Professional, ethical standards help educators, researchers, and practitioners anticipate and identify ethical dilemmas, make choices that maintain professional integrity, and protect our clients and profession (Striefel, 2003).
BCIA has accredited this post for three ethics continuing education hours for recertification. You can earn ethics credit in three easy steps: (1) purchase our $50 PSEP certificate of completion, (2) read this post, and (3) score at least 70% on a single exam on ClassMarker. When you pass the exam, ClassMarker will issue a downloadable certificate.
Donald Moss, PhD, contributed extensively to chapter content from his AAPB webinar, Professional Ethics and Practice Standards in Biofeedback and Neurofeedback.
AAPB Book Recommendation
The text is partly adapted from Moss and Shaffer's (2022) A Primer of Biofeedback, which you
can purchase from AAPB in its member or non-member stores. The authors have donated their royalties to AAPB.
Click on our narrator icon to listen to this post.
The Purpose of Ethics
Ethical standards are intended to protect the public, biofeedback, the professions that deliver biofeedback services, and the providers themselves.
Ethical Standards and the Reputation of the Profession of Biofeedback
Biofeedback providers recognize that their effectiveness and success as professionals, and the credibility of the biofeedback field, depend on their professional conduct.
Each time a biofeedback or behavioral health professional is charged with serious violations of ethical behavior, the field is also tarnished, and potential patients and their family members lose their readiness to trust in professional care (Moss, 2020).
Ethical codes express our stakeholders' core values. Listen to a mini-lecture on Core Values © BioSource Software LLC. Graphic © New Africa/Shutterstock.com.
Professional Ethics Reflect Personal Integrity
Ethical practices are in the first place aspirational; they reflect the kind of professional one aspires to become. Responsible behavior in professional life should express personal, social, and religious values. Compassion and empathy for one’s fellow humans, who come for help with suffering, draws individuals to professional practice. Professionals with diminished empathy due to "burnout" and "compassion fatigue" are at greater risk for ethical transgressions.
Burnout is a widespread problem in the helping professions. Compassion fatigue is one product of using up or depleting our capacities for caring. Maintaining healthy self-care practices is critical in avoiding compassion fatigue. Difficulties in establishing rapport and mutual empathy in treatment relationships are also a challenge for professionals. When patients do not feel strong rapport and trust in their provider, they are more likely to file complaints (Moss, 2020).
Beneficence in Biofeedback Practice
"Providers strive to protect their clients’ welfare by appreciating their impact on the clients’ lives, and by recognizing and avoiding the potential for conflicts of interest" (Moss, 2020).
The ethical responsibilities of biofeedback providers and their staff are collectively defined by the licensing act under which they (or their supervisors) operate, their profession, and the BCIA’s Professional Standards and Ethical Principles of Biofeedback (9th rev.). The BCIA's PSEP represents the minimum ethical standards expected of its applicants and certificants. Physicians who provide biofeedback must also follow medical ethical guidelines. Psychologists must adhere to the Ethical Standards of the APA (Moss, 2013).
Providers deliver biofeedback services within a context of legal statutes, cultural norms, professional standards, and ethical codes that may vary across nations, cultures, and communities. These expectancies may conflict with each other. For example, the American Psychological Association (APA) proscription against dual relationships with clients would prevent a Psychologist from following a community expectation that "healers" visit the client's family and share their religious rituals (Moss & Shaffer, 2016).
Since ethical guidelines can never anticipate all of the contingencies that providers may encounter, they should always consult with their licensing body, professional association, and colleagues as they reach a choice point and are uncertain about future conduct. Unfortunately, the most severe ethical infractions, like sexual relationships with clients, often involve intentional violations of black-and-white rules.
When a licensing body or a court substantiates a charge of ethical misconduct, BCIA may take disciplinary action against a certificant. BCIA does not have the legal authority to compel testimony or the submission of documents. For this reason, it must often wait for a licensing body or court to investigate and reach a decision. When a licensing body or a court substantiates a charge of ethical misconduct, BCIA may take disciplinary action against a certificant. Applicants who have lost or surrendered their license may not be certified until their license is restored. BCIA has no enforcement role when an individual charged with an ethical violation is neither a certificant nor an applicant.
