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1. Define important words in this chapter

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1 1. Define important words in this chapter
abuse purposeful mistreatment that causes physical, mental, emotional, or financial pain or injury to a person. active neglect purposeful failure to provide needed care, resulting in physical, mental, or emotional harm to a person. advance directives legal documents that allow people to decide what kind of medical care they wish to have if they are unable to make those decisions themselves. assault a threat to harm a person, resulting in the person feeling fearful that he or she will be harmed.

2 1. Define important words in this chapter
battery the intentional touching of a person without his or her consent. civil law private law; law between individuals. criminal law public law; related to committing a crime against the community. defamation any statement (written or oral) that is not true and injures a person’s reputation. DNR (do-not-resuscitate) an order that tells medical professionals not to perform CPR in the event of cardiac or respiratory arrest.

3 1. Define important words in this chapter
domestic violence physical, sexual, or emotional abuse by spouses, intimate partners, or family members. durable power of attorney for health care a legal document that appoints someone to make the medical decisions for a person in the event he or she becomes unable to do so. ethics the knowledge of right and wrong; standards of conduct. etiquette the code of proper behavior and courtesy in a certain setting.

4 1. Define important words in this chapter
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 (Health Insurance Portability and Accountability Act) a federal law that sets standards for protecting the privacy of patients’ health information. invasion of privacy a violation of the right to be left alone and the right to control personal information.

5 1. Define important words in this chapter
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 he or she becomes unable to make those decisions. malpractice professional misconduct that results in damage or injury to a person.

6 1. Define important words in this chapter
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 act of taking what belongs to someone else and using it illegally for one’s own gain. NATCEP (Nurse Aide Training and Competency Evaluation Program) part of the Omnibus Budget Reconciliation Act (OBRA) that sets minimum requirements for training and testing nursing assistants.

7 1. Define important words in this chapter
negligence actions, or the failure to act or provide proper care for a person, resulting in unintended injury. OBRA (Omnibus Budget Reconciliation Act) 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. passive neglect the unintentional failure to provide needed care, resulting in physical, mental, or emotional harm to a person.

8 1. Define important words in this chapter
physical abuse any treatment, intentional or unintentional, 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 to the patient’s past, present, or future physical or mental condition, including any health care that patient has had, or payment for that health care. psychological abuse emotional harm caused by threatening, frightening, isolating, intimidating, humiliating, or insulting a person. Residents’ Council a group of residents who meet regularly to discuss issues related to the long-term care facility.

9 1. Define important words in this chapter
Residents’ Rights rights identified in the Omnibus Budget Reconciliation Act (OBRA) 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 defines the tasks that healthcare providers are legally permitted to perform as allowed by state or federal law. sexual abuse the forcing of unwanted sexual acts or behavior on a person. sexual harassment any unwelcome sexual advance or behavior that creates an intimidating, hostile, or offensive working environment.

10 1. Define important words in this chapter
slander defamation in oral form. substance abuse the repeated use of legal or illegal drugs, cigarettes, or alcohol in a way that is harmful to oneself or others. verbal abuse the 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.

11 2. Define the terms law, ethics, and etiquette
Define the following terms: ethics the knowledge of right and wrong; standards of conduct. laws rules set by the government to help protect the public. criminal law public law; related to committing a crime against the community. civil law private law; law between individuals. etiquette the code of proper behavior and courtesy in a certain setting.

12 2. Define the terms law, ethics, and etiquette
Ethics help us make decisions at home, in the workplace, or in the community. In healthcare, ethics guide the people giving care. For example, keeping a resident’s information confidential is ethical behavior. It is also the law. In healthcare, laws protect those receiving care. For example, there is a law against stealing a resident’s belongings.

13 2. Define the terms law, ethics, and etiquette
Etiquette is the code of proper behavior and courtesy in a certain setting. For example, identify yourself when you answer the phone at your facility. Ask, “How may I help you?” This is proper telephone etiquette.

14 3. Discuss examples of ethical and professional behavior
Professional and ethical behavior is vital to the safety of residents. Remember the following guidelines for legal and ethical behavior that nursing assistants must follow: Keep all resident and staff information confidential. Be honest at all times. Be trustworthy. Do not accept gifts or tips. Report abuse or suspected abuse of residents.

