Chapter 9 - Legislation: Clients Rights And Your Rights Flashcards
(33 cards)
1
Q
Foundation
A
- Foundation of good client–worker relations is understanding:
> Support worker rights
> The client’s rights
> Legal responsibility
2
Q
Client Rights and Boundaries
A
- Ethics is concerned with what you should or should not do.
- Legislation is a body of law that governs the behaviour of country’s residents
> Makes sure that all clients receive safe and skillful care
> Protects client’s rights. - Courts protect clients and support workers rights.
- A right is something to which a person is justly entitled.
- Moral rights are based on a sense of fairness or ethics.
- Legal rights are based on rules and principles outlined in the law and enforced by society.
3
Q
Canadian Charter of Rights and Freedoms
A
- Federal legislation that applies to all Canadians, regardless of where they live.
- Lists the basic rights and freedoms to which all Canadians are entitled
> The right to equality without discrimination based on race, ethnic origin, colour, religion, sex, age, or mental or physical disability.
4
Q
Basic Rights of People Receiving Health Services
A
The Human Rights Act of each province and territory is intended to:
> Prevent discrimination
> Promote and advance human rights
- Laws governing health care have different titles across the country.
- An act is another term for a specific law
> Most health care acts consist of general requirements for maintaining health, safety and well being
5
Q
Basic Human Rights in Canada
A
- All residential facilities in a province or territory must abide by rules
> If they do not, this could result in removal of their licence. - Concern is for the rights and freedoms of people using health care services
6
Q
Bill of Rights
A
- Manitoba and Ontario have created a bill of rights for clients.
- Some facilities and agencies write their own bills of rights, based on provincial or territorial laws.
- Generally, all clients have the following rights
> Right to be treated with dignity and respect
> Right to privacy and confidentiality
> Right to give or withhold informed consent
> Right to autonomy
> Pictographic version of Resident’s Bill of Rights:
- Figure 11-1 (p. 157) - Box 11-3: Ontario’s Resident’s Bill of Rights (p. 156)
- Box 11-4: Ontario’s Bill of Rights for Community Care Clients (p. 158)
- Being treated with dignity and respect is the guiding principle of care giving
> DIPPS
7
Q
Dignity and Respect
A
- Facility is client’s home and should provide the same freedoms as the resident’s home.
- Respecting the person’s dignity and independence is a basic and important part of support work.
- Treating a person with dignity provides emotional support and greatly contributes to quality of life.
> Box 11-4: Respecting the Client’s Right to Dignity (p. 158)
8
Q
Confidentiality
A
- Means respecting and guarding personal and private information about another person.
- Information should only be shared among team members involved in the client’s care.
- Information about your employer, your co-worker, and other clients is private.
- No matter how well you know a client, do not discuss personal matters or personal problems.
- Use acceptable speech and language.
9
Q
Privacy and Confidentiality
A
- Right to receive care in private, in a way that does not expose their body unnecessarily – only those persons involved in the care should see the person’s body.
- Information about the client’s care, treatment, and condition is confidential.
> Box 11-6: Respecting the Client’s Right to Privacy (p. 145) - Electronic privacy – do not discuss clients via computer
10
Q
Privacy
A
- Client has the right to privacy at all times – during bathing, telephone calls, financial advice, toileting, conversations with family.
- You must respect this right at all times.
- Should ask permission for everything that you do to the client .
- Be proactive – do not wait to be told.
11
Q
Sharing Information
A
- Discuss only the information that the person needs to know in order to give the care – keep all information in the workplace.
- Report to RN or PN your observations – other co-workers may need to know some but not all.
- Avoid gossip – do not discuss a resident’s problems with another resident.
12
Q
Informed Consent
A
- Client has the right to decide what will and will not be done to his/her body and who can touch.
- Clients need to understand the reason for treatment, what will be done, and how and who will do it.
- Clients need to understand the expected outcomes and treatment options.
- All provinces and territories have legislation that describes when and how consent is to be obtained.
- For consent to be valid, it must be informed consent
- Consent is informed when the person clearly understands:
> The reason for a treatment, procedure, or care measure
> What will be done
> How it will be done
> Who will do it
> The expected outcomes
> Other treatment, procedure, or care options
> The effects of not having the treatment, procedure, or care measure
13
Q
Decision Maker
A
- Parent or legal guardian gives consent for client under the age of 18
- Responsible party gives consent for mentally incompetent, unconscious, sedated or confused client.
- A consent form may be required – an RN or PN obtains these.
- Support worker is never responsible for obtaining written consent or giving medical information.
14
Q
Advanced Care Directives
A
- Advanced Care Directive
> Legal documents that allow clients to convey their decisions about their own end-of-life care. - Living Will
> A document that allow clients to convey their wishes to accept or refuse medical care to sustain their life. - Substitute decision maker or power of attorney
> Allow one to make decisions for one who cannot give consent due to inability to understand.
