2. Ethical & Legal Issues

Question 1

Who should the CNA discuss pt info with?

Answer 1

Only discuss pt info w/ specific members of the care team

Question 2

What should you do if you make a mistake?

Answer 2

report it promptly to the nurse

Question 3

What idea does the CNA code of ethics revolve around?

Answer 3

the idea that a resident, patient, or client is a valuable person who deserves ethical care

Question 4

What is the purpose of OBRA? [STAR]

Answer 4

to set minimum standards of care for residents and to standardize the training of CNAs

Question 5

Name 6 functions of OBRA

Answer 5

• 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

Question 6

What are Resident’s Rights?

Answer 6

ethical code of conduct for healthcare workers that specify how residents must be treated

Question 7

Name some of the Resident’s Rights (12 total) [STAR]

Answer 7

• 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

Question 8

What is a Resident’s Council?

Answer 8

a group of residents who meet regularly to discuss issues related to the LTC facility

Question 9

What is misappropriation?

Answer 9

taking someone else’s belongings and using them illegally for one’s own gain or other unauthorized purposes

Question 10

Name 3 reasons residents can be moved from the facility

Answer 10

• safety reasons (their safety or others)
• their health improves
• payment of care has not been received for a determined period of time

Question 11

any tx, intentional or unintentional that causes harm or injury to a person’s body

Answer 11

physical abuse

Question 12

emotional harm caused by threatening, frightening, isolating, intimidating, humiliating, or insulting a person

Answer 12

psychological abuse

Question 13

use of language that threatens, embarrasses, or insults a person

Answer 13

verbal abuse

Question 14

forcing of unwanted sexual acts or behavior on a person

Answer 14

sexual abuse

Question 15

improper or illegal use of a person’s money, possessions, property, or other assets

Answer 15

financial abuse

Question 16

a threat to harm a person, resulting in the person feeling fearful that he or she will be harmed

Answer 16

assault

Question 17

the intentional touching of a person without his or her consent

Answer 17

battery

Question 18

physical, sexual, or emotional abuse by spouses, intimate partners, or family members

Answer 18

domestic violence

Question 19

verbal, physical, or sexual abuse of staff by other staff members, residents, or visitors

Answer 19

workplace violence

Question 20

unlawful restraint that affects a person’s freedom of movement; includes both the threat of being physically restrained and actually being physically restrained

Answer 20

false imprisonment

Question 21

separation of a person from others against the person’s will

Answer 21

involuntary seclusion

Question 22

any unwelcome sexual advance or behavior that creates an intimidating, hostile, or offensive working environment

Answer 22

sexual harassment

Question 23

repeated use of legal or illegal drugs, cigarettes, or alcohol in a way that is harmful to oneself or others

Answer 23

substance abuse

Question 24

any statement that is not true or injures a person’s reputation

Answer 24

defamation

Question 25

Lible vs Slander

Answer 25

• libel: defamation in written form

- slander: defamation in oral form

Question 26

purposeful failure to provide needed care, resulting in physical, mental, or emotional harm to a person [STAR]

Answer 26

active neglect

Question 27

unintentional failure to provide needed care, resulting in physical, mental, or emotional harm to a person [STAR]

Answer 27

passive neglect

Question 28

actions, or the failure to act or provide proper care for a person, resulting in unintended injury [STAR]

Answer 28

negligence

Question 29

professional misconduct that results in damage or injury to a person

Answer 29

malpractice

Question 30

T/F - CNAs are considered mandated reporters of suspected or observed abuse or neglect [STAR]

Answer 30

True

Question 31

What is an ombudsman? [STAR]

Answer 31

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

Question 32

What is protected health information (PHI)? [STAR]

Answer 32

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

Question 33

What are the penalties for HIPAA violations?

Answer 33

possible fine and/or prison sentence

Question 34

violating a person’s right to be left alone or exposing information about that person w/o his or her consent

Answer 34

invasion of privacy

Question 35

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]

Answer 35

advance directive

Question 36

List 4 types of advance directives

Answer 36

• living will
• durable power of attorney (POA)
• do-not-resuscitate (DNR)
• organ donation form

Question 37

T/F - A “will” and a “living will” are the same thing

Answer 37

False