The potential recipient of services or participant in a research study gives his or her explicit permission before any assessment or treatment is provided.
informed consent
requires more than obtaining permission – permission must come after full disclosure and information is provided to the participant
informed consent
Three tests must be met before informed consent can be considered valid
- capacity - information - voluntariness
requires that the person (including the guardian) giving consent has reached the age of majority (usually 18 years) and is competent to make such decisions.
Capacity (elements of informed consent)
- has reached age of majority - has NOT been adjudicated as incompetent
Legal Competence
requires that the person giving consent be informed - that he or she has the right to refuse to give consent without penalty - that he or she may withdraw consent at any time without penalty
information (elements of informed consent)
Must be informed of - the exact nature of the procedures - the expected benefits or the procedures - the potential risks of the procedures - the risks/benefits of alternative approaches
information (elements of informed consent)
requires that there be no coercion or duress in obtaining consent
voluntariness
for individuals incapable of giving informed consent, the bx analyst shall:
- provide an appropriate explanation - discontinue research if the person gives clear signs of unwillingness to continue participation - obtain appropriate permission from a legally authorized person, if such substitute consent is required by law
when there is no one from whom consent can be obtained:
- the consumer’s bx must be judged to present imminent danger to self or others and that, within reasonable certainty, harm will result if services are not provided. - there must be a reasonable probability that the proposed bx analysis services will produce beneficial effects for the consumer without harmful effects. - procedural safeguards should be in place to protect the rights of the consumer and service provider.
- the consumer has the right to revoke his or her consent at any time - consent should be time-limited and reviewed on a regular basis
Limits of Consent
obtaining/reviewing consent must reflect:
- risk - intrusiveness - irreversibility
general principle of informed consent
the riskier, more intrusive or more irreversible the activity; the more formal the consent process should be
relatively informal vs. more formal examples of consent…
- implied (no objection) - oral - written or recorded
Level of formality will determine who consents…
general principle – the less “mentally capable” the person, the more likely the consent of another will be required
- whomever is granting consent must be provided with enough information - two-part process helps determine if the consent is truly informed
informed consent
- consider current state of person - the person legally responsible for the patient must formally consent to the treatment before it begins. - consent must involve capacity
guidelines for voluntary/uncoerced informed consent
bx analysts must maintain the _______ of individuals with whom they work.
confidentiality
to minimize intrusions on privacy, bx analysts should include only
information germane to the purpose of communication and with appropriate individuals
bx analysts must not
disclose information without consent unless mandated by law.
BACB Task 1-5, assist the client with
identifying life style or systems change goals and targets for behavior change that are consistent with the applied dimension of applied bx analysis, applicable laws, and the ethical and professional standards of the profession of ABA.
dignity, health and safety issues—
- often center on the contingencies and physical structures present in the environments in which people live and work - the BA should be acutely aware of these issues
Favell and McGimsey (1993), Characteristics of a Therapeutic Environment.
list of acceptable characteristics of treatment environments to ensure dignity, health and safety
do we honor the person’s choices? do we provide adequate space for privacy? do we look beyond the person’s disability and treat the individual with respect?
questions to ask in order to insure dignity
