Health Occ, Ch 2-5 Ethics, Laws, & Rights Flashcards by Mollie Koester

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

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Examples of residents who cannot exercise their rights.

People with dementia or mental delays or those who are not conscious

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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)

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an individual who is appointed to investigate someone’s complaints (against administration or public authorities)

Ombudsman

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What is an ombudsman’s primary duty? (MOST IMPORTANT)

work w/ individual groups & explore how to solve issue

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_____ is a federal law. (1987; applies to all 50 states) (requires nursing assistant-> training, competence evaluation, background checks)

The Omnibus Budget Reconciliation Act (OBRA)

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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

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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

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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

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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

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___ means the care provided to maintain or restore health, improve function, or relieve symptoms.

Treatment

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(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

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DNR stands for…

do not resuscitate

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-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

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Examples of advance directives are…

Living Will; Power of Attorney; Consent form; DNR

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Report any treatment refusal to the __. She/he may change the person’s care plan.

nurse

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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.

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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.

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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

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No one can ___ the person in any way for voicing the grievance.

punish

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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

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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

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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

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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

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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).

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.

The following direct what you can do (job responsibilities & tasks) (3)

OBRA State laws Legal and advisory opinions

To protect persons from harm, you must understand: (3)

-What you can do -What you cannot do -The legal limits of your role

Licensed nurses __ your work. What you are allowed to do varies among __ and ___.

supervise; states; agencies

Before you perform a nursing task make sure that: (4)

-Your state allows nursing assistants to do so. -It is in your job description. -You have the necessary education and training. -A nurse is available to answer questions and to supervise you.

____ means to authorize another person to perform a nursing task in a certain situation. (The person must be competent to perform that task in a given situation.)

Delegate

Who can delegate?

RNs (to nursing assistants & LPNs/LVNs); in some states LPNs/LVNs (to nursing assistants)

Nursing assistants __ delegate.

cannot

You must ___ the person from harm. You either __ or __ to do a delegated task.

protect; agree; refuse

When you agree to perform a task: (2)

-You are responsible for your own actions. -You must complete the task safely. (if not completed safely & you agreed, it is your fault)

After completing a task, report to the __ what you did and the observations you made.

nurse

Sometimes refusing to follow the nurse’s directions is your right and duty. You should refuse to perform a task when: (10)

-The task is beyond the legal limits of your role -The task is not in your job description -You were not prepared to perform the task -The task could harm the person -The person’s condition has changed -You do not know how to use the supplies or equipment -Directions are not ethical or legal -Directions are against agency policies or procedures -Directions are not clear or not complete -A nurse is not available for supervision

Never ignore an order or a request to do something. Tell the nurse about your concerns. The nurse can: (7)

-Answer your questions -Demonstrate the task -Show you how to use supplies and equipment -Help you as needed -Observe you performing the task -Check on you often -Arrange needed training

Defines the tasks that health care providers are legally allowed to do and how to do them correctly.

scope of practice

Nursing Assistants' Role includes... (7)

-Vital signs -Personal care -Toileting needs -Safe ambulation and transfers -Keep living areas clean -Caring for supplies and equipment -Making Beds

Nursing Assistants are not allowed to.... (7)

-Insert or remove tubes -Perform procedures with sterile technique -Give tube feedings -Pass Medications -Diagnose or Prescribe -Tell resident or family medical info (nurse’s job) -Take orders from doctors

__ is knowledge of what is right conduct and wrong conduct.

ethics

An ethical person behaves and acts in the __ way. Ethical behavior involves not being prejudiced or biased. (prejudiced or biased-> to make judgments & have views before knowing the facts) You __ __ judge the person by your values and standards. Ethical problems involve making __.

right; must not; choices

__ _ __ are rules or standards of conduct.

Code of ethics

You enter into a ___ relationship with patients, residents, and families. The __ (same^) relationship has professional boundaries. __ boundaries separate helpful behaviors from those who are not helpful.

Helping (x2); Professional

A ___ ___ is a brief act or behavior outside of the helpful zone.

boundary crossing

A ___ ___ is an act or behavior that meets your needs, not the person’s needs.

boundary violation

___ ___ ____ is an act, behavior, or comment that is sexual in nature.

Professional sexual misconduct

A __ is a rule of conduct made by a government body. (protect the public welfare)

law

___ __ are concerned with offenses against the public and society in general.

Criminal laws

__ __ deal with relationships between people.

Civil Laws

A __ is a wrong committed against a person or the person’s property. (civil law)

tort

Examples of unintentional torts (harm was not intended) (2)

Negligence is an unintentional wrong. Malpractice is negligence by a professional person. (doctor or nurse)

Examples of intentional torts (meant to be harmful) (3)

Defamation is injuring a person’s name or reputation by making false statements to a third person. Libel (written) and slander (spoken)

protects the privacy and security of a person’s health information. Failure to comply with rules can result in fines, penalties, and criminal action including jail time.

The Health Insurance Portability and Accountability Act of 1996 (HIPAA)

__ is saying or doing something to trick, fool, or deceive a person.

Fraud

__ is intentionally attempting or threatening to touch a person’s body without the person’s consent.

Assault

__ is touching a person’s body without his or her consent.

Battery

___ is injuring a person’s name or reputation by making false statements to a third person.

Defamation

Use these communications correctly in both your personal and professional life. Example of what to use correctly...

