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Nursing Assistant 2
Ethical and Legal Issues
| Term | Definition |
|---|---|
| abuse | purposeful or willful mistreatment that causes physical, mental, emotional, or financial pain or injury to a person |
| advance directives | legal documents that allow people to decide what kind of medical care they wish to have in the event they are unable to make those decisions themselves |
| assault | a threat to harm a person, resulting in the person feeling fearful that he will be harmed |
| battery | the intentional touching of a person without their consent |
| civil law | private law; law between individuals |
| criminal law | public law; law related to committing a crime against the community |
| defamation | any untrue statement that harms a person's reputation and/or damages the person's ability to make a living |
| DNI | abbreviation for do not intubate; a medical order that tells medical professionals not to place a breathing tube in a person |
| DNR | abbreviation for do not resuscitate; a medical order that tells medical professionals not to preform CPR in the event of cardiac or respiratory arrest |
| domestic violence | physical, sexual, or emotional abuse by spouses, intimate partners, or family members |
| durable power of attorney for health care | legal document that appoints someone to make the medical decisions for a person in the event he becomes unable to do so |
| electronic health record | the electronic form of a resident's personal and health data that is used to manage and coordinate a resident's health care |
| ethics | the knowledge of right and wrong; standards of conduct |
| etiquette | the code of proper behavior and courtesy in a certain setting |
| eviction | involuntary discharge from a facility |
| exploitation | the act of taking advantage of a person for personal gain through threats or manipulation |
| 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 |
| financial abuse | improper or illegal use of a person's money, possessions, property, or other assets |
| HIPAA | abbreviation for Health Insurance Portability and Accountability Act; a federal law that sets standards for protecting the privacy of patients' health information |
| intimate partner violence (IPV) | physical, sexual, or emotional harm caused by a partner or spouse |
| invasion of privacy | the violation of the right to be left alone and the right to control personal information |
| involuntary seclusion | the separation of a person from others against the person's will |
| laws | rules set by the government to help protect the public |
| libel | defamation in written form |
| living will | a document that states the medical care a person wants, or does not want, in case she becomes unable to make those decisions |
| malpractice | professional misconduct that results in damage or injury to a person |
| mandated reporters | people who are required to report suspected or observed abuse or neglect due to their regular contact with vulnerable populations, such as the elderly in long-term care facilities |
| misappropriation | the deliberate misplacement, exploitation, or improper use of a person's belongings or money without the person's consent |
| mistreatment | the inappropriate treatment or exploitation of a resident |
| NATCEP | abbreviation for Nurse Aide Training and Competency Evaluation Program; part of the Omnibus Budget Reconciliation Act (OBRA) that sets minimum requirements from training and testing nursing assistants |
| neglect | the failure to provide necessary care or services, resulting in physical, mental, or emotional harm to a person |
| negligence | actions, or the failure to act or provide proper care for a person, resulting in unintended injury |
| OBRA | abbreviation for Omnibus Budget Reconciliation Act; a law passed by the federal government that includes minimum standards for nursing assistant training, staffing requirements, resident assessment instructions, and information on rights for residents |
| ombudsman | a legal advocate for residents in long-term care facilities |
| physical abuse | any treatment, intentional or not, that causes harm or injury to a person's body |
| protected health information (PHI) | information that can be used to identify a person and relates the the patient's condition, including any health care the person has had, and payment for that health care |
| psychological abuse | emotional harm caused by threatening, frightening, isolation, intimidating, humiliating, or insulting a person |
| resident council | a group of residents who meet regularly to discuss issues related to the long-term facility |
| residents' rights | rights identified in the Omnibus Budget Reconciliation Act that relate to how residents must be treated while living in a long-term care facility; they provide an ethical code of conduct for healthcare workers |
| scope of practice | the tasks that healthcare providers are legally\\y permitted to perform according to state or federal law |
| sexual abuse | non consensual sexual contact of any type |
| sexual harassment | any unwelcome sexual advance or behavior that creates and intimidating, hostile, or offensive working environment |
| slander | defamation in oral form |
| substance abuse | the repeated use of legal or illegal substances in a way that is harmful to oneself or others |
| verbal abuse | the use of language, pictures, pr gestures that threaten, embarrass, or insult a person |
| workplace violence | verbal, physical, or sexual abuse of staff by other staff members, residents or visitors |
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