Diversity and Cultural Awareness
Since professionals provide biofeedback services across diverse communities, cultures, nations, and geographic regions, they must respect the norms of the cultures they serve and recognize the diversity in legal codes, professional standards, and ethical principles.
Dr. Moss discusses Diversity and Cultural Awareness © Association for Applied Psychophysiology and Biofeedback.
They may have to resolve conflicts between the ethical standards of their professional society and community norms. For example, while the American Psychological Association proscribes "dual relationships," like friendship with a client, community norms may require family visits and participation in religious rituals intended to heal the client (Moss, 2013). Graphic © Rawpixel.com/Shutterstock.com.
Responsibility
One of the most severe challenges to biofeedback is its credibility. A field is judged by the competence and actions of each provider. They should acquire entry-level competence in biofeedback and then progressively expand their expertise through activities like continuing education. They must adhere to the ethical principles that govern their professional practice and accept personal responsibility for the consequences of their actions. Graphic © Boris15a/Shutterstock.com.
Dr. Moss discusses responsibility © Association for Applied Psychophysiology and Biofeedback.
As practitioners, they should provide cost-effective services consistent with the highest professional standards. They should educate their clients, referring health professionals, and third-party payers about the rationale for assessment and training procedures, the strength of empirical support for treatment, and its risks, costs, and benefits. They should always explain when treatment is experimental since this is crucial to informed consent and is a frequent source of ethical complaints in biofeedback. Ideally, they should obtain written informed consent for their proposed treatment. They never recommend experimental treatments when an untried well-supported treatment is already available. Providers should only suggest less-documented interventions after informing clients of the available treatment options and the empirical support for each. Then, they should obtain written informed consent for the experimental procedure (Moss, 2013).
They strive to protect their clients’ welfare by appreciating their impact on their clients’ lives and recognizing and avoiding potential conflicts of interest. They candidly communicate with their clients about their progress and modify or discontinue training if clients fail to make progress. When their clients require services outside their expertise, they refer them to qualified professionals and never abandon them. Graphic © Rido/Shutterstock.com.
When clients do not improve and require an intervention that a clinician is not qualified to provide, options include referral to a qualified provider or consultation with or supervision by a qualified professional.
As educators, they help advance knowledge through research and encourage students to value knowledge, think critically and from an interdisciplinary perspective, be reflective thinkers, appreciate the strengths and limitations of competing perspectives, and objectively investigate the questions that concern them. Educators recognize their potential impact on their students, strive to provide accurate, complete, and objective information, and encourage free inquiry. Where there are scientific controversies, educators help students understand opposing positions and encourage them to evaluate each side’s scientific support.
Competence
Applicants first gain entry-level competence in biofeedback through didactic education, mentoring, and practice. Dr. Moss explains competence © Association for Applied Psychophysiology and Biofeedback.
Entry-Level Competence
New biofeedback practitioners should acquire entry-level competence in biofeedback and expand their expertise through activities like continuing education. BCIA certification ensures that the provider has completed training and mastered the skills and knowledge for entry-level competence and that the certificant also receives continuing education for Recertification (Moss, 2020)
Competence
Knowing a biofeedback technique is not sufficient when beginning to treat a new patient group. A professional who wishes to treat dissociative disorders, seizure disorders, or major mood disorders must also gain knowledge and experience, through appropriate education and supervision, of the condition and its management. Even expert application of biofeedback therapies for delicate conditions may trigger an emotional or medical crisis, and the therapist must know how to manage such events (Moss, 2020).
Maintaining Competence
Certificants progressively expand their expertise through continuing education, including teleseminars, massive open online courses (MOOCs), workshops, conference presentations, classes, reading journal articles and texts, mentoring, and their scholarship (Striefel, 2004). Providers consult experienced practitioners and obtain clinical supervision when expanding their practice into new applications, equipment, software, and protocols (Moss, 2013). This ensures they practice within the scope of their expertise (Moss & Shaffer, 2016). Graphic © Eti Ammos/Shutterstock.com.
