBAA has had a prior sexual relationship or accepting as a patient anyone whose authorized caregiver has had a prior sexual relationship with the LBA or CBAA;
- forming a sexual relationship with a current or former patient and/or their authorized caregiver;
- treating patients to whom the LBA or CBAA is related by blood or legal ties or treating patients whose authorized caregivers are related to the LBA or CBAA by blood or legal ties;
- bartering with patients and/or their authorized caregivers for the provision of services;
- referring patients and/or their authorized caregivers to services in which the LBA or CBAA has a financial interest, without disclosing that relationship; and
- entering into financial relationships with patients and/or their authorized caregivers other than their paying for applied behavior analysis services.
Citations of Pertinent Law, Rules or Regulations:
- Education Law, section 6509(9) - unprofessional conduct
- Regents Rules, part 29.1(b)(2) - exercising undue influence
- Regents Rules, part 29.1(b)(5) - moral unfitness to practice
- Regents Rules, part 29.2(a)(2) - patient/client harassment, abuse, intimidation
- Public Health Law, section 238 - health care practitioner referrals