15
Q
Property
A
- Will
> Legal document that states one’s wishes about where or to whom his or her property should go. - Executor / Executrix
> Guardian of property; carries out instructions of the will. - Estate Trustee
> A person who acts on behalf of a client with regard to property.
16
Q
Autonomy
A
- Clients have the right to participate in assessing and planning their own care and treatment.
- Personal choice is important for quality of life, dignity, and self-respect
> You must allow the client to make choices whenever possible.
17
Q
Legal Issues
A
- Laws tell you what you can and cannot do.
> A law is a rule of conduct made by a government body.
- Criminal laws are concerned with offenses against the public and society in general.
- Civil laws are concerned with relationships between people.
- Torts are part of civil law.
- Liability - if you break the law or violate someone’s rights, you are legally responsible
18
Q
Torts
A
- A person who commits a tort can be sued by the injured person.
- Torts may be intentional or unintentional
- Example of a tort is negligence.
- Examples of intentional torts are assault, battery, false imprisonment, invasion of privacy, and defamation of character.
19
Q
Negligence
A
- Means the person did not mean or intend to cause harm.
- The negligent person failed to act in a reasonable and careful manner, and thereby harmed the person or property.
- The negligent person may have to pay damages to the injured person.
- Not performing a task or procedure correctly.
- Performing a task or procedure that you are not qualified to do .
- Making a mistake.
> Box 11-6 (p. 164) lists examples of common negligent acts committed by support workers - A client could be harmed even though you do your job competently.
- Accurately record procedures
> Your record may protect you from charges of negligence. - You are responsible for your own actions.
- Sometimes refusal to follow a nurse’s directions is your right and duty.
20
Q
Intentional Torts
A
- Acts that are meant to be harmful:
> Defamation – injuring the name and reputation of a person by making false statements to a third person.
> Libel – making false statements in print, writing, pictures, or drawings.
> Slander – making false statements orally.
> Invasion of privacy.
21
Q
Assault
A
- Intentionally attempting or threatening to touch a person’s body without person’s consent.
- The person fears bodily harm.
- Threatening to tie down an uncooperative client is an example of assault.
22
Q
Battery
A
- Is the actual touching a person’s body without the person’s consent
e. g., force-feeding a client. - The client must consent to any procedure, treatment, or other act that involves touching the body.
- The client has a right to withdraw any consent.
- Consent can be verbal or gesture.
23
Q
Awareness of Your Role
A
- If a support worker performs duties beyond the scope of his/her practice, and these duties were never delegated and taught by the registered staff, the support worker is actually assaulting the client.
- Support worker must understand the responsibilities within their role and safely act within these boundaries.
24
Q
False Imprisonment
A
- False imprisonment is unlawful restraint or restriction of a person’s freedom or movement.
- Threat of restraint or actual physical restraint is false imprisonment.
25
Invasion of Privacy
- Right to not have private or personal information made public without consent
- Invasion of privacy is punishable by law
- Freedom of Information Act
26
Defamation of Character
- Defamation is injuring the name and reputation of a person by making false statements to someone else
- Libel is making false statements in print, writing, or through pictures or drawings
27
Human Rights Legislation
- Protects worker’s basic human rights.
- Must treat all workers equally.
- Must not discriminate on the basis of the worker’s race, colour, gender, sexual orientation, religion, age or disability.
- Workers have the right to be free from harassment.
28
Occupational Health and Safety
- Safety is a basic need.
- In a safe setting, a person has little risk of illness or injury.
- Person feels safe and secure.
- Your employer is also responsible for providing a safe working environment for you.
29
Occupational Health and Safety Legislation
- Outlines the rights and responsibilities of workers, employers, and supervisors in creating and maintaining a safe environment.
- Workers have the right to receive proper training, instruction and supervision to ensure their safety.
- Workers have the right to refuse duties if the work poses a danger to themselves or others.
30
Employment StandardsLegislation
- State minimum acceptable employment standards within the workplace
- Covers basic rules about issues such as
> minimum wage
> how wages are paid
> how many hours of work per day and per week are acceptable
> fair overtime
> holidays and vacation days
> what situations qualify worker for a leave of absence
31
Labour Relations Legislation
- Addresses how employers and employees can resolve workplace issues, ensures that employees have the right to form or join a union.
- Set out rules for negotiation – collective bargaining.
- Identifies unfair labour and employee conduct.
32
Workers’ Compensation Legislation
- Addresses how workers are financially compensated for accidental injuries on the job.
- Discusses workers and employer rights when an injury occurs.
33
Other Legislation
- Long-Term Care Facilities Legislation
> Provincial and territorial
> Address basic rights
- Community Services Legislation
> Sets out rules and procedures for accessing and providing community services, including support work
