Chapter 2: Ethical and Legal Issues

_____________ have to do with the knowledge of right and wrong.

(A)Ethics

(B)Civil Laws

(C)Etiquette Issues

(D)Criminal Laws

(A)-Ethics

Which of the following is a law?

(A) A nursing assistant must not gossip about residents or other staff members

(B) A nursing assistant must be polite when answering the telephone

(C) A nursing assistant must not steal resident's belongings

(D) A nursing assistant must not discuss personal problems with coworkers

(C) A nursing assistant must not steal resident's belongings

Laws to protect individuals from people or organizations that try to harm them are

(A) Civil Laws

(B) Criminal Laws

(C) Felonies

(D) Misdemeanors

(B) Criminal Laws

A code of courtesy and proper behavior in a certain setting is called

(A) Civil Law

(B) Criminal Law

(C) Ethics

(D) Etiquette

(D) Etiquette

Treating residents with this means allowing others to believe or act as they wish to do

Respect

Being able to share in and understand the feelings of others

Empathy

Another word for private

Confidential

Nursing assistants must refuse these when they are offered

Gifts

If a nursing assistant makes a mistake, it is important to do this immediately

Report It

Being this way means that a nursing assistant is able to speak and act without offending others

Tactful

Ways that nursing assistant can demonstrate being ____________________ include being truthful when reporting hours and documenting care accurately

Honest

What idea do most codes of ethics revolve around ?

That a resident, patient, or clients is a valuable person who deserves ethical

What is one way for a nursing assistant to help preserve resident safety?

Report mistakes, anything I deem dangerous to the right of the person

If a nursing assistant suspects that a resident is being abused, what should she do?

Report to the proper person immediately

Why was the Omnibus Budget Reconciliation Act (OBRA) passed in 1987?

(A) As a response to reports of poor care and abuse in long-term care facilities

(B) Because of complaints of uncooperative residents by nursing assistants

(C) To control costs in long-term care facilities

(D) Because most long-term care facilities employed too many nursing assistants

(A) As a response to reports of poor care and abuse in long-term care facilities

How does the OBRA law relate to nursing assistants?

(A) OBRA tests nursing assistances knowledge of care procedures

(B) OBRA sets minimum requirements for training, competency exams, and in service education

(C) OBRA outlines specific steps for handling infectious material

(D) OBRA details how the chain of command works in long-term care facilities

(B) OBRA sets minimum requirements for training, competency exams, and in service education

According to OBRA requirements, how many hours of training must nursing assistants complete before being able to be employed?

(A) 30 hours

(B) 50 hours

(C) 75 hours

(D) 100 hours

(C) 75 hours

Which of the following is a part of OBRA's regulations?

(A) OBRA establishes the correct steps to follow if a nursing assistant is exposed to a blood borne pathogen

(B) OBRA sets minimum amount that nursing assistants can be paid per hour

(C) OBRA details the safe use of and hazards of chemicals

(D) OBRA requires that states keep a current list of nursing assistants in a state registry

(D) OBRA requires that states keep a current list of nursing assistants in a state registry

The right to the best quality of life possible.

Give patient Dignity, Choice, Independence etc.

The right to receive the correct care in the form of services and activities to maintain a high level of wellness.

Develop a care plan for residents

The right to be fully informed about rights and services.

Given a written copy of their legal rights in their language

The right to participate in their own care.

Residents participate in planning their own treatment care and discharge, right to refuse meds, right to be told of their conditions

The right to make independent choices.

Make their own personal decisions, join in community activities

The right to privacy and confidentiality.

Have the right to speak privately with anyone, the right to privacy during care, and right to confidentiality regarding every aspects of their lives

The right to dignity, respect, and freedom.

Not abused, mistreated, or neglected in any way

The right to security of possessions.

Possessions cannot be taken or used by anyone with out a residents permission

Rights during transfers and discharges.

Residents can be moved to different facilitates for safety reasons

The right to complain.

Residents have the right to complain about any services given to them and the facilities must work on addressing those complaints as soon as possible

The right to visits.

Right to visit doctors, family, ombudsmen, clergy etc.

Rights to regard to social services.

Provide social services, counseling, help contact legal and professional finances, assistance with meditation

Abuse

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

Active neglect

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

Assault

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

Battery

The intentional touching of a person without his or her consent

Defamation

Any statement that is not true that injures a persons reputation

Domestic Violence

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

False Imprisonment

Unlawful restraint or restriction of a person's freedom of movement

Financial Abuse

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

Involuntary Seclusion

The separation of a person from others against the person's will

Libel

Written defamation

Malpractice

Professional misconduct that results in damage or injury to a person

Negligence

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

Passive Neglect

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

Physical Abuse

Any treatment, intentional or not, that causes harm to a person's body

Psychological Abuse

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

Sexual Abuse

Any sexual contact that is forced upon a person against his or her will

Sexual Harassment

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

Slander

Defamation in oral form

Substance Abuse

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

Verbal Abuse

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

Workplace Violence

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

What should a nursing assistant do if he sees or suspects that a resident is being abused?

