Nurse Aide I Course

1. Ethical and Legal Issues Unit 5 Nurse Aide I Course DFS Approved Curriculum-Unit 5

2. Ethical and Legal IssuesIntroduction As a member of the health care team, the nurse aide will frequently be faced with ethical and legal decisions that govern his or her actions. A knowledge of ethical standards, resident’s rights and legal issues are important for the protection of nurse aides, employers, and residents. DFS Approved Curriculum-Unit 5

3. Ethics DFS Approved Curriculum-Unit 5

4. Objectives 5.0 Define ethics. 5.1 List at least six basic rules of ethics for the nurse aide. DFS Approved Curriculum-Unit 5

5. Ethics • Discipline concerned with right or wrong conduct • Guides to moral behavior • Making choices or judgments DFS Approved Curriculum-Unit 5

6. Nurse Aide Ethical Standards • Show respect for each resident as an individual • Understand the limits of role • Perform only acts for which adequately prepared • Perform acts only within legal scope of nurse aide DFS Approved Curriculum-Unit 5

7. Nurse Aide Ethical Standards(continued) • Carry out assignments to best of ability • Be loyal: • Maintain a positive attitude toward institution that employs you • Support co-workers DFS Approved Curriculum-Unit 5

8. Nurse Aide Ethical Standards(continued) • Be responsible citizen at all times • Respect others • Respect values that differ from yours DFS Approved Curriculum-Unit 5

9. Objective 5.1.2 Identify the kind of information that should be kept confidential. DFS Approved Curriculum-Unit 5

10. Nurse Aide Ethical Standards(continued) • Resident information should be kept confidential • Discuss only in appropriate places • Discuss only with proper people • Refer questions from residents about their condition to supervisor DFS Approved Curriculum-Unit 5

11. Nurse Aide Ethical Standards(continued) • Resident information should be kept confidential (continued) • Refer questions about resident’s death to supervisor • Respect personal religious beliefs DFS Approved Curriculum-Unit 5

12. Nurse Aide Ethical Standards(continued) • Respect privacy of others: • while dressing • while performing personal hygiene • during examination or treatment • during visits with clergy • during visits with spouse or significant other DFS Approved Curriculum-Unit 5

13. Nurse Aide Ethical Standards(continued) • Put resident’s needs ahead of your own • Be sincere, honest and trustworthy in performance of duties • caring and concerned • “golden rule” DFS Approved Curriculum-Unit 5

14. Objective 5.1.3 Explain why nurse aides should not accept monetary tips for a health care service. DFS Approved Curriculum-Unit 5

15. Nurse Aide Ethical Standards(continued) • Do not accept monetary tips • Residents are paying for service • You are paid to provide service • Do not discriminate regardless of race, creed, color, age, financial resources • Provide care based on need DFS Approved Curriculum-Unit 5

16. Nurse Aide Ethical Standards(continued) • Do not accept monetary tips (continued) • Display tactful and courteous refusal of tips • Display continued desire to be helpful DFS Approved Curriculum-Unit 5

17. Age Appropriate Behavior DFS Approved Curriculum-Unit 5

18. Objective 5.2 Demonstrate skills supporting age appropriate behavior by encouraging the resident to make personal choices, and by providing and reinforcing other resident’s dignity. DFS Approved Curriculum-Unit 5

19. Age Appropriate Behavior • Dependent elderly residents are not children • If resident seen as a child • If resident treated as a child • Then resident behaves as a child DFS Approved Curriculum-Unit 5

20. Age Appropriate Behavior(continued) • Residents are treated as adults in manner appropriate to person’s age • Age-appropriate considerations: • Recreational activities • Social activities • Style of dress • Hair style and grooming DFS Approved Curriculum-Unit 5

21. Age Appropriate Behavior(continued) • Guidelines for Nurse Aide • Address resident in a dignified way • Listen to what resident has to say • Converse with resident in an adult manner • Respect resident’s privacy DFS Approved Curriculum-Unit 5

22. Age Appropriate Behavior(continued) • Guidelines for Nurse Aide (continued) • Don’t ignore or humor resident • Explain what care you are going to give • Promote resident independence • Treat resident as you would want to be treated DFS Approved Curriculum-Unit 5

23. Age Appropriate Behavior(continued) • Guidelines for Nurse Aide (continued) • Encourage resident to make choices: • select clothing to wear • select books to read • select television programs to watch DFS Approved Curriculum-Unit 5

24. Age Appropriate Behavior(continued) • Guidelines for Nurse Aide (continued) • Encourage resident to make choices: • select food and nourishments • select activities of interest • select friends DFS Approved Curriculum-Unit 5

