In the realm of Applied Behavior Analysis (ABA), understanding and implementing informed consent is not just a legal necessity but also an ethical imperative. The research paper "Clinical Informed Consent and ABA" offers a detailed exploration of the legal precedents and ethical guidelines that govern informed consent in therapeutic contexts. This blog aims to distill key insights from the paper to help practitioners enhance their informed consent practices.
The Essence of Informed Consent
Informed consent is a dynamic process that involves more than just obtaining a signature on a document. It requires:
- Providing all necessary information about available interventions and their outcomes.
- Ensuring the patient or their proxy is decisionally capacitated.
- Guaranteeing that the decision is made without coercion or undue inducement.
Legal Precedents Shaping Informed Consent
The paper highlights several key legal cases that have shaped the current understanding of informed consent:
Schloendorff v. Society of New York Hospital (1914)
This case established that performing a medical intervention without consent constitutes battery. For ABA practitioners, this underscores the importance of obtaining informed consent, especially for interventions involving physical contact.
Canterbury v. Spence (1972)
This case introduced the "Reasonable Person Standard," requiring that all information a reasonable person would want to know be disclosed. For ABA, this means discussing alternative interventions and potential outcomes if no treatment is offered.
Gates v. Jenson (1979)
This ruling expanded disclosure requirements to include informing clients of alternative diagnostic procedures and their risk of future disease. ABA practitioners must ensure that clients are aware of all available assessment options and potential long-term impacts.
Truman v. Thomas (1980)
This case emphasized the need to disclose the risks of foregoing an assessment. ABA practitioners should inform clients about the potential consequences of not undergoing certain assessments or interventions.
Johnson v. Kokemoor (1996)
This ruling requires disclosing a practitioner's level of expertise and success rates compared to peers. ABA practitioners, especially those new to the field, should be transparent about their experience and success rates with specific interventions.
Practical Steps for ABA Practitioners
To implement these legal precedents effectively, ABA practitioners should:
- Always provide detailed information about the risks and benefits of an intervention.
- Discuss alternative interventions and the potential outcomes of not intervening.
- Be transparent about their experience and success rates with specific interventions.
- Consider the unique concerns of each client, tailoring the informed consent process accordingly.
Why It Matters
Adhering to these guidelines not only minimizes legal risks but also upholds the ethical standards of the profession. Informed consent empowers clients, promotes their autonomy, and ensures that interventions are aligned with their values and preferences.To read the original research paper, please follow this link:
Clinical Informed Consent and ABA.
