7.4 Risks of Unethical Conduct, Public Statements, and Transitioning Clients and Supervisors

Why Risk Recognition Is Tested

Task E.2 asks you to identify the risks to oneself, others, and the profession that come from unethical behavior, and it names three examples: misuse of social media, misrepresentation of one's credential, and making confidential information public. Task E.6 asks what to do when transitioning clients or supervisees to another professional and when a BCaBA transitions to a different supervisor. Exam items typically describe a tempting shortcut and ask which risk it creates or which step should come first.

Who Is Harmed by Unethical Conduct

Three Risk Behaviors Named in the TCO

1. Misuse of Social Media (Standards 5.02 and 5.10)

• Behavior analysts do not publish client information or digital content on personal social media accounts or websites, even with a caregiver's permission.
• On professional accounts, each publication requires informed consent, a disclaimer that consent was obtained and the content should not be captured or reused, posting in a way that reduces sharing, and efforts to prevent and correct misuse.
• They frequently monitor their accounts for accuracy and appropriateness.
• Accepting a client's caregiver as a personal "friend" or follower also creates a multiple-relationship risk (Standard 1.11).

2. Misrepresenting One's Credential (Standards 1.01, 2.08, 5.03, 5.04)

• A BCaBA may describe themselves only as a BCaBA. Using "BCBA," "behavior analyst" in a state where that title is licensed, or the BCaBA title while the certification is inactive (for example, with no supervisor on record) is misrepresentation.
• Behavior analysts provide an accurate, current list of their credentials on request (2.08) and make reasonable efforts to stop employers or marketers from making deceptive statements about their services (5.04).
• Advertising nonbehavioral services as behavior analysis is prohibited; nonbehavioral services must carry the Code's disclaimer (5.06).

3. Making Confidential Information Public (Standards 2.03, 2.04, 5.02)

• Discussing a client by name in a restaurant, sharing identifiable case details in a conference talk or online forum, or leaving data sheets in a shared space all make confidential information public.
• De-identification must be real: a combination of age, diagnosis, school, and an unusual behavior can identify a client in a small community.

Other risk behaviors include practicing outside competence, accepting gifts over $10, and billing inaccurately. All share the same pattern: a short-term convenience for the practitioner creates long-term risk for clients and the profession.

Transitioning Clients (Task E.6)

The Code treats transitions as foreseeable events that must be planned:

• Continuity of services (3.14): Service agreements include a general plan for planned interruptions (relocation, leave) and unplanned ones (illness, funding loss). When an interruption occurs, the behavior analyst tells all relevant parties what is being done to keep services going.
• Discontinuing services (3.15): Services may be discontinued when goals are met, the client is not benefiting, staff face harmful conditions that cannot reasonably be resolved, the client or stakeholder requests it, stakeholders do not comply despite efforts to address barriers, or funding ends. A written plan is provided, acknowledgment is documented, and the plan is reviewed throughout discharge.
• Transitioning services (3.16): When a client moves to another behavior analyst, the behavior analyst provides a written plan with target dates, transition activities, and responsible parties, reviews it throughout, and collaborates with the new provider to minimize disruption.

A BCaBA leaving a position should, in order:

1. Tell the supervising BCBA early.
2. Help draft the written transition plan for each client.
3. Bring documentation up to date so another provider can continue services (3.11); the records stay with the organization (2.05).
4. Arrange overlap sessions or caregiver meetings with the incoming clinician when possible.
5. Notify RBTs they supervise so their supervision continues without a gap.

Transitioning Supervisees and Supervisors

• Supervisees: Standard 4.11 requires minimizing interruptions to supervision and communicating the steps taken when an interruption occurs; Standard 4.12 requires a plan that minimizes negative effects when supervision ends. An RBT whose supervisor leaves must have a new supervisor before continuing to practice.
• A BCaBA changing supervisors: A BCaBA must have a qualified supervisor on record for every client served. If the supervisor leaves and no replacement is on record, the BCaBA is inactive and may not practice, supervise RBTs, or conduct RBT trainings and assessments. The new supervisor signs a new supervision contract and adds the BCaBA in the BACB portal, and both keep supervision documentation for seven years. Any period of noncompliant supervision must be self-reported to the BACB.

Common Exam Traps

• "The parent said it was fine." Caregiver permission does not make a personal-account post acceptable under 5.10.
• "Everyone calls me the BCBA." Allowing others to misstate your credential is still your responsibility (5.04).
• Leaving abruptly. Leaving a position without ensuring continuity is a reportable ethics violation in the BACB's self-reporting guidance.
• Practicing during a supervision gap. Without a supervisor on record, a BCaBA cannot practice, even briefly.