25. Age Appropriate Behavior(continued) • Guidelines for Nurse Aide (continued) • Recognize value of past experience • Praise age appropriate accomplishments • Encourage adult behavior DFS Approved Curriculum-Unit 5

26. Legal Issues DFS Approved Curriculum-Unit 5

27. Objective 5.3 List six legal responsibilities of a nurse aide. DFS Approved Curriculum-Unit 5

28. Legal Issues • Authorized or based on law • Legislated by state and federal government • Liable if laws not obeyed • Fines • Imprisonment DFS Approved Curriculum-Unit 5

29. Legal Issues(continued) • No fear of breaking laws if nurse aide: • performs only acts within scope of nurse aide • keeps skills and knowledge current • keeps resident’s safety and well-being in mind • understands directions for care DFS Approved Curriculum-Unit 5

30. Legal Issues(continued) • No fear of breaking laws if nurse aide: • follows facility policy • does no harm to residents or their belongings • Laws designed to protect public welfare DFS Approved Curriculum-Unit 5

31. Objective 5.3.1 Give examples of malpractice and negligence. DFS Approved Curriculum-Unit 5

32. Legal Issues: Civil Law Examples Of Torts • Malpractice • Giving care for which you are not allowed legally to do • Providing improper care DFS Approved Curriculum-Unit 5

33. Legal Issues: Civil Law Examples Of Torts(continued) • Malpractice • Example: nurse aide giving medication • Example: nurse aide performing treatment only allowed by licensed nurses DFS Approved Curriculum-Unit 5

34. Legal Issues: Civil Law Examples Of Torts(continued) • Negligence • Unintentional wrong • Failure to perform in reasonably prudent manner DFS Approved Curriculum-Unit 5

35. Legal Issues: Civil Law Examples Of Torts(continued) • Negligence • Example: brakes on a wheelchair not locked and resident falls • Example: defective equipment not reported and resident is harmed DFS Approved Curriculum-Unit 5

36. Legal Issues: Civil Law Examples Of Torts(continued) • Assault • Care or treatment without proper consent (intentional) • Threatening to injure a resident or co-worker DFS Approved Curriculum-Unit 5

37. Legal Issues: Civil Law Examples Of Torts(continued) • Assault • Example: rough treatment of residents during care • Example: performing procedure resident has refused • Example: threatening to restrain resident DFS Approved Curriculum-Unit 5

38. Legal Issues: Civil Law Examples Of Torts(continued) • Battery • Unlawful touching of another person without his or her consent DFS Approved Curriculum-Unit 5

39. Legal Issues: Civil Law Examples Of Torts(continued) • Battery • Example: nurse aide striking resident • Example: does procedure resident refuses DFS Approved Curriculum-Unit 5

40. Legal Issues: Civil Law Examples Of Torts(continued) • Battery • Get informed consent • Written – safest • Verbal • Gesture DFS Approved Curriculum-Unit 5

41. Legal Issues: Civil Law Examples Of Torts(continued) • Invasion of privacy • Unnecessary exposure of individual • Revealing personal information without consent DFS Approved Curriculum-Unit 5

42. Legal Issues: Civil Law Examples Of Torts(continued) • Invasion of privacy • Example: giving news media information without resident’s permission • Example: giving information to insurance company without permission DFS Approved Curriculum-Unit 5

43. Legal Issues: Civil Law Examples Of Torts(continued) • False imprisonment • Restraining an individual • Restricting resident’s freedom DFS Approved Curriculum-Unit 5

44. Legal Issues: Civil Law Examples Of Torts(continued) • False imprisonment • Example: use of physical restraints without authorization or justification • Example: preventing resident from leaving facility against resident’s will DFS Approved Curriculum-Unit 5

45. Legal Issues: Civil Law Examples Of Torts(continued) • Defamation • False statements that cause a resident to be ridiculed or cause damage to their reputation • Example: slander – spoken • Example: libel – written DFS Approved Curriculum-Unit 5

46. Objective 5.3.2 Identify the responsibilities of the nurse aide when a resident wishes to make a will. DFS Approved Curriculum-Unit 5

47. Wills • Legal document giving direction on how resident wants property distributed after death • Refer requests to prepare will to supervisor • Nurse aide may witness signing of will • Check facility policy • Discuss with supervisor DFS Approved Curriculum-Unit 5

48. Residents' Rights DFS Approved Curriculum-Unit 5

49. Objective 5.4 Support the resident’s right to make personal choices to accommodate individual needs. DFS Approved Curriculum-Unit 5

50. Residents’ Rights • Basic Human Rights • Protected by Constitution • Laws clarify these rights: • Right to be treated with respect • Right to live in dignity • Right to pursue a meaningful life • Right to be free of fear DFS Approved Curriculum-Unit 5