Professional Documents
Culture Documents
https://doi.org/10.1007/s40617-020-00430-1
Abstract
Recent executive orders have led some applied behavior analysis (ABA) providers to interpret themselves as “essential person-
nel” during the COVID-19 pandemic. In this article, we argue against a blanket interpretation that being labeled “essential
personnel” means that all in-person ABA services for all clients should continue during the COVID-19 pandemic. We believe
this argument holds even if ABA providers are not in a jurisdiction currently under an active shelter-at-home or related order.
First, we provide a brief description of risks associated with continued in-person ABA service delivery, as well as risks associated
with the temporary suspension of services or the transition to remote ABA service delivery. For many clients, continued in-person
service delivery carries a significant risk of severe harm to the client, family and caregivers, staff, and a currently overburdened
health care system. In these situations, ABA providers should temporarily suspend services or transition to telehealth or other
forms of remote service delivery until information from federal, state, and local health care experts deems in-person contact safe.
In rare cases, temporary suspension of services or a transition to remote service delivery may place the client or others at risk of
significant harm. In these situations, in-person services should likely continue, and ongoing assessment and risk mitigation are
essential.
save lives (Desai & Patel, 2020; Emanuel et al., 2020). asymptomatic or have mild symptoms (Wu & McGoogan,
Though states enacting shelter-at-home orders are consistent 2020).3 ABA providers who continue to conduct in-person
in allowing essential personnel to continue working, the def- services are at an increased risk of contracting COVID-19
inition of essential personnel varies from state to state. themselves because of their frequent contact with others, are
The circumstances we find ourselves in raise important and likely to be unaware they have it, and will be unaware they are
difficult questions for applied behavior analysis (ABA) pro- spreading the disease to others, including clients and their
viders who serve individuals with autism spectrum disorder families. Ultimately, continuing to provide in-person ABA
(ASD). For example, Michigan (State of Michigan, 2020) and services increases the risk that more people will become ill
Ohio (State of Ohio, 2020) were among many states where than if in-person ABA services stop.
ABA services for individuals with ASD were interpreted as Participating in the spread of COVID-19 is ethically con-
essential. A major challenge in this designation is that in- sequential for several reasons. As of writing this article on
person ABA service delivery likely involves physical contact March 28, 2020, research from China estimates 14% of people
or proximity between two or more people. This close contact who contract COVID-19 will require hospitalization and 2.3%
places ABA providers1 and ABA consumers,2 and the com- of people who contract COVID-19 will die (Wu &
munity within which both groups travel, at an increased risk of McGoogan, 2020). This is ethically consequential for the
contracting COVID-19. This is a serious concern that should health and life of ABA consumers and providers.
not be overlooked and raises an important question: Are ABA Individuals with ASD are more likely to have allergies and
providers essential personnel? autoimmune diseases than the general population (Chen et al.,
In this article we argue against universal decisions to con- 2013), placing them at greater risk of requiring hospitalization
tinue or to stop ABA service delivery during the COVID-19 because of COVID-19. Under ideal conditions, many hospi-
pandemic. This recommendation holds even if ABA providers tals are not prepared to support the communication and be-
are not in a jurisdiction currently under an active shelter-at- havioral needs of individuals with ASD (Vaz, 2010). To com-
home or related order. Instead, ABA providers’ decisions pound the previous points, the states of Arizona and
about continuing ABA services during the COVID-19 pan- Washington have issued policies that people with disabilities
demic should be made on a client-by-client basis. To assist in have a lower priority to receive critical and lifesaving medical
this analysis, we offer one potential decision-making process care (Silverman, 2020), although these policies are out of
that may help mitigate risk while ABA providers make the compliance with the Office of Civil Rights (2020) bulletin
difficult decision of whether to continue providing in-person issued on March 28, 2020. Even so, confusion around this
services to clients with ASD. issue could further limit access to lifesaving care for people
with disabilities, including individuals with ASD. Efforts to
keep clients out of the hospital must, therefore, be a top prior-
ity for ABA providers during the COVID-19 pandemic. The
A Blanket Designation of ABA as Essential BACB Professional and Ethical Compliance Code for
During a Pandemic Is Concerning Behavior Analysts (2014; hereafter referred to as the BACB
Code) obligates Board Certified Behavior Analysts (BCBAs)
The blanket interpretation of ABA as an essential service is a to operate in the best interests of their clients (Section 2.0) and
major concern if it results in ABA providers continuing to to put their clients’ care first (Section 2.04d).4 In some situa-
provide in-person services for all clients they serve, or for all tions, maximizing the best interest of a client and placing his
clients or ABA consumers who request that services continue. or her care first might mean stopping in-person ABA services
COVID-19 spreads rapidly and can live in the air for over 3 hr to reduce the likelihood that ABA consumers or providers
and on some surfaces for up to 3 days (van Doremalen et al., (especially behavior technicians) contract COVID-19.