15 3. Discuss examples of ethical and professional behavior
Guidelines for legal and ethical behavior for nursing assistants (cont’d): Do not report to work under the influence of alcohol or drugs. Follow all facility policies, rules, and procedures. Do assigned tasks. Report mistakes promptly. Be positive, professional, and tactful. Treat all residents with respect and be empathetic. Be patient.

16 4. Describe a nursing assistant code of ethics
Many facilities have adopted a formal code of ethics. This helps their employees deal with issues of right and wrong. All facility codes of ethics revolve around the idea that the resident is a valuable person who deserves ethical care.

17 Transparency 2-1: Nursing Assistant Code of Ethics
I will strive to provide and maintain the highest quality of care for my residents. I will fully recognize and follow all of the Residents’ Rights. I will communicate well, serve on committees, and read all material as provided and required by my employer. I will attend educational in-services, and join organizations relevant to nursing assistant care. I will show a positive attitude toward my residents, their family members, staff, and other visitors. I will always provide privacy for my residents. I will maintain confidentiality of resident, staff, and visitor information. I will be trustworthy and honest in all dealings with residents, staff, and visitors.

18 Transparency 2-1: Nursing Assistant Code of Ethics (cont'd)
I will strive to preserve resident safety. I will report mistakes I make, along with anything that I deem dangerous, to the right person(s). I will have empathy for my residents, other staff, and all visitors, giving support and encouragement when needed. I will respect all people, without regard to age, gender, ethnicity, religion, economic situation, sexual orientation, or diagnosis. I will never abuse my residents in any way. I will always report any suspected abuse to the proper person immediately. I will strive to have the utmost patience with all people at my facility.

19 4. Describe a nursing assistant code of ethics
Think about these questions: Why is a code of ethics important for nursing assistants? Is there anything you would add to this code of ethics?

20 5. Explain the Omnibus Budget Reconciliation Act (OBRA)
Define the following terms: OBRA (Omnibus Budget Reconciliation Act) 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. NATCEP (Nurse Aide Training and Competency Evaluation Program) part of the Omnibus Budget Reconciliation Act (OBRA) that sets minimum requirements for training and testing nursing assistants. scope of practice defines the tasks that healthcare providers are legally permitted to perform as allowed by state or federal law.

21 5. Explain the Omnibus Budget Reconciliation Act (OBRA)
The Omnibus Budget Reconciliation Act (OBRA) was passed in It has been updated many times since then. OBRA was written in response to reports of poor care and abuse in long-term care facilities. Congress decided to set minimum standards of care. This included standardizing training of nursing assistants.

22 5. Explain the Omnibus Budget Reconciliation Act (OBRA)
Think about these questions: Why would creating minimum standards for nursing assistant training be important? What kind of training could help prevent poor care and abuse of residents?

23 5. Explain the Omnibus Budget Reconciliation Act (OBRA)
OBRA regulations are important to the nursing assistant practice for many reasons, including the following: Give recognition through certification and registration Help define the nursing assistant’s scope of practice Provide better uniformity of care Promote educational standards

24 5. Explain the Omnibus Budget Reconciliation Act (OBRA)
OBRA requires that the Nurse Aide Training and Competency Evaluation Program (NATCEP) set minimum requirements for nursing assistants. Nursing assistants must complete at least 75 hours of training. However, programs may exceed these minimums. Many states require 80 to 150 program hours in theory and clinical skills.

25 6. Explain Residents’ Rights
Define the following terms: Residents’ Rights rights identified in the Omnibus Budget Reconciliation Act (OBRA) 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. Residents’ Council a group of residents who meet regularly to discuss issues related to the long-term care facility. misappropriation the act of taking what belongs to someone else and using it illegally for one’s own gain.

26 6. Explain Residents’ Rights
REMEMBER: A nursing assistant should be very familiar with Residents’ Rights. They are legal rights and understanding and respecting them is an important part of every NA’s job.

