Health Occ, Ch 2-5 Ethics, Laws, & Rights Flashcards
Residents have ___ as United States citizens. Some residents __ exercise their rights. Nursing centers must inform residents of their rights, both __ and in __.
rights; cannot; orally; writing
Examples of residents who cannot exercise their rights.
People with dementia or mental delays or those who are not conscious
A ___ has the legal right to act on the resident’s behalf for them when they are unable. (18 or older)
representative (partner, adult child, court-appointed guardian)
an individual who is appointed to investigate someone’s complaints (against administration or public authorities)
Ombudsman
What is an ombudsman’s primary duty? (MOST IMPORTANT)
work w/ individual groups & explore how to solve issue
_____ is a federal law. (1987; applies to all 50 states) (requires nursing assistant-> training, competence evaluation, background checks)
The Omnibus Budget Reconciliation Act (OBRA)
The right to information means access to all records about the person.
They include the ___ ____, ___, ___ ___, and ___ ___. The request can be oral or written.
medical record, contracts, incident reports, financial records
The person has the right to be __ informed of his or her health condition.
The person must also have information about his or her ___. (The reason why we have/wear badges)
__ is key
fully; doctor; Communication
The person has the right to ___ treatment. A person who does not give consent or refuses treatment ___ be treated against his or her wishes.
refuse; cannot
The center must find out what the person is __ and __. (report all refusals to nurse)
Find out the reason for the refusal.
___ the problems that can result from the refusal. (sweet talk; need to follow through)
Offer other __ options.
___ to provide all other services.
refusing & why; explain; treatment; continue
___ means the care provided to maintain or restore health, improve function, or relieve symptoms.
Treatment
(vary between simple or intense) for drawing blood= holding out arm; car accident= do everything possible to save because you do not know if that’s what they want unless otherwise stated
implied consent
DNR stands for…
do not resuscitate
-Are part of the right to refuse treatment.
-include living wills and instruction about life support.
-Contain written instructions about health care when the person is not able to make such decisions.
advance directives
Examples of advance directives are…
Living Will; Power of Attorney; Consent form; DNR
Report any treatment refusal to the __. She/he may change the person’s care plan.
nurse
Examples of a resident’s rights to personal privacy
-to use the bathroom in private. (expose the person’s body only as necessary) (includes dressing)
-to visit with others in private (areas where others cannot see or hear them)
-mail (cannot open w/o consent)
-Information about the person’s care, treatment, and condition is kept confidential.
Residents have the right to make their own choices. What are some examples? (5)
-choose their own doctors.
-help plan and decide about their care and treatment.
-choose activities, schedules, and care.
-choose when to get up and go to bed, what to wear, how to spend their time, and what to eat.
-choose friends and visitors inside and outside the center.
Residents have the right to voice __, __, and __ about treatment and care.
The problem may involve another person.
It may be about care that was given or not given.
concerns; questions; complaints
No one can ___ the person in any way for voicing the grievance.
punish
The resident has the right to work or perform services if he or she wants to do so. (might be needed for rehab)
The person does not work for __, ___ ___ , or other things or privileges.
The person is not __ to perform services for the center.
care; care items; required
The resident has the right to form and take part in resident __.
Residents have the right to take part in __, __, __, and __ events.
They have the right to receive help when moving to and from events of their choice. (nursing home; typically family takes them)
groups; social; cultural; religious; community
Residents have the right to keep and use __ items.
The person’s property is __.(treat w/ care & respect)
Protect yourself and the center from being accused of stealing a person’s property.
personal; protected
The center MUST __ reports of lost, stolen, or damaged items. Police help is sometimes needed.
Do NOT go through a person’s closet, drawers, purse, or other space without the person’s __ and __.
investigate; knowledge; consent
Involuntary seclusion definition/examples
Separating the person from others against his or her will
Keeping the person in a certain area
Keeping the person away from his or her room without consent
A ___ means that a state has determined that the employee abused, neglected, or mistreated a resident, or wrongfully used the person’s money or property.
finding
They cannot employ persons who…
-Were found guilty of abusing, neglecting, or mistreating others by a court of law
-Have a finding entered into the state’s nursing assistant registry about abuse, neglect, mistreatment, or wrongful acts involving the person’s money or property
What is needed for restraint use? (used to protect themselves or others from harm)
a doctor’s order
Some __ are restraints because they affect mood, behavior, and mental function.
drugs
They must be cared for in a manner and in a setting that promotes dignity and respect for self.
Care must promote physical, mental, and social well-being.
These include the right to ___ _ ___?
quality of life
Residents have the right to ___ that enhance each person’s physical, mental, and psycho-social well-being. (surveyors look @ this)
Centers must provide religious services for spiritual health.
activities
Residents have the right to a safe, clean, comfortable, and home-like setting.
The person is allowed to have and use personal items to the extent possible.
They allow ___ ___ and promote a ___ setting.
personal choice; home-like
Each __ has a nurse practice act
state
-Defines RN and LPN/LVN and their scope of practice
-Describes education and licensing requirements for RNs and LPNs/LVNs.
-Protects the public from persons practicing nursing without a license.
nursing practice act
__ (federal law) states that Each state must have a nursing assistant training and competency evaluation program (**NATCEP).
OBRA
NATCEP stands for…
nursing assistant training and competency evaluation program
OBRA requires at least __ hours of instruction provided by a nurse.
___ hours are supervised practical training.
75; 16
Training program requirements for Illinois include __ clinical hours and __ theory (all together) hours
40; 80
The competency evaluation has a __ test and a __ test.
written; skills
Each state must have a ____ ____ ____, which is an official list of persons who have successfully completed a NATCEP.
nursing assistant registry
Retraining and a new competency evaluation program are required for nursing assistants who have not worked for ___ months (8 hour shift).
24
For retraining programs, states can require: (2)
- A new competency evaluation
- Both re-training and a new competency evaluation
Agencies must provide __ hours of educational programs to nursing assistants every year.
12