HomeBxLogEthically Speaking: Who Counts as a Third Party Under the BACB® Ethics Code? Ethically Speaking: Who Counts as a Third Party Under the BACB® Ethics Code? December 18, 2025 If you find ethics content about third parties and third party contracts confusing, here’s a simple breakdown. First you have the client, the direct recipient of services. Next, you have your stakeholders, the second party. This group are not the client, but are involved in services because they are invested in the outcomes, like parents, caregivers, siblings, other collaborating professionals and legal representatives. Those are the people who have the legal authority to consent to participating in services or research on behalf of the client. Stakeholders also include those broadly invested in ABA services like licensure boards, employers, and third party contractors. Sometimes third parties can also belong to the second party stakeholder group. According to the BACB® ethics code for behavior analysts, a third party is “Any individual, group, or entity other than the direct recipient of services, primary caregiver, legally authorized representative, or the behavior analyst who requests and funds services on behalf of a client or group of clients.” Some examples include a school district, a government entity, mental health agency, and others. It might help to think about who the third party is not. A third party is never the direct recipient of services, never the service provider, and never the caregiver or legally authorized representative. A third party is just who contracts and pays for the services to be provided. Imagine a group home that contracts and pays for ABA services for a resident. The client is the resident, the first party. Stakeholders include the resident’s caregivers and to some degree, the group home because they’re invested in the services provided. Stakeholders make up the second party. The third party is just the group home because they initiated the contract and they pay for the services. Remember, third party people might get invited to the second party, the stakeholder group, but never to the first party, the client group. The third party is about contracts and payments. Download the complete BACB® Ethics code. Save this for review week, and party on. Please leave this field emptyExam Prep Tips. Delivered Weekly. Be the first to get the latest access to resources, news, and exclusive offers from PTB, delivered to your inbox. We don’t spam! Read our privacy policy for more info. Check your inbox or spam folder to confirm your subscription. 6th Edition TCO2.04 Disclosing Confidential Information Behavior analysts only share confidential information about clients, stakeholders, supervisees, trainees, or research participants: (1) when informed consent is obtained; (2) when attempting to protect the client or others from harm; (3) when attempting to resolve contractual issues; (4) when attempting to prevent a crime that is reasonably likely to cause physical, mental, or financial harm to another; or (5) when compelled to do so by law or court order. When behavior analysts are authorized to discuss confidential information with a third party, they only share information critical to the purpose of the communication.3.07 Third-Party Contracts for Services When behavior analysts enter into a signed contract to provide services to a client at the request of a third party (e.g., school district, governmental entity), they clarify the nature of the relationship with each party and assess any potential conflicts before services begin. They ensure that the contract outlines (1) the responsibilities of all parties, (2) the scope of behavioral services to be provided, (3) the likely use of the information obtained, (4) the behavior analysts’ obligations under the Code, and (5) any limits about maintaining confidentiality. Behavior analysts are responsible for amending contracts as needed and reviewing them with the relevant parties at that time. 3.08 Responsibility to the Client with Third-Party Contracts for Services Behavior analysts place the client’s care and welfare above all others. If the third party requests services from the behavior analyst that are incompatible with the behavior analyst’s recommendations, that are outside of the behavior analyst’s scope of competence, or that could result in a multiple relationship, behavior analysts resolve such conflicts in the best interest of the client. If a conflict cannot be resolved, the behavior analyst may obtain additional training or consultation, discontinue services following appropriate transition measures, or refer the client to another behavior analyst. Behavior analysts document all actions taken in this circumstance and the eventual outcomes.3.09 Communicating with Stakeholders About Third-Party Contracted Services When providing services at the request of a third party to a minor or individual who does not have the legal right to make personal decisions, behavior analysts ensure that the parent or legally authorized representative is informed of the rationale for and scope of services to be provided, as well as their right to receive copies of all service documentation and data. Behavior analysts are knowledgeable about and comply with all requirements related to informed consent, regardless of who requested the services.BACB Ethics Code E. Ethical and Professional Issues Mini Mocks EMiniBig E & IStakeholdersThird party Related Content Dana Do's: Scope of Practice vs. Scope of Competence When it comes to ethical and professional responsibilities, scope of practice and scope of competence are not interchangeable. Learn the differences from PTB founder Dana Meller.Dana Do's: How to Use the Ethics Code to Help Answer Questions on the BCBA® Exam PTB founder Dana Meller illustrates how using the ethics Code can help BCBA/BCaBA exam candidates identify the correct answer on exam questions.Wyatt vs. Stickney A federal court ruling that established that individuals with mental illness or intellectual disabilities, who are involuntarily living in institutions, have a constitutional right to personal treatment with minimum standards…The Family Educational Rights and Privacy Act (FERPA) A federal law that protects the privacy of student education records and gives parents, and students over the age of 18, certain rights with respect to their children’s education records.The Right to Effective Education A statement generated from a report by the Association for Behavior Analysis International Task Force that outlines a set of recommendations for effective education derived from the principles that have…The Right to Effective Behavioral Treatment A statement that was developed by the Association for Behavior Analysis