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CNA Unit 2
Ethical and Legal Issues
| Term | Definition |
|---|---|
| Ethics | Knowledge of what is right & wrong; they help guide conduct. |
| Laws | Rules set by the government to help protect the public. |
| Criminal Laws | Public law; law related to committing a crime against the community. |
| Civil Laws | Private law; law between individuals. |
| Etiquette | the code of proper behavior and courtesy in a certain setting. |
| OBRA | (Omnibus Budget Reconciliation Act) Passed in 1987, set standards for NA training, staffing requirements, residents assessment instructions, & information on rights for residents. |
| NATCEP | (Nurse Aide Training and Competency Evaluation Program) part of OBRA, sets minimum requirements for training and testing NA's. |
| Scope of Practice | Specifies the tasks that NA are legally permitted to perform according to state or federal law. |
| Residents' Rights | How residents must be treated while living in a long-term care facility; they provide an ethical code of conduct for healthcare workers. |
| Resident Council | A group of residents who meet regularly to discuss issues related to the long-term care facility. |
| Misappropriation | The deliberate misplacement, exploitation, or improper use of residents'belongings or money without the resident's consent. |
| Exploitation | The act of taking advantage of a person for personal gain through threats or manipulation. |
| Eviction | Involuntary discharge of a resident. |
| Abuse | Purposeful or willful mistreatment that causes physical, mental, emotional, or financial pain or injury to a person. |
| Mistreatment | The inappropriate treatment or exploitation of a resident. |
| 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. |
| Verbal Abuse | The use of spoken or written words, pictures, or gestures that threaten, embarrass, or insult a person. |
| Sexual Abuse | Nonconsensual sexual contact of any type. |
| Financial Abuse | The improper or illegal use of a person's money, possessions, property, or other assets. |
| Assault | A threat to harm a person, resulting in the person feeling fearful that she will be harmed |
| Battery | The intentional touching of a person without their consent. |
| Domestic Violence | Abuse by spouses, intimate partners, or family members. Physical, sexual, or emotional abuse. |
| Intimate Partner Violence (IPV) | Physical, sexual, or emotional harm caused by a partner or spouse |
| Workplace Violence | Abuse of staff by other staff members, residents, or visitors. Verbal, physical, or sexual abuse. |
| False Imprisonment | Unlawful restraint that affects a person's freedom of movement; includes both the threat of being physically restrained and actually being physically restrained. |
| Involuntary Seclusion | The separation of a person from others against the person's will. |
| Sexual Harassment | Any unwelcome sexual advance or behavior that creates an intimidating, hostile, or offensive working environment. |
| Substance Abuse | The repeated use of legal or illegal drugs, cigarettes, or alcohol in a way that causes harm to oneself or others. |
| Defamation | Any untrue statement written or oral that injures a person's reputation and or damages the person's ability to make a living. |
| Libel | Defamation in written form. |
| Slander | Defamation in oral form. |
| Neglect | The failure to provide necessary care or services, resulting in physical, mental, or emotional harm to a person. |
| Negligence | Actions, or failure to act or give proper care to a person, resulting in unintended injury. |
| Malpractice | Professional misconduct that result in damage or injury to a person. |
| Mandated Reporters | People who are required to report suspected or observed abuse or neglect because they have regular contact with vulnerable people. |
| Ombudsman | Legal advocate for residents. |
| HIPPA | (Health Insurance Portability and Accountability Act). Law sets standards for protecting the privacy of patients' health information. |
| Electronic Health Records (EHR) | Electronic form of a resident's personal and health data that is used to manage and coordinate to a resident's health care. |
| Protected Health Information (PHI) | Information that can be used to identify a person and relates to their past, present, or future physical or mental condition, including any health care the patient has had, or payment for that health care. |
| Invasion of Privacy | Violating a person's right to be left alone or exposing information about that person without their consent. |
| Advance Directives | Legal documents that allow people to decide what kind of medical care they wish to have in case in the event they are unable to make those decisions themselves. |
| Living Will | The medical care a person wants. or does not want, in case they become unable to make those decisions. |
| Durable Power of Attorney for Health Care | A signed, dated, and witnessed legal document that appoints someone to make the medical decisions for a person in the event he becomes unable to do so. |
| DNR (Do Not Resuscitate) | Instructs medical professionals not to perform CPR in the event of cardiac or respiratory arrest. |