Competent providers critically evaluate biofeedback outcome studies, guide their practice using peer-reviewed findings, and strive to use the best practices in the field. They maintain a current understanding of the efficacy of biofeedback interventions and recognize where it is indicated and contraindicated (Moss, 2013).
AAPB's Evidence-Based Practice in Biofeedback and Neurofeedback provides an authoritative evaluation of the efficacy of biofeedback applications. Listen to a mini-lecture on Evidence-Based Practice © BioSource Software LLC.
Evidence-Based Practice in Biofeedback and Neurofeedback (4th ed.) rates the application of biofeedback for 37 general medical and mental health disorders and many subcategories, such as adult vs. pediatric headache and the various types of anxiety disorders.
Professionals comply with applicable laws and the ethical standards of their profession and certifying organization. Providers require a government license or credential to independently treat a medical or psychological disorder. Those without a license or credential must obtain appropriate supervision to treat these disorders. "Supervision" is legally defined by states within their practice acts. A supervisor oversees the unlicensed individual's delivery of services and assumes legal responsibility for provided care. Supervision should not be confused with consultation, where the licensed individual has no legal responsibility for the unlicensed provider's actions.
They accurately disclose their regionally-accredited degrees, training, specialty areas, experience, and their license or credential and certification status. Ethical providers recognize that participation in a membership organization does not imply competence and that certification is not a license for independent practice.
BCIA professionals who treat medical or psychological conditions must demonstrate professional competence as defined by applicable local, state, and national licensing/credentialing laws. BCIA certification becomes invalid when a license is suspended, revoked, or not renewed due to an investigation of a complaint, and the individual is not allowed to provide services under supervision. A professional may only apply for recertification after the license has been reinstated.
It is illegal to treat medical or psychological conditions without appropriate supervision if you are not licensed or credentialed to do so. BCIA certification becomes invalid when a certificant loses and cannot replace appropriate supervision. An individual may only apply for recertification after documenting that appropriate supervision has been reestablished. (BCIA, 2016).
Scope of Practice and Competence
Listen to Dr. Donald Moss explain the scope of practice and competence © Association for Applied Psychophysiology and Biofeedback.
Scope of Practice
The scope of practice is defined by state and provincial licensure laws and the practice standards established by professional associations. Scope of practice defines which forms of assessment and treatment a clinical professional may deliver. Biofeedback is typically within the scope of practice for psychologists, social workers, physical and occupational therapists, counselors, nurses, dentists, and physicians.
The scope of practice varies in some specifics from state to state and from one health discipline to another. Diagnosing a mental health disorder is within the scope of practice of psychologists, but diagnosing a medical disorder is typically not. Most licensed health and mental health professionals are permitted to provide treatment, including biofeedback, for patients with diagnosed medical and mental health disorders.
BCIA certifies technicians who must practice under a licensed and certified professional. Technicians may only treat diagnosed disorders under supervision. The technician’s scope of practice is defined by the supervisor’s license and scope of practice. Thus, a technician supervised by a dentist may provide biofeedback treatment for dental phobias but not for chronic back pain or panic disorder.
Scope of practice is often the “elephant in the room.” Until they face complaints, licensed practitioners rarely read the statutes that regulate their scope of practice and professional responsibilities (Hopkins, 2013). Unlicensed certificants may not understand how the scope of practice applies to their activities and may be unaware of any limitations in their supervisor's scope of practice. Graphic © Aleksandr_Kuzmin/Shutterstock.com.
Health and wellness coaches and sports trainers may utilize biofeedback training in their practice but typically cannot treat or advertise the treatment of diagnosed medical or mental health disorders. For example, coaches may provide relaxation training, stress management, or optimal performance training, even to patients with diagnosed disorders. Still, they cannot specifically treat a generalized anxiety disorder or major depression. Nor should they advertise treatment for diagnosed disorders.