27 6. Explain Residents’ Rights
Residents’ Rights include the following: Quality of life Services and activities to maintain a high level of wellness Full information about rights and services Participation in their own care Independent choices Privacy and confidentiality

28 6. Explain Residents’ Rights
Residents’ Rights (cont’d): Dignity, respect, and freedom Security of possessions Rights with transfers and discharges Right to complain Visits Rights with regard to social services

29 Handout 2-1: Decision Quiz
Choices I have made today include the following: 1.__________________________________________ 2.__________________________________________ 3.__________________________________________ 4.__________________________________________ 5.__________________________________________ 6.__________________________________________

30 6. Explain Residents’ Rights
Think about these questions: Why do you want to make your own decisions? What would it feel like if you were not able to make all of your own choices? How do Residents’ Rights guarantee that residents can continue to make many decisions about their own lives?

31 7. Explain types of abuse and neglect
Define the following terms: abuse purposeful mistreatment that causes physical, mental, emotional, or financial pain or injury to a person. physical abuse any treatment, intentional or unintentional, that causes harm or injury 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 language—spoken or written—that threatens, embarrasses, or insults a person.

32 7. Explain types of abuse and neglect
Define the following terms: sexual abuse the forcing of unwanted sexual acts or behavior on a person. financial abuse 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 he or she will be harmed. battery the intentional touching of a person without his or her consent.

33 7. Explain types of abuse and neglect
Define the following terms: domestic violence physical, sexual, or emotional abuse by spouses, intimate partners, or family members. workplace violence verbal, physical, or sexual abuse of staff by other staff members, residents, or visitors. 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.

34 7. Explain types of abuse and neglect
Define the following terms: 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 is harmful to oneself or others. defamation any statement (written or oral) that is not true and injures a person’s reputation.

35 7. Explain types of abuse and neglect
Define the following terms: libel defamation in written form. slander defamation in oral form. active neglect purposeful failure to provide needed care, resulting in physical, mental, or emotional harm to a person. passive neglect the unintentional failure to provide needed care, resulting in physical, mental, or emotional harm to a person.

36 7. Explain types of abuse and neglect
Define the following terms: negligence actions, or the failure to act or provide proper care for a person, resulting in unintended injury. malpractice professional misconduct that results in damage or injury to a person.

37 7. Explain types of abuse and neglect
REMEMBER: Preventing abuse and neglect is a very important part of Residents’ Rights. In order to do this, it helps if an NA understands more about the different types of abuse and neglect.

38 7. Explain types of abuse and neglect
REMEMBER: NAs are legally required to report any observed or suspected abuse of residents and assist residents who wish to make a complaint of abuse in every way possible.

39 8. Recognize signs and symptoms of abuse and neglect
Define the following term: 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.

40 8. Recognize signs and symptoms of abuse and neglect
REMEMBER: Nursing assistants are considered mandated reporters.

41 8. Recognize signs and symptoms of abuse and neglect
Signs of physical abuse include the following: • Broken bones • Bruises, contusions, and welts • Similar injuries that occur repeatedly • Burns of unusual shape and in unusual locations • Bite marks or scratches • Unexplained weight loss • Dehydration • Dry, cracked, torn or bleeding skin • Missing hair

42 8. Recognize signs and symptoms of abuse and neglect
Signs of physical abuse (cont’d): • Broken or missing teeth • Blood in underwear • Bruising, bleeding, or discharge from the genital area • Depression or withdrawal • Mood swings • Fear and anxiety, especially when a caregiver is present • Fear of being left alone

43 8. Recognize signs and symptoms of abuse and neglect
Signs of neglect include the following: Pressure ulcers Weight loss, poor appetite Dehydration Frequent complaints of hunger or thirst Strong smell of urine Unclean body Dirty, matted, or unstyled hair

44 8. Recognize signs and symptoms of abuse and neglect
Signs of neglect (cont’d): Ragged or dirty fingernails Soiled clothes or bed linens or incontinence briefs not being changed Ripped or torn clothing Damaged or poorly fitting hearing aids, eyeglasses, dentures Unanswered call lights