E-mail, texts, faxes, websites, videos, and social media.

Wrongful use of social media results in...

Job loss, loss of certification, fines or jail time

Wrongful use of social media results in...

Job loss, loss of certification, fines or jail time

A __ has the right to decide what will be done to his or her body and who can touch his or her body. The __ is responsible for informing the person about all aspects of treatment.

person; doctor

Consent is informed when the person __ ___ all aspects of treatment. If the person is unable to give consent, a responsible party or a legal ___ gives informed consent.

clearly understands; representative

__ are never responsible for obtaining written consent. __ often obtain written consent.

You; Nurses

___ is the intentional mistreatment or harm of another person and is a crime.

Abuse

Abuse has one or more of these elements.. (5)

-Willful infliction of injury -Unreasonable confinement -Intimidation -Punishment -Deprivation of goods or services needed for physical, mental, or psycho-social well-being

Protection against abuse extends to persons in a __. The abuser is usually a __ ___ or __.

coma; family member; caregiver

Both __ and __ are abusers and are abused.

men; women

Examples of vulnerable adults (3)

-Are persons 18 years old or older -Have disabilities or conditions that make them at risk to be wounded, attacked, or damaged -Have problems caring for or protecting themselves

Some vulnerable adults have problems protecting themselves due to... (3)

-A mental, emotional, physical, or developmental disability -Brain damage -Changes from aging (thinner skin/brittle bones)

Patients and residents, regardless of age, are considered ___.

vulnerable

__ __ is any knowing, intentional, or negligent act by a caregiver or any other person to an older adult. The act causes harm or serious risk of harm.

elder abuse

Examples of elder abuse (8)

-Physical abuse -Neglect -Verbal abuse -Involuntary seclusion -Financial exploitation or misappropriation -Emotional abuse -Sexual abuse -Abandonment

All ___ require the reporting of suspected child abuse and neglect. You must be alert for signs and symptoms of child abuse. Report any changes in the child’s body or behavior. Share your concerns with the __.

states; nurse

Work ethic involves... (5)

-How you look -What you say -How you behave -How you treat others -How you work with others

Things to do and not to do regarding your health... (9)

-You need good physical and mental health. -You need a balanced diet for good nutrition. -Most adults need about 7 hours of sleep daily. -Use good body mechanics. -Regular exercise is needed. -Take care of your eyes. -Smoking causes lung, heart, and circulatory disorders. -Some drugs affect thinking, feeling, behavior, and function. -Alcohol affects thinking, balance, coordination, and alertness.

Things to do regarding your hygiene...(Follow practices to look clean, neat, and professional.) (9)

-Bathe daily. -Use a deodorant or antiperspirant. -Brush your teeth. -Use a mouthwash. -Shampoo often. -Style hair in a simple, attractive way. -Wash your feet daily. -Cut toenails straight across after bathing or soaking them. -Practice menstrual hygiene.

Teamwork means that staff members work together as a group. It involves... (6)

-Working when scheduled -Being cheerful and friendly -Performing delegated tasks -Being available to help others -Helping others willingly -Being kind to others

What to do regarding your attitude... (5)

-Show that you enjoy your work. -Listen to others. -Be willing to learn. -Stay busy, and use your time well. -Always think before you speak.

What to do regarding attendance... (5)

-Report to work when scheduled and on time. -Call the agency if you will be late or cannot go to work. -Be ready to work when your shift starts. -You must stay the entire shift. -When it is time to leave, report off-duty to the nurse.

To ___ means to spread rumors or talk about the private matters of others. It is unprofessional and hurtful; Avoid being a part of this.

gossip

___ means trusting others with personal and private information. (information is shared only with staff involved in care. Agency and co-worker information is confidential. Do not eavesdrop. Be careful what you say over the intercom.)

Confidentiality

What to do regarding speech and language... (5)

-Do not swear or use foul, vulgar, slang, or abusive language. -Speak softly and gently. -Speak clearly -Do not shout or yell. -Do not fight or argue with a person, family member, visitor, or co-worker.

What to do regarding planning your work... (5)

-Decide what to do and when (priority setting). -Follow the nurse’s directions. -Check the Kardex, the care plan, and your assignment sheet. -A priority is the most important thing at the time. -Plan your work to give safe, thorough care and to make good.

__ arise over issues or events. __ and good work ethics prevent and resolve conflicts.

conflicts; communication

What to do when resolving conflicts

identify the problem

___ means to trouble, torment, offend, or worry a person by one’s behavior or comments. (not legal in work place)

Harassment

Harassment can be/involve... (2)

-Be sexual -Involve age, race, ethnic background, religion, or disability

___ ___ involves unwanted sexual behaviors by another. (affects work & comfort) If you feel that you are being harassed, tell your __ and the __ __ officer.

sexual harassment; supervisor; human resource

Whatever your reason for resigning, you need to tell your employer. Do this by... (2)

-Give a written notice. -Giving a 2-week notice is a good practice.

Health Occ, Ch 2-5 Ethics, Laws, & Rights Flashcards

(108 cards)