2020). A recent analysis from China indicates that approxi- Participating in the potential spread of COVID-19 is also
mately 80% of people infected with COVID-19 are ethically consequential for the health of the broader commu-
1
nity. In many locations, the current pandemic is placing severe
We use the term ABA providers to refer to a range of professionals involved
in ABA service delivery, ranging from clinical directors to frontline em-
economic strain on already-burdened communities (e.g.,
ployees. When appropriate, we refer to specific ABA providers, such as be- Haslem, 2020). Additionally, participating in the potential
havior technicians, to highlight that specific provider’s role in the proposed
analysis.
2 3
We use the term ABA consumers to refer to a range of individuals impacted For up-to-date statistics on this dynamically changing situation, we encour-
by the services received from ABA providers. The term ABA consumers refers age the reader to visit https://ourworldindata.org/coronavirus
4
broadly to the client, the client’s caregivers or legal guardians, the client’s The BACB has published a document titled “Ethics Guidance for ABA
extended family, or other people who reside in the client’s home or are other- Providers During COVID-19 Pandemic.” We direct the reader to https://
wise impacted by ABA services. When appropriate, we refer to specific ABA www.bacb.com/bacb-covid-19-updates/
consumers, such as the client, to highlight that specific consumer’s role in the to review these guidelines and any updates issued by the BACB during the
proposed analysis. COVID-19 pandemic.
Behav Analysis Practice (2020) 13:299–305 301
spread of COVID-19 raises the probability of increasing the acquired infection and disease (e.g., Chowdhury, Miller,
burden on a health care system presently under tremendous Lewis, Niesley, & Patel, 2016; Gestal, 1987; Haverstick
resource strain (Emanuel et al., 2020). There are currently not et al., 2017). Thus, blanket decisions to stop all ABA services
enough health care resources for everyone who contracts may place some ABA consumers at risk of severe harm to
COVID-19. Because of the lack of health care resources, themselves or others, as well as, ironically, at an increased risk
health care providers must make decisions that balance max- of contracting COVID-19 if hospitalized.
imizing benefits and minimizing harms for each patient versus Withdrawing ABA services for clients at high risk is also
maximizing benefits and minimizing harms for an entire com- ethically consequential for the broader geographical and ABA
munity. ABA providers have not had to enter this conversation communities. For the broader geographical community, al-
historically. But this conversation is on our doorstep. most half of children with ASD have been reported to engage
Additionally, the probability of increasing health care risks in elopement (Anderson et al., 2012). In the current crisis, a
to others in our community and the broader public health care child who runs away from home requires much-needed com-
system is a relevant variable in the decision-making process as munity resources (e.g., police and ambulances). Relatedly, if
to whether to continue providing in-person ABA services. services are withheld and the client with ASD ends up hospi-
talized, extra hospital resources might be required to support
any communication and behavioral needs the person may re-
A Blanket Designation to Stop All In-Person quire while hospitalized (Vaz, 2010).
ABA Services Is Concerning Thus, to summarize the ethical dilemma, many ABA pro-
viders have found themselves in a position where they need to
Some clients may have behavioral difficulties that could result decide whether to continue providing in-person ABA services
in extreme harm to themselves or others, such as family mem- or to withhold in-person ABA services. Each option carries
bers. For the purpose of this article, extreme harm is defined as significant risk of harm to ABA consumers, ABA providers,
injury sufficient to warrant medical attention. Without existing and the larger geographical, medical, and ABA communities.
data, it is unclear how many ABA consumers fall into this As with many ethical dilemmas, this is a living, breathing
category, although it seems likely that ABA providers are decision-making context. Unlike many ethical dilemmas, the
capable of making reasonable assessments of this with their facts, probabilities, and risks of harm from contracting
clients. However, we suspect it is a minority of consumers and COVID-19 are dynamically changing. ABA providers will
that clients with these extremely severe behavioral topogra- need to regularly reevaluate their decisions to provide or with-
phies are an exception, not the norm. Nevertheless, in-person hold treatment according to dynamically changing client
ABA services may be necessary to protect or sustain the life of needs. It is our position that this decision is best made on a
a client in some situations, despite the risk of contracting case-by-case basis.