Individual states vary greatly in how the scope of practice is defined and limited. In some states, for example, a psychologist may not provide any advice on dietary change or the use of nutritional supplements. Biofeedback practitioners are advised to read the licensing acts for their home professions in the states where they practice and to consult with the relevant licensing boards with any questions.
In some states, to give another example, a professional who is a licensed mental health professional and also a certified nutritional specialist may combine counseling, biofeedback, and nutritional advising in a single session; in others, the counseling or biofeedback practice must be delivered in a discrete and separate session from any nutritional services.
Mentoring Versus Supervision
BCIA requires mentoring as an educational process for individuals seeking BCIA certification. BCIA requires clinical supervision for individuals certified as technicians and for BCIA-certified practitioners who wish to treat diagnosed disorders yet are not licensed in healthcare. Peer consultation with colleagues and with area experts is recommended as a lifelong strategy to assure the quality of care and protect against potential patient complaints. BCIA publishes mentoring handbooks, which include Essential Skills Lists for Biofeedback, HRV Biofeedback, and Neurofeedback mentors (BCIA, 2021, 2022, 2023). Graphic © fizkes/Shutterstock.com.
BCIA requires legal clinical supervision for individuals certified as technicians. Peer consultation with colleagues and consultation with area experts are recommended as lifelong strategies to assure the quality of care and to protect against potential patient complaints (Moss, 2020).
Dr. Moss explains the difference between mentoring and supervision © Association for Applied Psychophysiology and Biofeedback.
Mentoring Defined
Mentoring is the "process of transmitting knowledge and skills from the trained to the untrained or the experienced to the inexperienced practitioner. Mentoring involves a relationship between a mentor and candidate that promotes the development of skill, knowledge, responsibility, and ethical standards in the practice of biofeedback" (BCIA, 2022, p. 3).
Typically, the mentor does not assume legal responsibility for the patients receiving treatment or training from the mentee. A mentor focuses on the planning and delivery of biofeedback services, not on the entirety of the client's care. The mentor may be blinded to the patient's name/identity since the focus is on the treatment process.
Selecting a Mentor
Who is an appropriate mentor for an individual preparing for certification?
First, the mentor must be Board Certified in Biofeedback (BCB). Occasionally, because of location or other special circumstances, a candidate cannot be mentored by a professional who is Board certified. If there is a professional available who, by exceptional merit and experience, would be able to provide appropriate mentoring, a special review of his/her credentials is requested before starting training.
Second, the mentor must have at least 2 years of experience in the practice of biofeedback and with a similar client base as the candidate. For example, a dental practitioner cannot mentor an applicant specializing in the pelvic floor or post-traumatic stress disorder (PTSD). A psychologist or psychiatrist whose scope of practice allows them to treat the disorder in question would be suitable. Biofeedback must also be a significant portion of the person's professional work.
Third, remember the concept of avoiding potentially destructive dual relationships (Nagy, 2005). A practitioner's mother, brother, spouse, lover, or child will lack the objectivity to provide mentoring.
Supervision Defined
Supervision is the provision of ongoing guidance for clinical practice for qualified health professionals by a more experienced health professional (Scaife, 2019).
BCIA defines supervision as "the legal oversight and responsibility for the work of an unlicensed person" (BCIA, 2022, p. 3). In supervision, the supervisor assumes legal responsibility (and liability) for the quality of care and the patient's well-being in the treatment process. A supervisor is responsible for reviewing and assuring the quality of care for the supervisee's caseload, client assessment, treatment planning, and treatment delivery. For this reason, the supervisory schedule must include adequate time for a regular review of all new cases and continuing cases. In addition, patients should be informed of the supervisory process.
In clinical biofeedback practice, two typical situations call for supervision:
First, a technician is an individual who lacks a health care license and applied for technician status with BCIA. The technician is then certified to practice biofeedback under supervision.
The application for technician status includes documenting a supervisor for ongoing clinical practice. When supervisors terminate a supervisory relationship, the technician is required to provide documentation for BCIA of a new supervisory relationship. BCIA may suspend a technician's certification until the individual documents a new supervisor.
