24.189.925 PRACTICE OF BEHAVIOR ANALYSIS
(1) In regard to conduct in the integrity of the profession, a licensee:
(a) shall not create an unreasonable risk of physical or mental harm or serious financial loss to the client, such as malpractice or an act or acts below the standard of care concerning behavior analysts or assistant behavior analysts, whether actual physical or mental injury or harm was suffered by the client;
(b) shall not provide any services in the practice of behavior analysis except those services within the scope of the licensee's education, training, supervised experience, or appropriate professional experience;
(c) shall not participate in activities in which it appears likely that the licensee's skills or data will be misused by others, unless corrective mechanisms are available.
(2) Regarding disclosure and obligation to report, a licensee:
(a) shall disclose fees and confidentiality prior to initiating the defined professional relationship with clients, except in the case of a clinical emergency. Upon initiating the defined professional relationship there must be a discussion of the nature and anticipated course of contracted services, limitations of confidentiality and modalities of communication by which treatment is provided, and mandated reporting situations. When services rendered involve more than one interested party, the behavior analyst or assistant behavior analyst shall clarify the dimensions of confidentiality and professional responsibility to all participating parties;
(b) who has substantial reason to believe that there has been a violation of the statutes or rules of the board, shall so inform the board in writing. However, when the information regarding such violation is obtained in a defined professional relationship with a client, the behavior analyst or assistant behavior analyst shall report it only with the written permission of the client;
(c) shall, when initiating conjoint services to several persons who have a relationship (e.g., familial, communal, or business), attempt to clarify which of the individuals are clients and the relationship the licensee will have with each person. This clarification includes the role of the licensee and the probable uses of the services provided or the information obtained;
(d) shall keep the client fully informed as to the purpose and nature of any evaluation, treatment, or other procedures, and of the client's right to freedom of choice regarding services provided;
(e) shall not undertake research on human subjects without a study of the potential effects of the research on the subjects, and shall not undertake research on human subjects without full disclosure of risks to the subjects.
(3) In regard to judicial or disciplinary situations:
(a) a licensee or license applicant shall cooperate with an investigation by:
(i) furnishing any papers or documents in the possession and under the control of the licensee, as per the appropriate health care records act;
(ii) furnishing in writing a full and complete explanation covering the matter contained in the complaint; and
(iii) responding to subpoenas issued by the board or the department, whether or not the recipient of the subpoena is the respondent in the proceedings;
(b) a behavior analyst or assistant behavior analyst shall not offer, undertake, or agree to cure or treat disease or affliction by a secret method, procedure, or treatment; nor shall the licensee treat, operate, or prescribe for any health condition by a method, means, or procedure which the licensee refuses to divulge upon demand from the board.
(4) Licensees may only operate within their areas of competence and shall seek appropriate supervision when necessary.
(5) A behavior analyst or assistant behavior analyst must understand the construction/administration/interpretation of the test procedures the licensee employs.
(6) Licensees must maintain current knowledge of scientific, professional, and legal developments within their area of claimed competence and use that knowledge, consistent with accepted clinical and scientific standards, in selecting current data collection methods and procedures for an evaluation.
(7) The behavior analyst or assistant behavior analyst shall be aware of personal and societal biases and engage in nondiscriminatory practice. The behavior analyst or assistant behavior analyst shall be aware of how biases such as age, gender, race, ethnicity, national origin, religion, sexual orientation, gender identity, disability, language, culture, and socioeconomic status may interfere with an objective evaluation and recommendations, and shall strive to overcome any such biases or withdraw from the evaluation.
(8) Behavior analysts or assistant behavior analysts shall maintain current knowledge of legal standards regarding parenting plans, divorce, and laws regarding abuse, neglect, and family violence. Licensees shall also understand the civil rights of parties in legal proceedings in which they participate, and manage their professional conduct in a manner that does not diminish or threaten those rights.
(9) Behavior analysts or assistant behavior analysts shall recognize and state any limitations of their assessments and reports.
(10) Behavior analysts or assistant behavior analysts shall not render diagnoses or form an expert opinion about any party not personally evaluated.
(11) Behavior analysts or assistant behavior analysts shall avoid dual relationships and other situations which might produce a conflict of interest.
(12) Behavior analysts or assistant behavior analysts shall inform all participants, including clients, as to the limits of confidentiality which can be expected with regard to any information they may provide to the licensee over the course of the evaluation. This includes the limits of confidentiality applicable to the general practice of behavior analysis, such as a duty to warn in instances of possible imminent danger to a participant or to others, or legal obligations to report suspected child or elder abuse.
(13) Licensees shall not commit an act of sexual abuse, sexual misconduct, or sexual exploitation, whether or not related to the licensee's practice of behavior analysis.
(14) Each licensee shall not fail to report to the board any student interns, behavior technicians, or assistant behavior analysts whom the licensee supervises.
(15) Licensees shall follow the BACB's Professional and Ethical Compliance Code for Behavior Analysts unless it directly conflicts with Montana statutes or rules.
History: 37-1-131, 37-1-319, 37-17-406, MCA; IMP, 37-1-131, 37-1-316, 37-17-402, 37-17-403, 37-17-405, 37-17-406, MCA; NEW, 2017 MAR p. 1656, Eff. 9/23/17.