Portal Submission:

Relevant background: “I was just made aware that a clinical director at a company I recently resigned from is also employed at a different agency as a full-time supervising BCBA. She is billing 25+ hours per week at one agency and is serving as a clinical director at another company, with no billable requirement. I do not have any concrete evidence that either position is being impacted by the other, however, it is deeply concerning. She is a BCBA-LBA in Arizona, and both positions are telehealth.”

Possible solutions: Should I make either company aware of this? It does not directly impact me; however, it is potentially impacted numerous RBTs, clients and families.

Credentialing: Reporter is an LBA

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

Based on the information provided, it is unclear whether stakeholders are being negatively impacted by this individual’s choice to work concurrently at two agencies. The committee acknowledges the potential ethical dilemmas that may arise by an LBA practicing at two organizations, including the responsibility to provide effective treatment to clients and oversight of behavior technicians (2.01, 3.01, 4.03, 4.04).  

The committee also takes note of the often-evolving responsibilities of a Clinical Director, which may include clinical oversight of other LBAs, Behavior Analyst Trainees, and behavior technicians (4.03, 4.04). Quality oversight in this position may be more challenging to measure than that of an LBA’s client caseload but nonetheless may have serious implications for stakeholders. It is the LBA’s responsibility to ensure that their supervisory volume allows for quality services. Additional guidance on recommended supervisory volume can be found in the Council of Autism Service Providers’ ABA Practice Guidelines.

It is possible that both employers are aware of and have approved of the LBA’s employment status. If this is the case, and the LBA is meeting professional responsibilities and role expectations without compromising client care or supervision quality, then it is possible that no violation has occurred. Supervision requirements for both client hours and behavior technicians supersede employment arrangement or job title, and ought to be monitored for fidelity and quality by both the LBA and their organization’s quality assurance measures.

Specific information on these topics was not included for the committee’s review.

Considerations for exploration:

It is unclear how the submitter became aware of this circumstance or if additional information is available. Given these expectations, it should be encouraged that the submitter reflect on any potential bias related to their former employment at one of the agencies and to approach the concern with a client-centered, ethics-driven mindset.

Given the information provided, the committee formulated the following considerations:

• Document the concern privately, noting the source, context, and date of the information received
• Reflect on potential bias or personal influence
• Avoid assumptions; determine whether further fact-finding (e.g., role descriptions, agency affiliations) is necessary
• Monitor for future concerns such as breakdowns in supervision, miscommunication, or compromised client care

If additional concerns emerge over time:

• Seek informal guidance from a trusted colleague, supervisor, or ethics consultant
• Consider contacting the LBA directly in a respectful, non-accusatory manner to clarify role expectations and employer awareness
• If evidence of a Code violation or risk to clients becomes clear, consider submitting a formal concern to the Arizona Board of Psychologist Examiners in accordance with A.R.S. § 32-2091.

Ethics Codes (specific standards that could apply to support/oppose):

●       BACB Ethics Code Glossary: Conflict of Interest, 1.01 Being Truthful, 1.02 Conforming with Legal and Professional Requirements, 1.03 Accountability, 1.04 Practicing Within a Defined Role, 1.10 Awareness of Personal Biases and Challenges, 2.01 Providing Effective Treatment, 2.19 Addressing Conditions Interfering with Service Delivery, 3.01 Responsibility to Clients, 4.03 Supervisory Volume, 4.04 Accountability in Supervision

●       A.R.S. § 32-2091 (12)(a)(b)(o)

Additional Resources:

●       BACB Ethics Code for Behavior Analysts

●       BACB Reporting Guidance

●       Arizona Behavior Analyst Licensure Statute A.R.S. § 32-2091

·        Council of Autism Service Providers’ ABA Practice Guidelines (Version 3.0)