COVID-19. It is additionally worth considering that school
closures, stay-at-home orders, and overall massive changes
to ABA consumers’ daily routines may dramatically intensify
problem behavior. Case-by-Case Decision Framework
Withdrawing ABA services for clients with ASD who re- to Continue or Postpone ABA Services
quire services to protect or sustain life is ethically consequen- During a Pandemic
tial for several reasons. Some clients may have a history of, or
currently display, challenging behavior that carries some prob- The ethical dilemma ABA providers currently find themselves
ability of risk of harm to themselves and others. A decision to in is incredibly complex and difficult. Figure 1 provides one
cease or significantly alter in-person treatment could lead to an potential framework for how ABA providers may decide
increase in the severity or intensity of challenging behavior whether to continue ABA services for each client. This frame-
(e.g., Briggs, Fisher, Greer, & Kimball, 2018; Fuhrman, work is based on the authors’ collective belief that the decision
Fisher, & Greer, 2016; Kimball, Kelley, Podlesnik, Forton, to continue services should be made on a client-by-client basis
& Hinkle, 2018; Lambert, Bloom, Samaha, & Dayton, 2017; involving ongoing, thorough, and careful risk assessments in
Romano & St. Peter, 2016), which could result in the client or conjunction with the BACB Code and relevant federal, state,
others, such as a family member, being hospitalized. The and local policies and laws. We also highlight what we believe
probability of harm from challenging behavior has to be bal- are currently the most important considerations within that
anced against the probability of contracting COVID-19 decision-making framework. No single person has all the an-
through continued in-person services. To compound this cal- swers, and no one can generate an optimal solution that all can
culation, hospitalization also carries an increased probability follow. We hope that readers will find the decision-making
of an unaffected patient contracting the virus while hospital- model useful and identify gaps in our logic so they can im-
ized because hospitals carry increased risk of hospital- prove upon it for their unique situations.
302 Behav Analysis Practice (2020) 13:299–305
Fig. 1 A proposed process for risk mitigation during the COVID-19 pandemic
In brief, the logic of the decision-making framework is Pivot to Telehealth or Other Remote Service Delivery
as follows. ABA providers in leadership roles should not Method
force unnecessary risk on ABA consumers (e.g., clients
and their families), behavior technicians or their families, Because spreading COVID-19 during in-person ABA service
or the larger geographical community. If the client or the delivery is highly probable, we strongly recommend that most
client’s legal guardians have not requested for services to in-person services be temporarily paused until public health of-
continue, then services should stop until the COVID-19 ficials indicate a particular community, county, or state has the
pandemic subsides. If services are requested to continue, medical capacity to support those who are, or may become,
then ABA providers must decide whether they can pivot to seriously infected with COVID-19. This recommendation holds
telehealth or other remote service delivery method (e.g., even if ABA providers are not in a jurisdiction currently under a
phone). If they can pivot to telehealth, issues of training, shelter-at-home order. Fortunately, an alternative behavior exists
scope of competence, and using the decision-making pro- that is reimbursable and executable using readily available re-
cess of evidence-based practice need to be addressed. If sources. The U.S. Department of Health and Human Services
ABA providers cannot pivot to telehealth, then the barriers (HHS) has mandated that the telehealth delivery of ABA ser-
and issues surrounding the effective and safe delivery of vices can be reimbursed through health insurance companies
ABA treatment need to be addressed (BACB, 2014). If (HHS, 2020). For those who lacked the infrastructure to provide
barriers are technological, the risks of serious illness or telehealth services before the pandemic, the HHS has also stated
death from COVID-19 seem to outweigh the risks of with- that regulatory noncompliance law will be relaxed to allow
holding in-person services, and ABA services should be health care providers to build out and learn to use telehealth
temporarily suspended while the infrastructure for remote modalities (HHS, 2020). Given the widely available and acces-
service delivery is put in place. If the barriers are behav- sible nature of audio (e.g., phone) and video (e.g., FaceTime,
ioral (i.e., severe risk of harm or regression), then standard Zoom) technology, most ABA providers should be able to man-
practices of informed consent that include the potential age some degree of contact with clients while adhering to social-
risks associated with in-person delivery should follow. distancing recommendations (Centers for Disease Control and
Of particular emphasis, we believe the consent of all Prevention, 2020). It is worth noting that some insurance
ABA providers involved in conducting in-person services, funders strictly require HIPAA-compliant platforms in their doc-
including behavior technicians, must also be obtained. uments approving the use of telehealth services, so best practice
Next, we discuss each major point in turn. would be to exhaust compliant options first. In the event a
Behav Analysis Practice (2020) 13:299–305 303
noncompliant platform is used, this should be clearly stated as a In these situations, all reasonable attempts to build out the nec-
risk to confidentiality in informed-consent documents presented essary infrastructure for remote service delivery should be made
before the provision of telehealth services. so that ABA services can resume as quickly as possible. Over
A rapid transition to telehealth or other remote service de- 90% of Americans use the Internet (Anderson, Perrin, Jiang, &
livery method presents several issues for ABA providers with Kumar, 2019), and approximately 96% of Americans have a
little experience in this area. Of primary concern is that indi- cell phone of some kind (Pew Research Center, 2019). Barriers
viduals credentialed by the BACB are obligated to practice that result from the lack of infrastructure can likely be addressed
only within their scope of competence (BACB, 2014). for most ABA consumers given the pervasive access to the
Telehealth service delivery requires unique skills distinct from Internet and cellular devices, along with the aforementioned
in-person service delivery (Pollard, Karimi, & Ficcaglia, changes that allow for telehealth and telephonic ABA services
2017), and individuals credentialed by the BACB without to be reimbursable.
