Portal Submission/Scenario
Possible Ethics Issue: “Transition of Services”
Relevant background: “Put in a 30 day notice, new bcba starting and can transition my cases over. Employer is forcing me to stay for 90 days due to credentialing.”
Possible solutions: “Contacted a lawyer, lawyer stated I can leave however wondering if my license would be affected even if I put a 30 day notice in”
Credentialing: Reporter is “an LBA, I’m not credentialed”, My supervisor is not bound to the BACB Ethics Code (e.g., they are not an LBA, and no other comparable supervisor is an LBA)
Committee Input (e.g., considerations for pathways forward, potential barriers, potential solutions):
We recommend that the reportee review ‘Section 3- Responsibility to Clients and Stakeholders’, in the Ethics Code for Behavior Analysts, particularly codes 3.14 Facilitating Continuity of Services and 3.16 Appropriately Transitioning Services for guidance on what to do when leaving an organization and the clients/stakeholders therein.
We also recommend that the reportee review ARS 32-2091.12(v) (found here: https://www.azleg.gov/ars/32/02091.htm) which outlines, “Unprofessional Conduct” to include, “Abandoning or neglecting a client in need of immediate care without making suitable arrangements for continuation of the care.”
Considerations for Explorations:
There are to our knowledge no specific requirements within the Arizona Licensing Statutes or Ethics Code for Behavior Analysts, for the length of a transition given the many circumstances and variables that exist within our therapeutic environments. 30 Days’ Notice is a field standard of practice that is generally considered to be sufficient to facilitate successful transitions.
Without more information on what is meant by ‘credentialing’, we can only assume that Funder credentialing is being referred to here. We are not able to provide detailed guidance on navigating the vast number of funder requirements, and instead encourage the reportee to review the ARS and Ethics Code guidance above. We affirm that the reportee is not responsible for ensuring the credentialing of a new Behavior Analyst taking their place, but recommend that the reportee take reasonable steps to understand the funder requirements for which they are credentialed and do their best to inform and collaborate accordingly.
Applicable Ethics Codes and ARS (identified by the committee)
ECBA Codes:
3.14 Facilitating Continuity of Services
3.16 Appropriately Transitioning Services
ARS
ARS 32-2091.12(v)