45 8. Recognize signs and symptoms of abuse and neglect
Other signs of abuse may include the following: Missing doctor appointments Changing doctors frequently Wearing makeup or sunglasses to hide injuries Family concern that abuse is occurring Resident not taking medication Private conversations not allowed, or the caregiver/family member is present during all conversations

46 Handout 2-2: Who is Vulnerable to Abuse and Neglect?

47 Handout 2-2: Who is Vulnerable to Abuse and Neglect? (cont'd)
Some people are more vulnerable to adult abuse or neglect than others. They include the following: • The elderly • The physically ill or disabled • The developmentally disabled • The mentally ill or disabled • People with communication problems, such as hearing, speech, and vision impairments All of these people have a few things in common that make them so vulnerable. They are often unable to stand up for themselves or to report abuse or neglect to others. They may not even understand that they have rights. Often these people can be much more demanding to care for, which increases caregivers’ stress. Caregivers may not have been properly trained to care for these particular people, and they may not understand why these people behave the way they do. Caregivers may also be overworked, tired, stressed, and unappreciated, on top of caring for someone who requires so much time and energy. These are the people who most need your help and protection from harm. They may not be able to speak for themselves, but the signs of abuse and neglect may speak volumes for them, if you just know how to recognize these signs.

48 9. Describe the steps taken if a nursing assistant is suspected of abuse
REMEMBER: When a report of abuse by a nursing assistant is made, the NA is usually suspended immediately. The NATCEP (Nurse Aide Training and Competency Evaluation Program) is notified, as well as the facility administrator. Adult Protective Services (APS) may be notified as well.

49 9. Describe the steps taken if a nursing assistant is suspected of abuse
The following steps are taken after a report of abuse by a nursing assistant: Investigation Notification Hearing Decision of hearing Appeals process

50 9. Describe the steps taken if a nursing assistant is suspected of abuse
REMEMBER: If abuse is found to have occurred, the nursing assistant is placed on the abuse registry in addition to other possible penalties. Employers check this registry before hiring nursing assistants.

51 10. Discuss the ombudsman’s role
Define the following term: ombudsman a legal advocate for residents in long-term care facilities.

52 10. Discuss the ombudsman’s role
These are the typical duties of an ombudsman: • Advocates for Residents’ Rights and quality care • Educates consumers and care providers • Investigates and resolves complaints • Appears in court and/or legal hearings • Gives information to the public

53 11. Explain HIPAA and related terms
REMEMBER: One of the most important parts of a nursing assistant’s job is to keep resident information confidential.

54 11. Explain HIPAA and related terms
Think about this question: What negative consequences could happen if an NA does not protect the privacy of residents’ information?

55 11. Explain HIPAA and related terms
Define the following terms: HIPAA (Health Insurance Portability and Accountability Act) a federal law that sets standards for protecting the privacy of patients’ health information. protected health information (PHI) information that can be used to identify a person and relates to the patient’s past, present, or future physical or mental condition, including any health care that patient has had, or payment for that health care. invasion of privacy a violation of the right to be left alone and the right to control personal information.

56 11. Explain HIPAA and related terms
The Health Insurance Portability and Accountability Act (HIPAA) was passed in This law sets standards for protecting the privacy of patients’ health information. It identifies certain protected health information (PHI) that must remain confidential.

57 11. Explain HIPAA and related terms
HITECH (Health Information Technology for Economic and Clinical Health) became law at the end of It is a way to expand the protection of electronic health records (EHR). The HITECH Act increases civil and criminal penalties for sharing PHI and expands the ability to enforce these penalties.

58 11. Explain HIPAA and related terms
Remember these ways that NAs can keep PHI confidential: Do not give out health information on the phone except to approved staff members. Do not give personal information to visitors. Do not share medical records with anyone other than the care team. Do not discuss residents in public areas. Do not bring family or friends to the facility. Double-check fax numbers and use cover sheets. Return charts to proper place after use. Dispose of personal notes regarding resident care prior to leaving work for the day.