training in this realm will likely need training and supervision As mentioned earlier, a second situation where telehealth or
before practicing telehealth or other remote service delivery other remote service delivery method may not be possible might
method independently. occur because removing in-person services would result in sig-
A current lack of competence in telehealth service delivery nificant challenging behavior, or regression to significant chal-
does not justify continued in-person service delivery during the lenging behavior. Here, ABA providers’ legal and ethical obli-
COVID-19 pandemic. Individuals credentialed by the BACB gation to obtain informed consent indicates that all ABA pro-
are also ethically obligated to make genuine and ongoing efforts viders (ranging from directors to behavior technicians) and all
to obtain professional development and supervision to meet the ABA consumers (ranging from the client to any people that
present needs of their clients (see Brodhead, Quigley, & client has frequent contact with) should agree to continue in-
Wilczynski, 2018, and LeBlanc, Heinicke, & Baker, 2012, for person services in light of the current information available.
recommendations on expanding one’s scope of competence). Although it is unclear exactly how much an intervention context
Fortunately, the Council for Autism Service Providers has a needs to change before additional consent conversations are re-
public repository with resources for delivering ABA services quired, it is important to note that informed consent is regarded as
via telehealth and telephonic media (The Council of Autism an ongoing process and not a one-time decision (e.g., Bailey &
Service Providers, 2020). We are also aware that the Journal Burch, 2016; Brody, 1989; Egan, 2008; Usher & Arthur, 1998).
of Behavioral Education will soon be publishing a special issue
on telehealth. Additionally, informal observation suggests that Ongoing Risk Assessment Is Essential
several continuing education opportunities are available for
BCBAs to obtain some background knowledge and training The facts surrounding the COVID-19 pandemic, the probabil-
in telehealth delivery of ABA services. ity and severity of clients’ challenging behavior and regres-
In sum, where possible, a pivot to telehealth or other remote sion, ABA providers’ health status, and technological infra-
service delivery method seems to be the best solution to mit- structures are likely to change regularly. Ongoing risk assess-
igate risk during the COVID-19 pandemic while continuing to ment is important for all cases regardless of whether an ABA
provide some benefit of ABA to clients, even if the area in provider and ABA consumers agree that in-person ABA ser-
which ABA consumers reside is not presently under a shelter- vices should continue, stop, or transition to telehealth or other
at-home or related order. Remote service delivery requires a remote service delivery method. Within this conversation, it is
unique skill set that all individuals credentialed by the BACB important to note that some ABA providers may have
might not have. Nevertheless, resources exist for professionals preexisting conditions themselves that place them in a high-
credentialed by the BACB to expand their scope of compe- risk subgroup if they contract COVID-19. It is illegal for an
tence to execute a new treatment model (e.g., telehealth) while employer to ask about the health status of an employee. To
in-person services are temporarily withheld. protect all ABA providers during the pandemic, agency
leaders must respect any request for reassignment without
When Telehealth or Remote Service Delivery Is Not penalizing the person who makes the request. Requiring be-
Possible havior technicians, for example, to continue providing in-
person services under threat of losing their jobs would be
Remote service delivery may not be possible in some situations. unethical and, in the long run, bad business for agency direc-
One situation might be when the technological infrastructure tors and owners. Rather, to avoid unduly influencing the ABA
required for remote service delivery is not in place for the ABA provider, the consent process should explicitly state the em-
provider or consumer. Regardless, the potential risks of serious ployee is not at risk of corrective action or loss of employment
illness and death are likely greater than the risks of the tempo- by avoiding in-person work during this time.