(A) The NA should report it to the supervisor and document it at once

(B) The NA should keep watching the resident until he is sure he is correct

(C) The NA should ignore it unless the resident complains about it

(D) The NA should confront the abuser immediately

(A) The NA should report it to the supervisor and document it at once

If a resident wants to make a complaint of abuse, the nursing assistant's responsibility is to

(A) Investigate that the abuse has really occurred

(B) Assist the resident in every possible way

(C) Counsel the resident to help him or her get over the abuse

(D) Ask other residents if they have seen any abuse occurring

(B) Assist the resident in every possible way

An example of sexual abuse is

(A) A nursing assistant ignores a resident's call light

(B) A nursing assistant shows a resident a pornographic magazine

(C) A nursing assistant leaves a resident alone in his room and does not check on him

(D) A nursing assistant screams at a resident

(B) A nursing assistant shows a resident a pornographic magazine

An example of financial abuse is

(A) A nursing assistant loudly announces in the hallway that a resident has "wet his bed again"

(B) A nursing assistant makes fun of a resident's religion

(C) A nursing assistant receives money from a resident to get a faster response time when the resident calls

(D) A nursing assistant hits a resident when the resident yells at him

(C) A nursing assistant receives money from a resident to get a faster response time when the resident calls

An example of psychological abuse is

(A) A nursing assistant pushes a resident to get to the bathroom more quickly

(B) A nursing assistant tells a resident he needs money for school

(C) A nursing assistant forces a resident to rub up against her

(D) While giving care to a resident, a nurse assistant tells him he smells bad

(D) While giving care to a resident, a nurse assistant tells him he smells bad

Ignoring a call light is not considered abuse or neglect

False

Broken bones, burns, and bruising are all possible signs of abuse

True

Weight loss can be a sign of neglect

True

Similar injuries that occur repeatedly probably just mean that the resident is clumsy

False

If a resident shows you fear or anxiety when a certain caregiver is present, this may be a sign of abuse

True

Mood swings and depression are always caused by illness or chemical imbalance

False

If a resident is not clean or smells like urine, it probably just means he does not like to bathe

False

Pressure ulcers on a resident's body can indicate neglect

True

If a resident's family is concerned that abuse is occurring, it is considered a possible sign of abuse

True

If a nursing assistant only suspects abuse, she should wait until she is sure it happening before reporting it

False

What is the first thing that normally happens when a report of nursing assistant abuse has been made?

(A) The NA is fired

(B) The NA is suspended

(C) The NA is taken into custody

(D) The NA is transferred to another facility until the investigation is completed

(B) The NA is suspended

Which of the following is a step taken after a claim of abuse against a nursing assistant has been made?

(A) An investigation is preformed

(B) The nursing assistant is charged with a crime

(C) The resident is relocated to another facility

(D) The facility is closed to the public

(A) An investigation is preformed

If the claim of abuse is proven to be true, what happens?

(A) The NA is placed in the abuse registry in addition to other possible penalties

(B) The resident is moved to another facility

(C) The NA is transferred to another facility in another state

(D) The facility is cited for negligence

(A) The NA is placed in the abuse registry in addition to other possible penalties

What is an ombudsman ?

The legal advocate for residents. The ombudsman visits the facility and listens to its residents. He or she decides what cause of action to take if there is a problem. Helps settle the disputes or conflict.

Which other people or organizations can a resident or his family contact for help or to make a complaint?

Groups of specially selected people may also investigate reports. Also state agencies that can assist peoples concerns(Ex. State Department of Health and Human Services)

Why was the Health Insurance Portability and Accountability Act(HIPAA) created?

(A) To protect the privacy of health information

(B) To reduce instances of abuse in facilities

(C) To address infection prevention issues in facilities

(D) To ensure that elderly people have health insurance

(A) To protect the privacy of health information

What is included under a persons private health information(PHI)?

(A) The persons activity preferences

(B) The persons social security number

(C) The persons favorite food

(D) The persons favorite color

(B) The persons social security number

What is the correct response by a nursing assistant if someone who is not directly involved with a residents care asks for a resident's PHI?

(A) The NA should report the request to the resident

(B) The NA should ask the residents family if it is okay to share the information

(C) The NA should tell them that the information is confidential and cannot be given

(D) The NA should give the person the information

(C) The NA should tell them that the information is confidential and cannot be given

Which of the following is a way to keep private health information confidential?

(A) Discussing a resident's care with a coworker in a restaurant

(B) Posting information on Twitter

(C) Only discussing residents with family and friends

(D) Logging out or exiting the web browser when finished with computer work

(D) Logging out or exiting web browser finished with computer work

Which of the following is considered an invasion of a residents privacy?

(A) A nursing assistant tells her supervisor that she thinks a resident is starting to develop a pressure ulcer

(B) A nursing assistant shows her husband a photo of a new resident in her care

(C) A nursing assistant documents a residents complaint of pain

(D) A nursing assistant refuses to share information about a resident with the resident's sister

(B) A nursing assistant shows her husband a photo of a new resident in her care

The abbreviation for a law that was enacted as a part of the American Recovery and Reinvestment Act of 2009 and helps expand the protection and security of consumers electronic health records(EHR) is called

(A) HISEAL

(B) HITECH

(C) HIHELP

(D) HIQUIET

(B) HITECH

A DNR order tells healthcare professionals to keep trying resuscitate a resident in the event of cardiac arrest

False

The Patient Self-Determination Act is meant to encourage people to make decisions about advance directives

True

Advance directives designate the kind of care people want in the event they are unable to make those decisions themselves

True

A living will designates the people who will inherit the residents estate when he or she dies

False

A durable power of attorney for health care appoints a person to make medical decisions for a resident in the event he or she becomes unable to do so

True

Facilities are required by Medicare and Medicaid to give residents and staff information about rights relating to advance directives

True