The Behavior Analyst Ethics Code: What Your ABA Provider Owes Your Family

Florida does not issue its own license for behavior analysts. Instead, the professionals who design and deliver your child's ABA program are certified by the Behavior Analyst Certification Board (BACB), and Florida law recognizes that certification (s. 393.17, Florida Statutes). That makes the BACB's ethics codes the main written rulebook for how your BCBA and RBTs must treat your family. This guide translates the parts that matter most to parents into plain language and a checklist you can use.

What is the BACB ethics code, and who does it apply to?

There are two codes, both in effect since January 1, 2022:

• The Ethics Code for Behavior Analysts applies to Board Certified Behavior Analysts (BCBAs) and Board Certified Assistant Behavior Analysts (BCaBAs), and to people applying for those credentials.
• The RBT Ethics Code (2.0) applies to Registered Behavior Technicians (RBTs), the staff who usually deliver day-to-day sessions under supervision.

The behavior analyst code rests on four core principles. Behavior analysts should benefit others; treat others with compassion, dignity and respect; behave with integrity; and ensure their own competence. The first principle includes "protecting the welfare and rights of clients above all others." Your child is the client. You, as the parent, are a "stakeholder," a person the code expects the provider to inform and involve.

One limit to know up front: the BACB certifies individuals, not companies. Its ethics department says it cannot take complaints against an ABA company, only against certified people. Company policies, billing contracts and insurance rules cover the rest.

What does the code say about consent, assent and information?

• Informed consent (2.11). Behavior analysts must get your informed consent before starting assessments or interventions, when making substantial changes, and when exchanging or releasing records. They must explain, obtain, re-obtain and document it.
• Your child's assent (2.11). They are "responsible for obtaining assent from clients when applicable." The code defines assent as verbal or nonverbal behavior showing willingness to take part, from someone who cannot give legal consent, such as a child. See assent-based ABA.
• Plain language (2.08). Communication must be understandable. Before services start, the BCBA must describe the scope of services and "specify the conditions under which services will end," explain procedures before using them, and explain results when available. They must also give you an accurate list of their credentials on request.
• Written plans first (2.16). Before an intervention starts, the objectives, procedures, timelines and review schedule must be described in writing.
• A signed service agreement (3.04). Before services begin there must be a signed agreement covering everyone's responsibilities, the scope of services, the behavior analyst's obligations under the code, and how to submit complaints to the BACB, the organization, or a funder.

What does the code say about your child's dignity and safety?

• Positive reinforcement first (2.14). Interventions must be based on assessment and scientific evidence, and must "prioritize positive reinforcement procedures." Your preferences count as a factor.
• Least restrictive approach (2.15). Restrictive or punishment-based procedures may be recommended only after less intrusive methods have not worked, or when the team decides the risk of harm from the behavior outweighs the risk of the procedure. They must follow any required review and be stopped or changed promptly if ineffective.
• Medical needs (2.12). If a behavior may have a medical cause, the BCBA must make sure it is assessed and addressed, document referrals and follow up.
• Nondiscrimination and cultural responsiveness (1.07, 1.08). Services must be equitable regardless of disability, ethnicity, national origin, immigration status, religion and other factors.
• Do no harm and mandated reporting (3.01, RBT 2.01). Both codes require staff to know and follow mandated-reporting law. In Florida, every person must report known or suspected child abuse, abandonment or neglect to the central abuse hotline (s. 39.201).

What does the code say about data, privacy and money?

• Data drive decisions (2.17, 2.18). Behavior analysts must graph and summarize data and use them to decide whether to continue, change or end services. If data show goals are not being met, they must take corrective action. See how to read an ABA progress report.
• Involving you (2.09). Providers must make efforts to involve you and your child in choosing goals, designing assessments and interventions, and monitoring progress.
• Confidentiality (2.03, 2.04, 3.10). Information is shared only with consent or in limited cases such as protecting someone from harm or when required by law. You must be told the limits of confidentiality at the start.
• Social media. RBTs may not share identifying information about clients, including photos or videos, on social media or websites (RBT 2.09). BCBAs need informed consent before posting client content on professional accounts (5.10).
• Accurate billing (2.06). Services must be billed accurately. Nonbehavioral services may not be billed under an authorization for behavioral services, and errors must be corrected.
• Fees in writing (2.07, 3.05). Fees may not be misrepresented, and compensation and billing practices must be documented before services begin and revisited when funding changes.

What does the code say about conflicts of interest and supervision?

• Gifts (1.12; RBT 1.11). Staff may not give or accept gifts worth more than $10. An occasional small thank-you is allowed, and behavior analysts should tell you about this rule at the start.
• Multiple relationships (1.11; RBT 1.10). Staff should avoid becoming your friend, employee, babysitter or business partner while working with your child, because mixed roles can create conflicts.
• Referrals (3.13). If a BCBA refers you to another provider, they must disclose any relationship or fee they receive.
• Supervision (section 4; RBT 1.03). RBTs may only work under close, ongoing supervision. The BACB's RBT Handbook requires supervision of at least 5% of the hours an RBT provides each calendar month, with at least two real-time contacts per month and at least one observation of the RBT working with a client. Supervisors may take on only as many supervisees as they can supervise well (4.03). See how much BCBA supervision to expect.
• Raising concerns with an RBT (RBT 2.06). RBTs must pass questions or concerns about their services, including yours, to their supervisor.

What does the code say about ending or changing services?

• Continuity (3.14). Providers must try to avoid interruptions and have a general plan for them, such as staff illness or funding changes.
• Discontinuing services (3.15). The service agreement must list when services may end. Reasons include goals met, your child not benefiting, your request, or loss of funding. You must get a written plan for ending services.
• Transitions (3.16). If your child moves to another behavior analyst, inside or outside the company, there should be a written plan with target dates and responsibilities.

A checklist: what your ABA provider owes your family

How do you check credentials and raise a concern?

Check credentials. The BACB's free online certificant registry lets you search by name or certification number to check whether a BCBA, BCaBA or RBT is certified and see the status of that certification. A clinician who also holds a Florida license, such as an LCSW, can also be checked on the Florida Department of Health license verification site. See how to verify BCBA and RBT credentials.

Raise a concern. The BACB suggests this order:

1. If it seems the issue could be solved by talking, raise it directly with the person.
2. If that does not work, talk with their supervisor or employer. Use the complaint steps in your service agreement.
3. If the issue continues and involves a possible ethics violation by a certified person, submit a Notice of Alleged Violation through the BACB's online form, with supporting documents. The BACB asks you to redact personal information before you submit, and eyewitness accounts should include a notarized affidavit.

The code says criminal activity or anything that puts a client at direct and immediate risk of harm should be reported to the relevant authorities first, before the BACB. If you suspect abuse or neglect, report it to the Florida central abuse hotline, and call 911 in an emergency. Insurance or billing problems can also go to your plan or to Florida's Department of Financial Services. For the full process, read how to file a complaint about an ABA provider and red flags in an ABA provider.

How does Hope Center put this into practice?

At Hope Center for Behavior Change, BCBAs write each program, RBTs deliver sessions, and the clinical director reviews every plan before it goes to insurance. BCBAs supervise RBTs weekly, and parents are trained weekly, with goals and plans discussed in those sessions. The approach is trauma-informed and assent-based, uses the least intrusive strategies, and does not use restraint. Families receive a privacy statement in the intake package. If you have a concern, you can raise it with your BCBA, then the assistant clinical director, then the executive director.

Questions about what to expect? Contact us for a free consultation or call 561-337-8865.