1. Mrs. J. Bettag RN,BSN Nursing Education
Ethics and laws
Mrs. J. Bettag RN,BSN
Nursing Education

2. Code of ethics
American Nurses Association(ANA)—code of ethics for RN’s
National Federation of Licensed Practical Nurses (NFLPN)- code of ethics for LPN’s

3. Code of conduct for CNA’s
Respect each person as an individual
Know the limits of your role and knowledge
Perform tasks only in legal limits of your role
Perform tasks you have been prepared to do
Perform no act that will harm the person
Follow policies and procedures
Keep the persons information confidential
Protect the persons privacy
Protect the persons property
Consider persons needs to be more important than your own
Report errors and incidents at once
Accountable for your actions

4. Professional Boundaries
Under- involved
Helpful Zone
Over- involved

5. Boundary crossing
The act or behavior may be thoughtless or something you did not mean to do
Example: You give a crying patient a hug. The hug meets the persons needs at that time. If hugging the person meets your needs, it is wrong. Hugging the person each time you see them after that is wrong.

6. Boundary Violation Act or behavior is not ethical
Violates the code of conduct for CNA’s
Example: Abuse, Giving lot of information about yourself, Keeping secrets with the person

7. Professional sexual misconduct
An act, behavior, or comment that is sexual in nature
It is sexual misconduct even if the person consents or makes the first move
Examples: You make sexual comments or jokes, Touch or handle sexual and genital areas only when necessary to give care

8. Boundary signs
Warning you that you may be close to a boundary violation or crossing
Examples: Think about person when not at work, Organize your work and provide other care around patients needs, More care or attention to patient, Believe you are the only person who understands patients needs, Keep secrets, Change how you dress when you work with the person

9. Legal Aspects Laws tell you what you can and cannot do
Rule of conduct made by a government body---U.S. Congress and State Legislature

10. Criminal VS Civil Criminal laws against public and society
Murder, robbery, rape, kidnapping, abuse
Have jail time
Civil laws concerned with relationships between people
Involve contracts and nursing practice
Pay sum of money if found guilty to injured person
Involves Torts

11. torts Unintentional Torts Negligence Malpractice
Nurses, Doctors, Dentists

12. Torts Intentional Torts Defamation Libel Slander False Imprisonment
Threatening to restrain a patient
Restraining a patient
Preventing a person from leaving
Invasion of Privacy
Only staff caring should touch, see, examine patients body
Fraud
Act is fraud if it does or could harm a person or the persons property
Assault
Intentionally threatening/attempting to touch a persons body
Battery
Touching a persons body without consent

13. HIPAA of 1996 Health Insurance Portability and Accountability Act
Protected Health Information
Refers to identifying information and information about the person’s health care that is maintained or sent in any form
Failure to follow HIPAA can result in jail time, fines, and penalties

14. Hipaa Violation Video

15. Informed consent
Doctor is ultimately responsible for informing the person about all aspects of treatment. Consent is informed when the person clearly understands:
Reason for a treatment, procedure, or care measure
What will be done
How it will be done
Who will do it
Expected Outcomes
Other treatments, procedures, or care options
Effects of not having the treatment, procedure, or care measure

16. Informed consent No person under the age of 18 can give consent
No person who is mentally incompetent
The CNA is never responsible for obtaining written consent, but you can be a witness

17. Types of Informed Consent
Written Consent
Verbal Consent
Implied Consent

18. Wills
Legal document on how person wants property distributed after death
Do not witness a will if you are named in the will
Be prepared to testify that:
Person was of sound mind when the will was signed
Person stated that the document was his or her last will
This will
Not this Will

19. Abuse
Infliction of injury, unreasonable confinement, intimidation, or punishment that result in physical harm, pain, or mental anguish
Depriving the person of goods or service needed to attain or maintain a well-being
Senate Bill 1852 makes adult abuse, neglect, or exploitation a Class D felony. Abuse of the elderly and vulnerable adults is against the law, and Tennessee is a "mandatory reporting" state. If you see abuse, or even only suspect that an adult is being abused, neglected, or exploited, you must report it.

20. Vulnerable adult
Anyone who has mental, emotional, physical, or developmental disability
Brain damage
Changes from aging

21. Elder Abuse
Elder abuse is a growing problem. The National Center on Elder Abuse (NCEA) defines elder abuse as "intentional or neglectful acts by a caregiver or 'trusted' individual that lead to, or may lead to, harm of a vulnerable elder. In many states, younger adults with disabilities may qualify for the same services and protections. Physical abuse; neglect; emotional or psychological abuse; financial abuse and exploitation; sexual abuse; and abandonment are considered forms of elder abuse. In many states, self- neglect is also considered mistreatment.

22. What should I do if I suspect abuse?
Concerned people, like you, can spot the warning signs of a possible problem, and make a call for help if an elder is in need of assistance. Most cases of elder abuse go undetected. Don't assume someone else has already reported a suspicious situation. And don't think that it's up to you to prove abuse. If something seems wrong, just report what you know to the proper authorities. Let them investigate.
By law in Tennessee, everyone is a mandatory reporter. If you think an older adult is being abused, you are required to tell someone.
Reporting Abuse: Who You Should Tell
Emergencies  In an emergency, always call 911 first.
Adult Protective Services (APS) 24/ APS.TENN or

23. Child abuse and neglect
Child abuse is when a parent or caregiver, whether through action or failing to act, causes injury, death, emotional harm or risk of serious harm to a child. There are many forms of child maltreatment, including abandonment, neglect, physical abuse, sexual abuse, substance and emotional abuse.

24. Domestic Abuse
Domestic violence (also named domestic abuse, battering, or family violence) is a pattern of behavior which involves violence or other abuse by one person against another in a domestic setting, such as in marriage or cohabitation.
Physical
Sexual
Verbal
Economic
Social