BAY AREA COLLEGE OF NURSING

Module 2: Patient Rights

I. Terminology A. Abuse B. Advance Directive C. Choice D. Coercion E. DNR F. Grievances G. Informed Consent H. No Code I. J. Ombudsman Privacy

K. Resident Counsel L. Restraints M. Scope of Practice N. Social Services II. Purpose of a long-term care facility A. The basic function and purpose of a long-term care facility III. Role of the CNA in maintaining resident rights as stated in federal and state regulation

A. The CNA is responsible for being familiar with regulations that provide
fro resident rights and for assisting residents to exercise their rights. Resident rights are protected by federal regulations for long-term care facilities. B. Title 42, Code of Federal Regulations

1. Resident Rights (483.10)

2. Admission, Transfer and Discharge (483.12) 3. Resident Behavior and Facility Practices (483.13) a. Restraints 1) Physical 2) Chemical b. Freedom from abuse 1) 2) 3) 4) 5) 6) 7) 8) Financial Verbal Sexual Physical Psychological Involuntary Seclusion Abandonment Neglect

c. Role of CNA 1) 2) 3) 4) Self-care Communication with supervisors Identify resident abuse Mandated reporter

4. Quality of Life (483.15) 1) 2) 3) 4) 5) 6) 7) 8) Dignity Self-Determination Participation in resident and family groups Participation in other activities Accommodation of needs Activities Social Services Home Environment

IV. Califonia Code of Regulations Title 22, Division 5, Chapter 3, 72527, with Title 42 Code of Federal Regulations 483.10 regarding resident rights. A. Residents shall be encouraged/assisted to exercise their rights as a patient and as a citizen, 72527 (a). Written policies regarding patient rights must be established and available. B. Patient rights may only be denied or limited for good cause evidenced by doctors order and may be denied or limited only if allowed by law. C. California Health and Safety Code (Skilled Nursing and Intermediate Care Facility Patients Bill of Rights)

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Issues related to elderly abuse A. B. C. D. E. F. Abuse as a crime Abuse elements All states require the reporting of elderly abuse or child abuse Forms of elderly abuse Signs of elderly abuse Nurse assistant responsibility

VI. Role of an ombudsman A. Patient advocate and member of the health care team is called the ombudsman and is an impartial person who investigates complaints and acts as an advocate for residents and/or families to resolve conflicts. B. Training and assignment C. Legal responsibility of an ombudsman follow facility protocol