59 11. Explain HIPAA and related terms
Ways that NAs can keep PHI confidential (cont’d): Log out and exit web browser when finished with computer work. Do not include private information in s. Do not share resident information on any social networking site (e.g., Facebook or Twitter). Do not takes photos of residents and share them with anyone, including via cell phones, , social networking sites, or other websites. Give documents found with resident’s information to the nurse.

60 11. Explain HIPAA and related terms
REMEMBER: There are serious penalties, including fines and even prison time, for not following HIPAA guidelines.

61 12. Discuss The Patient Self-Determination Act (PSDA) and advance directives
Define the following terms: advance directives legal documents that allow people to decide what kind of medical care they wish to have if they are unable to make those decisions themselves. living will a document that states the medical care a person wants, or does not want, in case he or she becomes unable to make those decisions.

62 12. Discuss The Patient Self-Determination Act (PSDA) and advance directives
Define the following terms: durable power of attorney for health care a legal document that appoints someone to make the medical decisions for a person in the event he or she becomes unable to do so. Do-not-resuscitate (DNR) an order that tells medical professionals not to perform CPR in the event of cardiac or respiratory arrest.

63 12. Discuss The Patient Self-Determination Act (PSDA) and advance directives
The Patient Self-Determination Act (PSDA) is a federal law originally passed in The PSDA requires all healthcare agencies receiving Medicare and Medicaid money to give adults, during admission or enrollment, information about their rights relating to advance directives.

64 12. Discuss The Patient Self-Determination Act (PSDA) and advance directives
Think about this question: What are some examples of advance directives and why are they important?

65 Exam 1 Multiple Choice. Choose the correct answer.
1. Which of the following statements is true of ethics? (A) Ethics are rules set by the government to protect people. (B) Ethics are the knowledge of what is right and wrong. (C) Misdemeanors are examples of ethics. (D) Ethics do not apply to healthcare workers. 2. Which of the following statements is true of criminal laws? (A) They protect society from harmful people or organizations. (B) They relate to resolving disputes between individuals. (C) They include any crime which is not a felony. (D) They are the code of proper behavior and courtesy in a certain setting.

66 Exam 1 (cont'd) 3. Which of the following is an example of professional and ethical behavior by a nursing assistant? (A) Keeping quiet if he makes a mistake (B) Documenting care accurately and promptly (C) Telling his friend details about the residents he works with (D) Rushing a resident through tasks if there is not much time left in the nursing assistant’s shift 4. Which of the following is an example of unprofessional behavior by a nursing assistant? (A) Graciously accepting a gift from a favorite resident (B) Reporting all abuse or suspected abuse of residents (C) Coming to work every day on time (D) Being positive, pleasant, and tactful

67 Exam 1 (cont'd) 5. A code of ethics revolves around
(A) Getting tasks done as quickly as possible (B) Controlling costs in the facility (C) Valuing residents and giving ethical care (D) Sharing opinions and personal values with residents 6. An example of ethical behavior by a nursing assistant is (A) Keeping a resident’s information confidential (B) Not telling anyone when a mistake is made (C) Pretending to be a nurse in order to get residents to be more cooperative (D) Letting a resident know that the nursing assistant is having a bad day

68 Exam 1 (cont'd) 7. The Omnibus Budget Reconciliation Act (OBRA) was passed as a response to (A) Lack of funding for long-term care facilities (B) Reports of abuse and poor care in long-term care facilities (C) Complaints from long-term care facility staff about resident behavior (D) Nursing assistants being unable to pass competency examinations 8. How many hours of training does OBRA require for nursing assistants? (A) At least 150 hours (B) At least 100 hours (C) At least 75 hours (D) At least 50 hours

69 Exam 1 (cont'd) 9. Which of the following behaviors promotes Residents’ Rights? (A) Deciding which clothing a resident should wear if she takes too long to decide for herself (B) Letting residents know when they are eating too slowly (C) Providing privacy during all care procedures (D) Restricting visitors for uncooperative residents 10. Which of the following behaviors violates Residents’ Rights? (A) A nursing assistant tells stories about her favorite residents to her family. (B) A nursing assistant helps a resident resolve a complaint. (C) A nursing assistant informs a resident in advance about a change of roommate. (D) A nursing assistant encourages a resident to choose her clothing for the day.

