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Chapter 2 of Nursing Assisting: A Foundation In Caregiving for Course at Wake Tech

Criminal VS Civil Law

Criminal: affect crimes against society

Civil: affect relationships b/w persons


Omnibus Budget Reconciliation Act
Improve quality of life of nursing home residents
Require NAI Registry and listing to work
Wrote Residents Bill of Rights
Min 75 hr training course
Pass written and skills competency exam

Residents' Rights

Protected by Constitution
Respect, live in dignity, live free of fear
Refuse treatment and see listing of diagnosis/treatment
Privacy of body, record, care and personal affairs
Examine bill and explanation of charges
Informed of facility rules and regulations
Personal Items protected

Resident Council

Gives resident a voice in facility operations
Can be residents, facility staff, representatives
Make recommendations for policies, activities, concerns, and resolving grievances

Misappropriation of Property

Deliberate misplacement, exploitation, or wrongful, temporary or permanent use of belonging or money without consent.

Abuse Types

Involuntary Seclusion

Assault VS Battery

Assault: threat to touch someone without consent

Battery: actual unlawful touching without consent


Intentional deception or misrepresentation


False statements that cause a resident to be ridiculed or cause damage to their reputation (Ex: Spoken Slander or Written Libel)

Signs of Abuse

Lacking Personal Hygiene
Recent Weight Loss
Anxious to please
Medications mistaken/not taken
Frequent ER visits / Doctor Hopping


Health Insurance Portability and Accountability Act
Sets standards for protecting the privacy of patients' health information.


Protected Health Information: info used to ID a person
Name, Address, SSN, and Email

Advance Directives

Legal documents that allow people to decide what medical care they wish to have if unable to make the decisions themselves.
Ex: Power of Attorney, Living Will, DNR


person assigned by law as legal advocate for residents

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