1. (a) Individuals certified by the BACB are required to comply with the BACB Professional and Ethical Compliance Code for Behavior Analysts.

   1. (1) The department may consult the requirements of the certifying entity or the BACB Professional and Ethical Compliance Code for Behavior Analysts in the application and enforcement of the ethical standards included in this section.
   2. (2) The department will apply the requirements of this section consistent with the requirements, guidance, and interpretations of the certifying entity unless an alternate interpretation is reasonably necessary or required.

2. (b) License holders shall comply with the following ethical standards when providing behavior analysis services. All license holders shall:

   1. (1) comply with all provisions of the Act and this chapter, as well as any other state or federal law or rule that applies to the provision of behavior analysis services by, or the regulation of the license holder.
   2. (2) provide behavior analysis services without discrimination based on race, color, national origin, religion, gender, age, or disability.
   3. (3) offer to perform or perform only behavior analysis services for which the license holder is qualified and that are within the scope of the license holder's certification, license, or competence, considering level of education, training, and experience.
   4. (4) accurately and truthfully represent his or her education, training, credentials, and competence.
   5. (5) fully and accurately inform clients of the nature and possible outcomes of services rendered.
   6. (6) be knowledgeable of all available information relevant to the behavior analysis services being provided to the client.
   7. (7) take reasonable measures to ensure a safe environment for clients.
   8. (8) maintain objectivity in all matters concerning the welfare of the client.
   9. (9) refrain from participating in inappropriate or exploitative multiple relationships.
   10. (10) not guarantee, directly or by implication, the results of any behavior analysis services, except that a reasonable statement of prognosis may be made. A license holder shall not mislead clients to expect results that cannot be predicted from reliable evidence.
   11. (11) obtain written consent from a client or a minor client's parent or authorized representative in order to use the client's data or information for research or teaching activities.

   12. (12) reveal confidential or personal information about a client only with authorization unless:

       1. (A) required by law or compelled by a court to reveal the information;
       2. (B) required by the certifying entity to reveal the information; or
       3. (C) revealing the information is necessary to protect the welfare of the client or of the community.
   13. (13) document any confidential or personal information disclosed, the person or entity to whom it was disclosed, and the justification for disclosure in the client's record if a license holder reveals such information about a client without authorization.
   14. (14) provide, in plain language, a written explanation of the charges for behavior analysis services previously made on a bill or statement, upon the written request of a client or the minor client's parent or authorized representative.
   15. (15) accurately represent and describe any product created or recommended by the license holder.
   16. (16) not require the purchase by a client of any product created or produced by the license holder.
   17. (17) not use his or her professional relationship with a client to promote any product for personal gain or profit, unless the license holder has disclosed to the client the nature of the license holder's personal gain or profit.
   18. (18) not offer to pay or agree to accept any remuneration directly or indirectly, overtly or covertly, in cash or in kind, to or from any person, firm, association of persons, partnership, or corporation for securing or soliciting clients or patronage.
   19. (19) not persistently or flagrantly overcharge a client or third party.
   20. (20) not persistently or flagrantly over treat a client.
   21. (21) terminate a professional relationship when it is reasonably clear that the client is not benefitting from the services being provided or when it is reasonably clear that the client no longer needs the services.
   22. (22) seek to identify competent, dependable referral sources for clients and shall refer when requested or appropriate.
   23. (23) not sell, barter, or offer to sell or barter a license.
   24. (24) refrain from engaging in sexual contact, including intercourse or kissing, sexual exploitation, or therapeutic deception, with a client. Sexual contact and sexual intercourse mean the activities and behaviors described in Penal Code, §21.01. Sexual exploitation means a pattern, practice, or scheme of conduct, which may include sexual contact, that can reasonably be construed as being for the purposes of sexual arousal or gratification or sexual abuse of any person. Therapeutic deception means a representation by a license holder that sexual contact with, or sexual exploitation by, the license holder is consistent with, or part of, the behavior analysis services being provided to the client.
   25. (25) refrain from practicing behavior analysis if, due to illness or use of alcohol, drugs or medications, narcotics, chemicals or other substances, or from mental or physical conditions, the person is incapable of practicing with reasonable skill and safety to clients in the provision of behavior analysis services.

3. (c) Information used by a license holder in any advertisement or announcement shall not contain information that is false, inaccurate, misleading, incomplete, out of context, deceptive or not readily verifiable. Advertising includes, but is not limited to, any announcement of services, letterhead, business cards, commercial products, and billing statements. False, misleading, or deceptive advertising or advertising not readily subject to verification includes advertising that:

   1. (1) makes a material misrepresentation of fact or omits a fact necessary to make the statement as a whole not materially misleading;
   2. (2) makes a representation likely to create an unjustified expectation about the results of a professional service;
   3. (3) compares a professional's services with another professional's services unless the comparison can be factually substantiated;
   4. (4) causes confusion or misunderstanding as to the credentials, education, or licensing of a professional;
   5. (5) makes a representation that is designed to take advantage of the fears or emotions of a particularly susceptible type of client; or
   6. (6) represents in the use of a professional name, a title or professional identification that is expressly or commonly reserved to or used by another profession or professional, unless the license holder is licensed or otherwise authorized to use the title or professional identification.

Source Note:The provisions of this §121.75 adopted to be effective May 1, 2018, 43 TexReg 2570.