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Nursing Assisting - A Foundation in Caregiving > Chapter 2 - Ethical and Legal Issues > Flashcards

Chapter 2 - Ethical and Legal Issues Flashcards

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1
Q

Purposeful mistreatment that causes physical, mental, emotional, or financial pain or injury to a person.

A

Abuse

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2
Q

Purposeful failure to provide needed care, resulting in physical, mental, or emotional harm to a person.

A

Active Neglect

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3
Q

Legal documents that allow people to decide what kind of medical care they wish to have in the event they are unable to make those decisions themselves.

A

Advance Directives

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4
Q

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

A

Assault

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5
Q

The intentional touching of a person without his or her consent.

A

Battery

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6
Q

Private law; law related to committing a crime against the community.

A

Criminal Law

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7
Q

Any statement (written or oral) that is not true and injures a person’s reputation.

A

Defamation

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8
Q

An order that tells medical professionals not to perform CPR in the event of cardiac or respiratory arrest.

A

DNR (do-not-resuscitate)

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9
Q

Physical, sexual, or emotional abuse by spouses, intimate partners, or family members.

A

Domestic Violence

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10
Q

A legal document that appoints someone to make the medical for a person in the event he or she becomes unable to do so.

A

Durable Power of Attorney for Health Care

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11
Q

The knowledge of right and wrong; standards of conduct.

A

Ethics

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12
Q

The code of proper behavior and courtesy in a certain setting.

A

Etiquette

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13
Q

Unlawful restraint that affects a person’s freedom of movement; includes voth the threat of being physically restrained and actually being physically restrained.

A

False Imprisonment

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14
Q

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

A

Financial Abuse

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15
Q

A federal law that sets standards for protecting the privacy or patients’ health information.

A

HIPAA (Health Insurance Portability and Accountability Act)

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16
Q

The violation of the right to be left alone and the right to control personal information.

A

Invasion of Privacy

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17
Q

The separation if a person from others against the person’s will.

A

Involuntary Seclusion

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18
Q

Rules set by the governments to help protect the public.

A

Laws

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19
Q

Defamation in written form.

A

Libel

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20
Q

A document that states the medical care a person wants, or does not want, in care he or she becomes unable to make those decisions.

A

Living Will

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21
Q

Professional misconduct that results in damage or injury to a person.

A

Malpractice

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22
Q

People who are required to report suspected or observed abuse or neglect due to their regular contact with vulnerable populations, such as the elderly in long-term care facilites.

A

Mandated Reporters

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23
Q

The act of taking what belongs to someone else and using it illegally for one’s own gain or other unauthorized purpose.

A

Misappropriation

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24
Q

Part of the Omnibus Budget Reconciliation Act (OBRA) that sets minimum requirements for training and testing nursing assistants.

A

NATCEP (Nurse Aide Training and Comoetancy Evaluation Program)

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25
Q

Actions, or the failure to act or provide proper care for a person, resulting in unintended injury.

A

Negligence

26
Q

Law passed by the federal government that includes minimum standards for nursing assistant training, staffing requirements, resident assessment instructions, and information on rights for residents.

A

OBRA (Omnibus Budget Reconciliation Act)

27
Q

A legal advocate for residents in long-term care facilities.

A

Ombudsman

28
Q

The unintentional failure to provide needed care, resulting in physical, mental, or emotional harm to a person.

A

Passive Neglect

29
Q

Any treatment, intentional or unintentional, that causes harm or injury to a person’s body.

A

Physical Abuse

30
Q

Information that can be used to identify a person and relates to his or her past, present, or future physical or mental condition, including any health care the patient has had, or payment for that health care.

A

Protected Health Information (PHI)

31
Q

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

A

Psychological Abuse

32
Q

A group of residents who meet regularly to discuss issues related to the long-term care facility.

A

Residents’ Council

33
Q

Rights identified in the Omnibus Budget Reconciliation Act (OBRA) that relate to how residents must be treated while living in a long-term care facility; they provide an ethical code of conduct for healthcare workers.

A

Residents’ Rights

34
Q

Defines the task that health care providers are legally permitted to perform as allowed by state or federal law.

A

Scope of Practice

35
Q

The forcing of unwanted sexual acts of behavior on a person.

A

Sexual Abuse

36
Q

Any unwelcome sexual advance or behavior that creates an intimidating, hostil, or offensive working environment.

A

Sexual Harrassment

37
Q

Defamation in oral form.

A

Slander

38
Q

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

A

Substance Abuse

39
Q

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

A

Verbal Abuse

40
Q

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

A

Workplace Violence

41
Q

What are ethics?

A

The knowledge of right and wrong; standards of conduct.

42
Q

Give an example of a law that must be followed.

A

Keep all resident information confidential.

43
Q

Describe elements of a typical nursing assistant code of ethics.

