Scenario
A Licensed BCBA was recently charged with a DUI in another state. This was a first offense, no other persons were involved, and no damage to the vehicle occurred. This incident was not related to behavior analytical services, clients, or involved in the profession in any way. This person has notified the AZ Board of Psychologist Examiners and per self-disclosure considerations, has not reported alcohol abuse or mental health/substance abuse condition(s). Per the self-reporting guidance listed by the BACB, the DUI citation did not exceed the $750 fine that must be reported and with the current court date pending, there is not a current conviction. At what point, if any, does this person need to self-report to the BACB?
Committee Input (e.g., considerations for pathways forward, potential barriers, potential solutions):
In accordance with the BACB’s BCBA Handbook (https://www.bacb.com/wpcontent/uploads/2022/01/BCBAHandbook_220713.pdf), the following would apply as reportable to the Board:
- Public health and safety tickets, citations, or fines greater than $750 (USD or equivalent) or of any amount if the situation involved or occurred in the presence of a client (page 42).
- Criminal or civil suits in which you have been found guilty, have entered a plea of no contest, or have otherwise been sanctioned related to a misdemeanor or felony involving public health and safety or the delivery of behavior analytic, health-care, educational, or other human services (this must be reported within 30 days of becoming aware of the criminal or civil suit) (page 42).
Once a decision from the court is made, the individual can follow the BACB’s guidance on whether this is reportable or not to the BACB.
Ethics Codes (specific standards that could apply to support/oppose):
Application of the Code does not extend to behavior analysts’ personal behavior unless it is determined that the behavior clearly poses a potential risk to the health and safety of clients, stakeholders, supervisees, or trainees. This would not be an ethics violation unless the person continues to practice without following guidance of the state licensing committee.
