2. Ethical & Legal Issues Flashcards
Who should the CNA discuss pt info with?
Only discuss pt info w/ specific members of the care team
What should you do if you make a mistake?
report it promptly to the nurse
What idea does the CNA code of ethics revolve around?
the idea that a resident, patient, or client is a valuable person who deserves ethical care
What is the purpose of OBRA? [STAR]
to set minimum standards of care for residents and to standardize the training of CNAs
Name 6 functions of OBRA
- NATCEP which sets minimum requirements for CNAs [STAR]
- CNA competency evaluation and continued education
- state registry of CNAs
- guidelines for staff requirements and specific services that LTC facilities must provide
- requires complete assessment of every resident
- identifies Resident’s Rights
What are Resident’s Rights?
ethical code of conduct for healthcare workers that specify how residents must be treated
Name some of the Resident’s Rights (12 total) [STAR]
- quality of life
- services and activities to maintain a high level of wellness
- right to be fully informed about rights and services
- right to participate in their own care
- right to make independent choices
- right to privacy and confidentiality
- right to dignity, respect, and freedom
- right to security of possessions
- rights during transfers and discharges
- right to complain
- right to visits
- rights w/ regard to social services
What is a Resident’s Council?
a group of residents who meet regularly to discuss issues related to the LTC facility
What is misappropriation?
taking someone else’s belongings and using them illegally for one’s own gain or other unauthorized purposes
Name 3 reasons residents can be moved from the facility
- safety reasons (their safety or others)
- their health improves
- payment of care has not been received for a determined period of time
any tx, intentional or unintentional that causes harm or injury to a person’s body
physical abuse
emotional harm caused by threatening, frightening, isolating, intimidating, humiliating, or insulting a person
psychological abuse
use of language that threatens, embarrasses, or insults a person
verbal abuse
forcing of unwanted sexual acts or behavior on a person
sexual abuse
improper or illegal use of a person’s money, possessions, property, or other assets
financial abuse
a threat to harm a person, resulting in the person feeling fearful that he or she will be harmed
assault
the intentional touching of a person without his or her consent
battery
physical, sexual, or emotional abuse by spouses, intimate partners, or family members
domestic violence
verbal, physical, or sexual abuse of staff by other staff members, residents, or visitors
workplace violence
unlawful restraint that affects a person’s freedom of movement; includes both the threat of being physically restrained and actually being physically restrained
false imprisonment
separation of a person from others against the person’s will
involuntary seclusion
any unwelcome sexual advance or behavior that creates an intimidating, hostile, or offensive working environment
sexual harassment
repeated use of legal or illegal drugs, cigarettes, or alcohol in a way that is harmful to oneself or others
substance abuse
any statement that is not true or injures a person’s reputation
defamation
Lible vs Slander
- libel: defamation in written form
- slander: defamation in oral form
purposeful failure to provide needed care, resulting in physical, mental, or emotional harm to a person [STAR]
active neglect
unintentional failure to provide needed care, resulting in physical, mental, or emotional harm to a person [STAR]
passive neglect
actions, or the failure to act or provide proper care for a person, resulting in unintended injury [STAR]
negligence
professional misconduct that results in damage or injury to a person
malpractice
T/F - CNAs are considered mandated reporters of suspected or observed abuse or neglect [STAR]
True
What is an ombudsman? [STAR]
a legal advocate for residents that will visit the facility, listen to residents problems, and decide what course of action to take to resolve the problem
What is protected health information (PHI)? [STAR]
information that can be used to identify a person and relates to the pt’s past, present, or future physical or mental condition; any health care that the person has had or payment for that health care
What are the penalties for HIPAA violations?
possible fine and/or prison sentence
violating a person’s right to be left alone or exposing information about that person w/o his or her consent
invasion of privacy
legal document that allows people to decide what kind of medical care they wish to have in the event they are unable to make those decisions themselves [STAR]
advance directive
List 4 types of advance directives
- living will
- durable power of attorney (POA)
- do-not-resuscitate (DNR)
- organ donation form
T/F - A “will” and a “living will” are the same thing
False