70 Exam 1 (cont'd) 11. __________ means causing physical, mental, emotional, or financial pain or injury to someone. (A) Abuse (B) Assault (C) Battery (D) Malpractice 12. Threatening to harm a resident if he tells another caregiver about a problem is an example of which type of abuse? (A) Physical abuse (B) Psychological abuse (C) Financial abuse (D) Substance abuse

71 Exam 1 (cont'd) 13. Negligence is
(A) Threatening to touch a person without permission (B) Touching a person without permission (C) Actions or the failure to act or give care to a person, resulting in unintended injury (D) Insulting, humiliating, or treating a person as a child 14. If a nursing assistant sees or suspects that a resident is being abused, he must (A) Report it at once to his supervisor (B) Confront the abuser (C) Try to stop the abuse himself (D) Call the resident’s family to inform them

72 Exam 1 (cont'd) 15. Which of the following is a sign of abuse?
(A) Missing teeth or hair (B) Ripped clothing (C) Pressure ulcers (D) Unanswered call lights 16. Which of the following is a sign of neglect? (A) Burns shaped in certain ways (B) Weight loss (C) Changing doctors frequently (D) Wearing makeup to hide injuries

73 Exam 1 (cont'd) 17. Which of the following is a step taken when a nursing assistant is suspected of abuse? (A) A meeting of staff members and residents is held so that everyone can discuss the problem. (B) The nursing assistant continues to work while the investigation is being completed. (C) The name of the resident or staff member who reported the abuse is announced so opinions can be gathered. (D) The nursing assistant is suspended immediately and an investigation is completed. 18. Which of the following is an ombudsman’s responsibility? (A) Helping with resident care procedures (B) Assisting with resolving staff disputes (C) Investigating and resolving resident complaints (D) Organizing outings and activities for residents

74 Exam 1 (cont'd) 19. With whom may a nursing assistant share a resident’s health information? (A) Anyone who asks (B) Anyone who lives or works at the facility (C) The resident’s friends and family (D) Other care team members 20. One reason that the Health Insurance Portability and Accountability Act (HIPAA) was passed was to (A) Make sure nursing assistants receive adequate health insurance coverage (B) Protect privacy of health information (C) Ensure that care procedures are performed properly (D) Prevent abuse and neglect of residents

75 Exam 1 (cont'd) 21. Which of the following is the best way for a nursing assistant to keep residents’ health information confidential? (A) Discuss a resident’s information away from the facility so that other residents cannot hear it (B) Bring family and friends to the facility to meet the residents (C) Return charts to their proper place after use (D) Post updates about favorite residents on her Facebook page to avoid being overheard 22. A legal document that allows a person to decide what kind of medical care he wishes to have if he is unable to make those decisions himself is called a(n) (A) Will (B) Advance directive (C) CPR (D) Power of attorney

76 Exam 1 (cont'd) 23. What is the purpose of the Patient Self-Determination Act (PSDA)? (A) To offer in-service training for nursing assistants (B) To keep protected health information (PHI) private (C) To encourage people to make decisions about advance directives (D) To detail how abuse should be reported 24. Which of the following is an example of an advance directive? (A) Last Will and Testament (B) Power of Attorney (C) Divorce Decree (D) Durable Power of Attorney for Health Care

77 Exam 2 Multiple Choice. Choose the correct answer.
1. Which of the following statements is true of a living will? (A) A living will goes into effect when a resident dies and leaves a large estate that needs to be distributed. (B) A living will is an important part of a resident’s wishes regarding his inheritance. (C) A living will is a document that states the medical care a resident wants or does not want if he becomes unable to make those decisions. (D) A living will helps a resident decide who will manage his financial affairs when he is no longer able to do that. 2. Battery is a legal term that means (A) Someone has improperly used a resident’s money (B) Someone has used profanity with a resident (C) Someone has touched a resident without his consent (D) Someone has shared a resident’s protected health information with someone who is not on the care team