A
  1. I will strive to provide and maintain the highest quality of care for all residents. I will fully recognize and follow all of the residents’ rights.
  2. I will communicate well, serve on committees, and read all material as provided and required by my employer. I will attend educational in services and join organizations relevant to nursing assistant care.
  3. I will show a positive attitude toward all residents, their family members, staff, and other visitors.
  4. I will always provide privacy for all residents. I will maintain confidentiality of resident, staff, and visitor information.
  5. I will be trustworthy and honest in all dealings with residents, staff, and visitors
  6. I will strive to preserve resident safety. I will report mistakes I make along with anything that I deem dangerous, to the right person(s).
  7. I will have empathy for all residents, other staff, and all visitors, giving support and encouragement when needed.
  8. I will respect all people, without regard to age, gender, ethnicity, religion, economic situation, sexual orientation, or diagnosis.
  9. I will never abuse residents in any way. I will always report any suspected abuse to the proper person immediately.
  10. I will strive to have the utmost patience with all people at my facility.
44
Q

According to the Omnibus Budget Reconciliation Act (OBRA) requirements, how many hours of training must nursing assistants complete at a minimum?

A

Nursing assistants must complete at least 75 hours of training that covers topics like basic nursing skills, personal care skills, restorative skills, mental health and social service needs, Residents’ Rights, safety and emergency care, and cognitive impairment.

45
Q

What are active neglect and passive neglect?

A

Active neglect is the purposeful failure to provide needed care, resulting in physical, mental, or emotional harm to a person. Passive neglect is the unintentional failure to provide needed care, resulting in physical, mental, or emotional harm to a person.

46
Q

Give examples of negligence.

A

Pressure ulcers, weight loss or poor appetite, dehydration, unclean body, ripped or torn clothing, unanswered call lights, bruising or injuries, etc.

47
Q

What is a nursing assistants responsibility if she sees or suspects abuse?

A

Nursing assistants are legally required to report abuse or suspected abuse.

48
Q

What generally happens to a nursing assistant after a report of abuse has been made about him or her?

A

The NA is usually suspended immediately, pending investigation. The Nurse Aide Training and Competency Evaluation Program (NATCEP) is notified, as well as the facility administrator. Adult Protective Services (ADS) is also notified. A full, confidential investigation is completed. The facility will protect the resifent and the person who reported he abuse from retaliation. If the investigation does not prove the claim if abuse, the NA returns to work. If the investigation shows that there might be proof in the claim, specific actions are taken.

49
Q

Describe some of the typical duties of an ombudmans.

A

The ombudsman is the legal advocate for residents who visits the facility and listen to them. He or she decides what course of action to take if there is a problem.

50
Q

With whom may a nursing assistant share a residents health information?

A

Other care team members who are directly involved with the residents care.

51
Q

What does HIPAA protect?

A

This law sets standards for protecting the privacy of patients’ health information. It identifies certain protected health information (PHI) that must remain confidential.

52
Q

List some examples of PHI.

A

PHI includes the patient’s name, address, telephone number, medical record, social security number, e-mail address, and other information.

53
Q

To which members of the care team does HIPAA apply?

A

Only people who give care or process records should have access to this information.

54
Q

What are advance directives?

A

Legal documents that allow people to decide what kind of medical care they wish to have in the event they are unable to make those decisions themselves.

55
Q

List some rights related to advance directives that the Patient Self-Determination Act (PSDA) requires be given to new residents upon admission.

A

The PSDA requires all healthcare agencies receiving Medicare and Medicaid funds to give adults, during admission or enrollment, information about their rights relating to advance directives.

56
Q

What is one reason that a nursing assistant should not accept money or gifts from residents?
A. The Na will start to depend on the extra income and will not be able to live within her budget without it.
B. Receiving money or gifts is unprofessional and can lead to conflict.
C. Receiving money or gifts is unfair because not all residents can afford to tip staff or give gifts.
D. The NA will be unable to ask for an advance on her salary if she receives additional income from residents.

A

B. Receiving money or gifts is unprofessional and can lead to conflict.

57
Q

What is the name of the resident assessment system that is part of OBRA’s requirements?
A. Resident Information Protocols (RIP)
B. Reporting and Recording Intake (RRI)
C. Minimum Data Set (MDS)
D. Evaluation Implementation Form (EIF)

A

C. Minimum Data Set (MDS)

58
Q

Residents have a legal right not to be abused or mistreated. To which Residents’ Rights does this relate?
A. Right to visits
B. Right to dignity, respect, and freedom
C. Right with regard to social services
D. Right to security of possesions

A

B. Right to dignity, respect, and freedom

59
Q

Residents have a legal right to be told of changes in their medical condition. To which Residents’ Rights does this relate?
A. Right to participate in their own care
B. Right to privacy and confidentiality
C. Right to complain
D. Rights during transfers and discharges

A

A. Right to participate in their own care

60
Q

A nursing assistant takes money from a resident’s purse, planing to pay it back later. Which type of abuse is this considered?
A. Psychological abuse
B. Physical abuse
C. Substance abuse
D. Financial abuse

A

D. Financial abuse

61
Q

Emotional abuse of a resident by his wife would be considered:
A. Domestic violence
B. Physical abuse
C. Substance abuse
D. Sexual abuse

A

A. Domestic violence

62
Q

A federal law originally passed in 1990 as an ammendment to OBRA. It requires all Healthcare agencies receiving Medicare and Medicaid funds to give adults, during admission or enrollment, information about their rights relating to advance directives.

A

Patient Self-Determination Act (PSDA)

Nursing Assisting - A Foundation in Caregiving (28 decks)

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