International Task Force explaining their position on a client’s right to effective behavioral treatment as a set of guidelines…Statement on restraint and seclusion A statement generated by a task force authorized by the Executive Council of the Association for Behavior Analysis International defining and explaining the accepted uses of restraint, seclusion, and time-out…Individuals With Disabilities Act (IDEA) A federal law that gives students with disabilities the right to a free, appropriate public education and an individualized education plan, and gives specific rights to parents.Health Insurance Portability and Accountability Act (HIPAA) A federal law that requires client privacy rights and establishes rules about the transition/storing of client Protected Health Info (PHI).Hancock vs. Avery A federal court ruling that protects an individual by placing conditions on the use of time-out procedures, such as limiting the duration of the time out.Core principles underlying the Code Four core principles that behavior analysts can use to help interpret and apply Code standards, as outlined in the Ethics Code for Behavior Analysts. 1. Benefit others; 2. Treat others…Cultural humility Ongoing self-reflection and recognition of one’s own prejudices and implicit and explicit biases, as well as a critical look at one’s own behavior.Cultural responsiveness The ability to respect and work to understand the cultural differences and needs of diverse populations and to incorporate this respect and understanding into professional and client relationships.Code’s definition of behavior analyst An individual who holds BCBA® or BCaBA® certification or who has submitted a complete application for BCBA® or BCaBA® certification.Code’s definition of scope of competence The professional activities a behavior analyst can consistently perform with proficiency.Code’s definition of informed consent (information use/sharing) Information Use/Sharing: Providing the opportunity for an individual to give informed consent to share or use their information involves communicating about: 1) the purpose and intended use; 2) the audience;…Code’s definition of conflict of interest An incompatibility between a behavior analysts’ private and professional interests resulting in risk or potential risk to services provided to, or the professional relationship with, a client, stakeholder, supervisee, trainee,…Code’s definition of multiple relationship A comingling of two or more of a behavior analyst’s roles (e.g., behavioral and personal) with a client, stakeholder, supervisee, trainee, research participant, or someone closely associated with or related…Code’s definition of third-party Any individual, group of individuals, or entity, other than the direct recipient of services, the primary caregiver, the legally authorized representative, or the behavior analyst, who requests and funds services…Code’s definition of clients’ rights Human rights, legal rights, rights codified within behavior analysis, and organization rules designed to benefit the client.Assent The agreement of participation by a client who is unable to give legal consent for their own participation.Dana Do's: Tips for Exam Questions About Ethics There is a difference between ethical decision-making in practice, versus ethical decision-making on test question scenarios. Dana Do's: Cracking the Ethics Code on Consent vs. Assent The ethics code asks behavior analysts to obtain informed consent before starting a treatment plan. But…what does that entail? PTB founder Dana Meller breaks down informed consent, assent, and the ethics elements you need to know. Refer to Code Standard 2.11 Obtaining Informed ConsentLet's Break Down a BCBA® Mock Exam Question: Flex Your Ethics Muscles ➠ How Well Do You Know the Code? PTB founder Dana Meller explores the main sections of the Code, explaining the significance and ethical responsibilities of each.Ethically Speaking: Who Counts as a Third Party Under the BACB® Ethics Code? Third parties come up frequently in ABA ethics—and they’re often misunderstood. PTB scholar-in-residence and former director of ethics at the BACB, Tyra Sellers (J.D., Ph.D., BCBA-D) explains. Dana Do's: 7 Steps of Evidence-Based Supervision PTB founder Dana Meller clarifies the specific steps for evidence-based supervision, not to be confused with behavior skills training. Dana Do's: How to Know if Your Study Activities are Effective How do you know if your BCBA® study activities are effective? PTB founder Dana Meller shares some key analysis that may help BCBA® exam candidates assess efficacy.Dana Do's: Careful About Getting Creative With Mock Exams PTB co-founder cautions candidates about using the actual BCBA® exam as a mock exam, listing all the reasons why you might want to reconsider getting creative with your mock exam prep experience.Dana Do's: Warning. Be Careful of Extremes. PTB co-founder Dana Meller sends an important warning for test takers. Watch out for extremes in exam questions and answer options.Dana Do's: How to Use Mock Exams in Your Study Plan I was recently asked if mock exams are useful in predicting how someone will do on the actual big exam. And, is repeating the same mock exam an effective study…A Black Behaviorist & A White Behaviorist Walk into a (fill in the blank) Originally live streamed as a CEU for Ethics on Behavior Live (Task List Section E: Behave in accordance with the Ethics Code for Behavior Analysts) , "A Black Behaviorist and a White Behaviorist Walk into a (fill in the blank)“, is a discussion about race, intersectionality, and the importance of a partnership between black and white women. Dana Do's: What are the Markers of a Good Supervisor? PTB founder Dana Meller identifies the markers of being a good supervisor. MiniBig PTB MiniBig: Fast, Flexible, and Focused Exam Prep The PTB MiniBig enables BCBA® exam prep candidates to tailor their study needs by popping in on single sessions of the intensive PTB Big Exam Prep Workshop. Each 3.5-hour session, focused on specific sections of the Task List, includes a mock exam followed by real-time, live, interactive feedback and access to live session replays, without committing to the full workshop.Test Your ABA Ethics Terminology ➠ Multiple Relationships At all costs, avoid multiple relationships. Refer to BACB® | Ethics Code for Behavior Analysts | Section 1.11: Multiple RelationshipsTest your ABA Ethics ➠ Practicing Within Scope of Competence Test your ABA Ethics Knowledge with PTB co-founder Dana Meller reviewing the ethics behind practicing within one’s scope of competence. Refer to BCBA® Task List (5th ed.) Section E-1: Responsible conduct of behavior analysts BACB® Ethics Code for Behavior Analysts: Section 1.05: Practicing Within Scope of Competence