Second, individuals with full certification in biofeedback but no healthcare license must utilize supervision if they wish to treat diagnosed healthcare or mental health problems. Such practitioners are also responsible for informing BCIA of any loss of a supervisor or change in supervisors. Treatment of diagnosed disorders should not continue until a new supervisory relationship is established.
Unlicensed practitioners can apply biofeedback for stress management, relaxation training, and optimal performance work without supervision. An unlicensed practitioner may provide stress management or relaxation training for an individual with a diagnosed disorder, such as generalized anxiety disorder, but may not treat the disorder itself. Similarly, an unlicensed practitioner may not advertise the treatment of diagnosed disorders unless a licensed practitioner supervises the treatment.
Since supervisors assume legal responsibility for client care, they must be physically present at the site where a technician or non-licensed practitioner works. BCIA rejects applications from technicians whose supervisors are not licensed, not legally allowed to supervise biofeedback services, or who can only oversee the delivery of services at a distance.
Supervisory sessions should be documented in a supervision log and the patient's chart. The supervision notes provide evidence of conscientious practice by the supervisee and may provide a defense of practice decisions in case of a complaint or lawsuit.
Selecting a Supervisor
Who is an appropriate supervisor for a technician or an unlicensed biofeedback practitioner?
First, the supervisor should be a licensed practitioner with the scope of practice and the competence to treat the patient populations that the technician/unlicensed practitioner is treating. Thus, a dentist cannot supervise a biofeedback practitioner treating anxiety disorders (except dental phobias) or PTSD.
Second, a supervisor should be a practitioner who understands biofeedback sufficiently to guide the treatment. A psychiatrist with no knowledge of biofeedback cannot adequately supervise biofeedback treatment, even in their specialty areas.
Third, the concept of avoiding dual relationships applies to clinical supervision. Practitioners should not use an individual with another significant relationship as their legal supervisor. For example, a practitioner should not receive personal therapy and supervision from the same individual (Nagy, 2005).
Consultation Defined
Consultation is a regular process in professional life. Typically, consultations are short-term and focus on a specific patient or clinical issue. A consultant does not oversee the patient's care or the entire caseload. Nevertheless, a consultant may assume some liability for their advice. The consultant provides expert guidance, may confirm current treatment directions, or may suggest a modification in the treatment plan.
Practitioners are well-advised to seek out a consultant whenever (a) they enter a new area of clinical practice, (b) encounter a concerning situation in practice, or (c) sense potential liability in new decisions on current treatment. Consultants do not assume responsibility for the practitioner's entire caseload or even for a case under consultation but guide from their professional perspective. A consultant may be an expert consultant, a recognized authority on a type of biofeedback treatment or a specific disorder, or an attorney with expertise relevant to the situation. A consultant may also be a peer, someone at the practitioner's own level of training, who provides perspective on a current problem.
When commencing the treatment of a new, unfamiliar clinical disorder, it is advisable to seek out a specialist for a brief clinical consultation or ongoing supervision. A biofeedback practitioner who decides to add pelvic floor biofeedback to their practice should seek a consultant who is an expert in the clinical practice of pelvic floor biofeedback.
When the practitioner observes a poor treatment response or a patient reports significant adverse effects, and the practitioner is uncertain about the source of the problem, consultation with a more experienced practitioner is advised.
Consultation with an expert or a peer at the same training level is advised whenever a practitioner recognizes that a treatment situation contains potential liability. Areas of potential liability might involve: (a) providing extensive, expensive treatment with no benefit, (b) release of confidential information without a patient's authorization, or (c) reporting a potential threat of violence by a patient or a threat of self-harm.
When a practitioner receives a subpoena for a release of information or testimony, and the patient refuses to sign a release, legal consultation is in order. Providing treatment for children when a divorce is pending is also a potential area of liability, especially when only one parent signs the consent to treatment, and a legal consultation may be beneficial.
The patient's chart should document all consultations on a specific case. Documentation that the practitioner has discussed the problem with an expert or another licensed practitioner and considered that individual's perspective would be beneficial if a complaint is filed.