rary withdrawal of services if a lack of technological infrastruc- Ongoing risk assessment should encompass all individuals
ture is the only reason telehealth services cannot be delivered. who live with or have regular contact with a client. Prior to the
304 Behav Analysis Practice (2020) 13:299–305
Kimball, R. T., Kelley, M. E., Podlesnik, C. A., Forton, A., & Hinkle, B. The Council of Autism Service Providers. (2020). Coronavirus—
(2018). Resurgence with and without an alternative response. telehealth resources. Retrieved from https://casproviders.org/
Journal of Applied Behavior Analysis, 51, 854–865. https://doi. coronavirus-resources/telehealth/
org/10.1002/jaba.466. U.S. Department of Health and Human Services. (2020). Notification of
Lambert, J. M., Bloom, S. E., Samaha, A. L., & Dayton, E. (2017). Serial enforcement discretion for telehealth remote communications dur-
functional communication training: Extending serial DRA to mands ing the COVID-19 nationwide public health emergency. Retrieved
and problem behavior. Behavioral Interventions, 32, 311–325. on March 27, 2020, from https://www.hhs.gov/hipaa/for-
https://doi.org/10.1002/bin.1493. professionals/special-topics/emergency-preparedness/notification-
LeBlanc, L. A., Heinicke, M. R., & Baker, J. C. (2012). Expanding the enforcement-discretion-telehealth/index.html
consumer base for behavior-analytic services: Meeting the needs of Usher, K. J., & Arthur, D. (1998). Process consent: A model for enhanc-
consumers in the 21st century. Behavior Analysis in Practice, 5, 4– ing informed consent in mental health nursing. Journal of Advanced
14. https://doi.org/10.1007/BF03391813. Nursing, 27, 692–697. https://doi.org/10.1046/j.1365-2648.1998.
Office of Civil Rights. (2020). Bulletin: Civil rights, HIPAA, and the 00589.x.
coronavirus disease 2019 (COVID-19). Retrieved from https:// van Doremalen, N., Bushmaker, T., Morris, D. H., Holbrook, M. G.,
www.hhs.gov/sites/default/files/ocr-bulletin-3-28-20.pdf Gamble, A., Williamson, B. N., … Munster, V. J. (2020). Aerosol
Pew Research Center. (2019). Mobile fact sheet. Retrieved from https:// and surface stability of SARS-CoV-2 as compared with SARS-CoV-
www.pewresearch.org/internet/fact-sheet/mobile/ 1. The New England Journal of Medicine. Advance online publica-
Pollard, J. S., Karimi, K. A., & Ficcaglia, M. B. (2017). Ethical consid- tion. https://doi.org/10.1056/NEJMc2004973
erations in the design and implementation of a telehealth service Vaz, I. (2010). Improving the management of children with learning dis-
delivery model. Behavior Analysis: Research and Practice, 17, ability and autism spectrum disorder when they attend hospital.
298–311. https://doi.org/10.1037/bar0000053. Child: Care, Health and Development, 36, 753–755. https://doi.
Romano, L. M., & St. Peter, C. C. (2016). Omission training results in org/10.1111/j.1365-2214.2010.01144.x.
more resurgence than alternative reinforcement. The Psychological
Wu, Z., & McGoogan, J. M. (2020). Characteristics of and important
Record, 67, 315–324. https://doi.org/10.1007/s40732-016-0214-z.
lessons from the coronavirus disease 2019 (COVID-19) outbreak
Silverman, A. (2020). People with intellectual disabilities may be denied
in China: Summary of a report of 72,314 cases from the Chinese
lifesaving care under these plans as coronavirus spreads.
Center for Disease Control and Prevention. Journal of the American
ProPublica. Retrieved from https://www.propublica.org/article/
Medical Association. Advance online publication. https://doi.org/
people-with-intellectual-disabilities-may-be-denied-lifesaving-care-
10.1001/jama.2020.2648
under-these-plans-as-coronavirus-spreads
State of Michigan. (2020). Executive order 2020-21. Retrieved from
https://www.michigan.gov/whitmer/0,9309,7-387-90499_90705- Publisher’s Note Springer Nature remains neutral with regard to jurisdic-
522626%2D%2D,00.html tional claims in published maps and institutional affiliations.
State of Ohio. (2020). Directors stay at home order. Retrieved from
https://content.govdelivery.com/attachments/OHOOD/2020/03/22/
file_attachments/1407840/Stay%20Home%20Order.pdf