Provision of Services via Electronic Means
In response to inquiries from licensees and other interested parties, the Board has concluded it has no separate view per se regarding the provision of services via electronic means.
At all relevant times, regardless of the delivery mode of services, licensees must abide by N.C.G.S. Chapter 90, Article 43; 21 NCAC 05; the Ethics Code for Behavior Analysts; and all applicable laws, rules, and regulations. Please see “Rules and Statues.” The most up-to-date version of the Ethics Code for Behavior Analysts can be found on the certifying entities’ website at: https://www.bacb.com/ethics-information/ethics-codes/.
The Board considers that the practice of behavior analysis occurs both where the person who is providing services is located and where the individual who is receiving the services is located. An individual must be licensed by the Board or exempt pursuant to N.C.G.S. § 90-745 in both instances. It is recommended that the person providing services contact the licensing board in the state in which the client resides to determine if such practice is permitted in that jurisdiction.
The specific mode of service delivery should be conducted in a manner that is beneficial to the client. Licensees must carefully consider and resolve challenges inherent in the specific mode of delivering services. Such challenges may include, but are not limited to, informed consent, competence, providing effective treatment, timeliness, confidentiality/security of privacy, compliance with supervisory and reporting requirements, and effective communication about services. Licensees must act in the best interest of clients, taking appropriate steps to support clients’ rights, maximize benefits, and do no harm.
The best interests of the client should be the ultimate determinate in the service delivery format.