Selecting a Consultant
Who is an appropriate consultant for a biofeedback practitioner?
First, if a question arises about poor response to treatment or adverse treatment effects, a recognized specialist with documented years of biofeedback treatment in the specialty and documented teaching or research in the area of the patient's problem is appropriate. For example, suppose a patient with post-traumatic stress disorder responds poorly to biofeedback or neurofeedback treatment. In that case, the best consultant will be a recognized specialist in trauma care with additional expertise in biofeedback treatment for individuals with PTSD.
Second, if the problem involves legal issues such as consent to treatment or release of information, an attorney with a behavioral health practice will be appropriate.
Third, many questions that arise in clinical practice, such as the choices of modalities or protocols for a patient's biofeedback treatment, alternative interpretations of a psychological test, or decisions for a treatment approach based on a QEEG or a physiological baseline, a peer consultation with another licensed biofeedback practitioner with a similar level of training and experience may be beneficial.
Ethical Standards
Biofeedback providers recognize their effectiveness, and the field's credibility depends on their professional conduct. They only bill for the services they or supervised staff provide. When billing third-party payers, they conscientiously follow the payers’ rules and regulations. This includes conservatively using billing codes, obtaining written agreements in advance to use specific codes, differentiating the services they provide from those provided by their supervisees, and accurately describing staff credentials.
Providers have fiduciary responsibility. Listen to a mini-lecture on Fiduciary Responsibility © BioSource Software LLC. Graphic © WIN12_ET/Shutterstock.com.
They understand that the appearance of a conflict of interest can be as damaging to their reputation as an actual conflict. Whenever possible, they proactively identify potential conflicts and avoid them. For example, workshop presenters should refrain from promoting their products. When a conflict of interest cannot be avoided, they quickly resolve it. For example, providers who serve on boards often recuse themselves from decisions that involve their financial interests.
Client education should include detailed information about assessment and treatment procedures, billing and fee collection, protection of confidentiality, and the limits of confidentiality. Providers should provide clients with a copy of these policies to read as they are carefully explained and only accept written consent when clients indicate they understand them. Informed consent is essential for experimental treatment procedures, which may have a higher risk of failure and client dissatisfaction.
Public Statements
Providers understand that all public statements, ranging from educational talks to the description of services on their website, should be accurate, comprehensive, and conservative to facilitate informed consumer choices. They confine statements about biofeedback to scientifically supported information and communicate the limitations, uncertainties, and strengths of these findings. "Discussion of treatment options in marketing materials and professional publications should be evidence-based and current" (Moss, 2020). Graphic © Redaktion93/Shutterstock.com.
Dr. Moss discusses public statements © Association for Applied Psychophysiology and Biofeedback.
Professional Credentials and Transparency in Marketing and Promotion
Biofeedback providers must accurately disclose their degrees, training, specialty areas, experience, and the status of license or credential and certification. Advertisements for clinical practice should include only treatment or practice-relevant and regionally accredited academic degrees. Example: A PhD in French literature or mathematics should not be included on a business card or in an advertisement. It would mislead the potential client to assume the provider has doctoral-level clinical education. Example: Current controversy over nurses with PhD or DPN advertising their practices under the title, “Dr. Frances Schmidt.” Unless the practitioner uses a further heading to clarify, this seems to mislead the patient to believe Dr. Schmidt is an MD. The appropriate title would be Dr. Frances Schmidt, Clinical Nurse Specialist. Participation in a membership organization such as AAPB or ISNR does not imply competence. Advertisement of one’s professional association membership misleads the health consumer to assume that membership assures training and competence. Advertising BCIA and other forms of certification are legitimate ways to show competence (Moss, 2020).
Dr. Moss discusses marketing © Association for Applied Psychophysiology and Biofeedback.
Since professional standards are the foundation of clinical practice, BCIA Board voted to apply the American Psychological Association’s standard on listing professional credentials to its Board Certified Practitioner and Mentor Directory. Certificants may only list the degrees earned in a BCIA-approved healthcare field from regionally-accredited academic institutions (Crawford & Shaffer, 2014).
