Scenario

An RBT has a court date for a DUI to get the final charges and wants to know if this should be reported to the BACB now or after charges.

Committee Input (e.g., considerations for pathways forward, potential barriers, potential solutions):

In accordance with the BACB’s RBT Handbook  (https://www.bacb.com/wpcontent/uploads/2022/01/RBTHandbook_230407-a.pdf), the following would apply as reportable to the Board:

1. 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 26).
2. 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 26). 

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.

It is advised that the RBT reach out to their supervising BCBA or HR department to discuss potential barriers to completing services and notify them if client sessions will need to be canceled or transitioned to another technician to account for loss of ability to get to/from place of employment.

Applicable Ethics Codes and ARS (identified by the committee):

• RBT Ethics Code 2.0 (https://www.bacb.com/wp-content/uploads/2022/01/RBT-Ethics-Code-230120-a.pdf)
• • 3.04: RBTs are aware of the events they need to self-report to the BACB and any other required entities (e.g., employer, supervisor). They self-report to the BACB within 30 days of the event or within 30 days of becoming aware of the event. RBTs are required to self-report to the BACB any event that might impact their ability to effectively carry out their behavior technician services or comply with BACB requirements, including:  
  • • legal charges and subsequent related actions;  
    • investigations by employers, governmental agencies, educational institutions, or third-party payers naming the RBT;  
    • disciplinary actions by employers (including suspensions and terminations for cause), governmental agencies, educational institutions, and third-party payers; OR  
    • physical conditions, mental conditions, or substance abuse that may impair the RBT’s ability to safely provide behavior-technician services. 
• 1.09:  RBTs are aware that their personal biases or challenges (e.g., mental or physical health conditions; legal, financial, marital/relationship challenges) may impact their ability to effectively carry out their behavior technician services. If their biases or challenges may impact services, they take steps to resolve the issue (e.g., developing an action/care plan, reporting to their supervisor, refraining from working with clients until the issue is resolved, reporting to the BACB) and document these actions.