78 Exam 2 (cont’d) 3. When a physician issues a DNR order, it means that
(A) A resident should not be resuscitated (B) The resident’s family must be asked if they want the resident to be resuscitated (C) A doctor must be called before resuscitation is performed (D) The resident’s attorney must be contacted before resuscitation is done 4. ____________ is any written or oral statement that is untrue and that injures a person’s reputation. (A) Assault (B) Defamation (C) Battery (D) Misappropriation

79 Exam 2 (cont’d) 5. What does the term passive neglect mean?
(A) Conspiring with others to commit malpractice (B) Separating a resident from her family members (C) Using verbal language to insult a resident (D) Unintentionally failure to provide needed care, resulting in harm to a resident 6. Private law or a law between individuals is (A) Criminal law (B) Civil law (C) Contract law (D) International law

80 Exam 2 (cont’d) 7. Which of the following violates a resident’s legal right to privacy? (A) A caregiver shares something with a friend from a resident’s medical chart. (B) A caregiver documents a resident’s care when nobody else is nearby. (C) A caregiver pulls the privacy curtain around a resident before giving care. (D) A caregiver refuses to share medical information with a resident’s niece. 8. The term misappropriation means (A) Handling a resident’s possessions roughly (B) Harming a resident purposefully (C) Unlawfully restraining a resident (D) Taking something that does not belong to a person and using it for personal gain

81 Exam 2 (cont’d) 9. Protected health information (PHI) includes
(A) The number of visitors a resident has on a weekly basis (B) A resident’s personal financial information (C) A resident’s personal preferences regarding roommates (D) A resident’s voting history 10. A(n) _____________ is someone who is required to report suspected or observed abuse. (A) Journalist (B) Attorney (C) Mandated reporter (D) Guardian

82 Exam 2 (cont’d) 11. The term scope of practice relates to
(A) The tasks a family member can perform for a resident (B) The duties that a clergyperson is allowed to provide to a resident (C) The tasks a healthcare provider can legally perform (D) The responsibilities an administrative assistant can carry out during a shift 12. What is false imprisonment? (A) False imprisonment is the unlawful restraint of someone that affects the person’s freedom of movement. (B) False imprisonment is unintentional failure to give care to a resident in need. (C) False imprisonment is any false accusation by a family member regarding the kidnapping of a resident. (D) False imprisonment is the failure to act when a caregiver suspects resident abuse.

83 Exam 2 (cont’d) 13. _______________ is any unwelcome sexual advance or behavior that intimidates a person. (A) Sexual dysfunction (B) Sexual intimacy (C) Sexual etiquette (D) Sexual harassment 14. If a nursing assistant shares information about a resident’s care on Twitter, it would be considered (A) A breach of etiquette (B) Journalistic impropriety (C) A breach of confidentiality (D) Misappropriation

84 Exam 2 (cont’d) 15. _____________ is verbal, physical, or sexual abuse of staff by other staff members or residents. (A) Workplace indiscretion (B) Office negligence (C) Office liability (D) Workplace violence 16. A durable power of attorney for health care is (A) A legal document that describes how a resident’s possessions from the care facility should be distributed after he has died (B) A legal document that appoints a family member to make financial decisions for a resident living in a care facility (C) A legal document that is sent to probate after a person has died (D) A legal document that appoints someone to make medical decisions for a person who is unable to do so for himself

85 Exam 2 (cont’d) 17. Which of the following is an example of assault?
(A) A nursing assistant tells a resident that he will hurt the resident if the resident tells anyone that he did not finish his work. (B) A resident tells a nursing assistant that she plans to report abuse by the nursing assistant. (C) A nursing assistant insists that a resident loan her twenty dollars. (D) A nursing assistant drinks alcohol in front of a resident while providing care. 18. Which of the following people may commit intimate partner violence (IPV)? (A) An uncle (B) A neighbor (C) A friend (D) A spouse

86 Exam 2 (cont’d) 19. A(n) _________________ is a group of residents who meet on a regular basis to discuss facility issues. (A) Activity Group (B) Residents’ Council (C) Ombudsmen Committee (D) Society Advisory Group 20. A caregiver who smokes marijuana while working may have a (A) Sober relapse (B) Substance abuse problem (C) Legal substance appropriation (D) Workplace harassment issue


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