They carefully explain the efficacy of biofeedback procedures and the costs, benefits, and limitations of commercial services and products. They cautiously endorse the services and products of others, disclose potential conflicts of interest, and ensure that their statements are not misused.
Their professional communications, including business cards, directory listings, letterheads, marketing brochures, and websites, are accurate and consistent with the standards of their professional associations. They seek guidance from colleagues, BCIA, and their professional associations whenever they are uncertain about ethical issues or their objectivity.
Copyright
BCIA professionals uphold the highest standards of ethical conduct in all facets of their practice, including the respectful use and dissemination of copyrighted materials. This commitment is rooted in the recognition that copyright laws are designed to protect the intellectual property rights of creators, thereby encouraging the continued creation and distribution of valuable resources. Graphic © lurii Motov/Shutterstock.com.
The following guidelines aim to clarify the principles of fair use and delineate the boundaries of copyright infringement, especially when presenting public talks, webinars, and distributing handouts.
Understanding Copyright and Fair Use: BCIA professionals acknowledge that copyrighted materials, such as graphics, videos, and texts, are the legal property of their creators. Using such materials in presentations, webinars, or handouts without proper authorization or acknowledgment can infringe on copyright holders' rights. Fair use is a legal doctrine that permits limited use of copyrighted material without requiring permission from the copyright holders, primarily for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. BCIA professionals must educate themselves on the nuances of fair use to navigate the complexities of copyright law effectively.
Allowed Uses in Public Talks and Webinars: When presenting public talks or conducting webinars, BCIA professionals may incorporate copyrighted materials under the principles of fair use, provided that the use is for educational, non-commercial purposes, contributes to the creation of new knowledge or insight, and does not substitute for the original work. Short excerpts of text, small, low-resolution images, or brief video clips are more likely to be considered fair use. However, professionals should always provide proper attribution to the original source.
Proscribed Uses and Avoiding Infringement: BCIA professionals must avoid using copyrighted materials in a manner that could be construed as an infringement. This includes the use of copyrighted materials in their entirety, such as full-length videos, unaltered graphics, or entire book chapters, especially when such use could compete with the market for original works. When planning to use copyrighted materials extensively, BCIA professionals should seek permission from the copyright holder.
Use in Webinars with and without Handouts: The same principles of fair use apply to webinars, whether handouts are provided or not. When distributing handouts, either electronically or in print, that include copyrighted materials, BCIA professionals must ensure that the inclusion of such materials falls within the guidelines of fair use and that the materials are essential for educational purposes. If distributing copyrighted material is necessary, obtaining permission from the copyright holder is advised to avoid infringement.
Promoting Ethical Standards and Professional Integrity: BCIA professionals commit to promoting the highest ethical and professional behavior standards. This includes respecting the intellectual property rights of others by adhering to copyright laws and fair use doctrine. In uncertainty regarding using copyrighted materials, professionals are encouraged to consult with copyright experts, legal advisors, or professional associations to ensure compliance with copyright laws.
By adhering to these guidelines, BCIA professionals demonstrate their respect for the intellectual property rights of others, contribute to the ethical dissemination of knowledge, and maintain the integrity of their professional practice.
Strategies for Avoiding Copyright Infringement
An Increasingly Perilous Legal Environment
When you violate copyright, you jeopardize yourself and your organization. “I didn’t know I couldn’t use this legally” is not a defense.
Bounties for copyright violations are an increasingly important income stream for law firms. They contract with copyright holders to enforce their copyrights when WebCrawler software identifies graphics on password-protected servers. Invasive software may flag PowerPoints, PDFs, videos featuring graphics, and Word documents. The law firm will threaten an organization or individual on whose server the copyrighted content was found with trial (legal fees and a maximum fine of $150,000 per violation) or settlement for $750 or more per graphic. The doctrine of “fair use” does not protect presenters who include articles, book chapters, high-resolution graphics, or videos in their training materials, webinars, and/or handouts. It does not matter whether the presentation is free or commercial. Universities are not exempt.
