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Clinical Informed Consent and ABA
Abraham Graber1, Allison Maguire2
1Division of Bioethics, Nisonger Center Affiliate Faculty, Department of Biomedical Education and Anatomy, Wexner College of Medicine, The Ohio State University, Columbus, OH USA.
This study reviews U.S. case law to enhance understanding of clinical informed consent for behavior analysts. It clarifies ethical and legal obligations in therapeutic contexts, offering a guide for practitioners.
Area of Science:
- Behavior Analysis
- Legal Studies
- Medical Ethics
Background:
- Clinical informed consent in the U.S. is shaped by over a century of legal precedent.
- Existing ethics resources for behavior analysts provide limited guidance on informed consent.
- A gap exists in contemporary literature regarding case law relevant to behavior analysis informed consent.
Purpose of the Study:
- To expand the literature on clinical informed consent in behavior analysis.
- To provide a historical and contemporary overview of relevant case law.
- To enhance understanding of ethical and legal obligations in therapeutic informed consent.
Main Methods:
- Historical review of U.S. case law pertaining to clinical informed consent.
- Analysis of seminal legal cases and their implications for behavior analysis.
- Synthesis of legal principles and ethical guidelines for informed consent.
Main Results:
- Identification of key legal milestones impacting informed consent.
- Discussion of the direct applicability of case law to behavior analysis practice.
- Clarification of the ethical and legal duties associated with informed consent.
Conclusions:
- Behavior analysts must be cognizant of historical and contemporary case law to ensure ethical practice.
- A comprehensive understanding of legal precedents strengthens the informed consent process.
- This review provides a foundation for fulfilling ethical and legal obligations in behavior analysis informed consent.
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