How to Avoid Copyright Infringement
To avoid copyright infringement in live talks and webinars that incorporate copyrighted graphics and video, webinar presenters should follow these practical steps:
Educate Yourself on Copyright and Fair Use: Gain a thorough understanding of what copyright law covers, the principles of fair use, and how they apply to educational and non-commercial presentations.
Use Licensed or Free-to-Use Materials: Whenever possible, use materials that are licensed for use in your context or are in the public domain. You may purchase the right to use graphics and videos from sites like Shutterstock.com. Resources like Creative Commons (e.g., Wikimedia) and various open-source platforms offer a wide range of graphics and videos that can be used legally without infringing on copyright.
Red-Flag Sources: Graphics from journal articles and textbooks, or high-resolution graphics sold by commercial sellers require your immediate attention. If you can’t obtain legal permissions, remove them.
Obtain Permission When Necessary: If you plan to use copyrighted materials beyond the scope of fair use, reach out to the copyright holder to obtain explicit permission. Keep a record of this permission in case of future disputes.
Provide Proper Attribution: Even when using materials under fair use, public domain, or with permission, always provide appropriate attribution to the original creator. This not only respects the creator's rights but also enhances the professionalism of your presentation.
Use Materials for Educational Purposes: Ensure that the use of copyrighted materials clearly serves an educational purpose, adds value to your presentation, and does not compete commercially with the original works.
Limit the Quantity of Use: Use only the amount of the copyrighted material that is necessary for the educational purpose. Short clips, small excerpts, or low-resolution images are more likely to be considered fair use.
Create Original Works: Whenever feasible, create your own graphics, videos, or slides. This not only avoids copyright issues but also tailors the materials specifically to your presentation's needs. Applications like DALL-E allow you to use AI to create original graphics. You may hire artists on services like Fiverr to create affordable graphics.
Review and Modify Prepared Content: Before your presentation, review all materials to ensure they comply with copyright laws. You can use applications like Google Lens to identify their source. If unsure about the copyright status of any material, replace it.
Stay Informed of Copyright Changes: Copyright laws and interpretations of fair use can evolve. Stay informed about any changes in copyright legislation or case law that might affect how you can use materials in your presentations.
Confidentiality
While professionals strive to protect the confidentiality of client, student, and research participant information, confidentiality is never absolute. For this reason, they explain their procedures for safeguarding the confidentiality of data and the legal limits of confidentiality during orientation when they obtain informed consent. While they generally may only release information with the individual or her representative's written consent, exceptions include fee collection, compliance with mandated reporting laws that deal with abuse or neglect, and protecting the client or others from harm.
Dr. Moss explains confidentiality © Association for Applied Psychophysiology and Biofeedback.
Providers should consider consulting with their legal counsel if they receive a subpoena since this does not automatically shield them from their responsibility to maintain confidentiality (Moss, 2013).
Providers use secure procedures to store and destroy records and preserve records for the time required by applicable laws. Graphic © Hafiez Razali/Shutterstock.com.
They must take many precautions to protect digitized client files. These include encrypting files, storing them on portable media and locking them up when they are not in use, locking computers when they are unattended, using a complex password or biometric security systems to prevent unauthorized access, and preventing unauthorized individuals from viewing displays of the client's confidential information (Striefel, 2004, p. 58).
When electronically transmitting confidential client information, encryption and assigning the client a number instead of using the client's name or national identification number protects confidentiality and reduces the risk of identity theft. The provider should include a cover page warning the recipient that the transmitted information is confidential and must be protected, destroyed, or returned. The sender should notify the sender if mistakenly received. The provider should request confirmation that the client's information was received and provide automatic acknowledgment after receiving e-mail or fax messages (Striefel, 2004, pp. 71-72).
Protection of Client Rights and Welfare
Providers protect the welfare of the individuals they serve. Respect for clients requires that providers listen carefully to their clients to understand their goals and concerns. Successful collaboration and training are only possible when your clients believe you are focused on their priorities. Graphic © ANDREI ASKIRKA/Shutterstock.com.