The Legal Issues Surrounding the Work of CNAs

Similar to other types of professions, there are certain rules and laws that should be followed by CNAs. These would be the laws which have been passed by local, state and the federal governments. As a CNA, if you are unable to abide by them, you may be found liable for any resulting injuries or damages. You would be able to avoid breaking any laws by doing several things. Here are some of them.

1. First off, make sure that you know, understand and follow the practice rules that have are being enforced in the state where you are working in.

2. You should only perform the tasks and the skills that you have been trained for. In the event that you are asked to do tasks which you have not been trained for, you should seek the advice of your immediate supervisor and ask for guidance.

3. Perform the tasks and duties assigned to you with utmost care and in the way that you have been trained.

4. Continue to learn or seek for further education that would help you improve your skills and capabilities.

5. In any situation that you are uncertain on what you need to do, always get the advice of your immediate supervisor.

6. Before carrying out your duties, make sure that you completely understand the directions given to you.

7. Know and understand the policies and procedures of the facility you are working in; and follow them.

8. Never harm or cause any harm to your patients.

9. Always respect your patient’s personal property.

To give you an idea of some of the most common legal issues which are associated with the work of CNAs and how to avoid them, here are some examples and circumstances.

Negligence

This would be the failure to provide the level of reasonable care to the patient, resulting to injury. It is usually caused by rushing work and by not thinking first. Some examples would be when you give your patient a bath and then because you did not check the temperature of the water first, the patient gets burned. Another would be when you give a food tray to a patient but do not double-check and the food turns out to be for another patient. As a result, the patient you gave the food to eats the food with the wrong consistency, making him choke.

Theft

This happens whenever you get any personal property of a patient, whether it is small or big, cheap or expensive.

Defamation

This would be making statements which are about another person in writing or verbally which results to the damaging of that person’s character. You should never make any announcements or statements, either verbally or in writing, about any patient or anyone without being sure that it is a fact.

Invasion of Privacy

It is important to make sure that CNAs are able to protect the rights of every patient to have their medical information kept confidential at all times. As a CNA, you should only discuss the medical condition of the patient with his doctor, his nurse/s and his close relatives.

False Imprisonment

Many nursing staff are usually confused about what false imprisonment means. It is basically defined by restraining the actions of the movements of a patient without getting the proper authorization. All patients have a right to go out of a hospital or a nursing home and there are only a few instances when CNAs and medical personnel can interfere with this right.

Also, the use of physical restraints on a patient requires orders coming from a doctor. When CNAs threaten to use them, it can be considered false imprisonment. Some examples of physical restraints would include vests, jackets, wrist, armor leg restraints, seatbelts, hand mitts, bed rails and others.

Assault and Battery

Assault would be the intentional attempt to touch or threatening to touch another person’s body; battery would be when you are actually doing so. In order to make sure that you do not break any rules that can lead you to being charged with assault and battery, it is important that you: inform the patient of everything that you would be doing; check if the patient understood what you said; ask the patient for any concerns or questions he or she might have; allow the patient to have some time to think; respect the decision of the patient to disallow any procedure; and never carry out treatment that has been refused by the patient.

Abuse

This is broadly defined as any harm done to a patient. There are many types of abuse such as physical, verbal, emotional, sexual and involuntary seclusion.

Physical abuse would include: the rough handling of a patient; hitting, slapping, kicking or punching a patient; and giving the wrong treatment to a patient.

Verbal Abuse would include: swearing while caring for a patient; raising your voice or yelling at the patient; calling the patient using unpleasant names; embarrassing the patient; teasing the patient; making threats; and using inappropriate words to describe the nationality or race of the patient.

Sexual abuse would include any behavior done which is seductive or sexually demeaning and harassing to the patient.

Emotional or psychological abuse would include: causing the patient to be afraid of you by threatening him or her or through other methods; making fun of the patient; demeaning the patient; and threatening to withhold treatment.

Involuntary seclusion happens a lot in many nursing homes. For example, a resident gets very noisy and disruptive, so a CNA moves him or her to another. Although this is a very hard spot to be in since you would want to do what is best for a majority of the people in the nursing home, you should never decide on your own when to move one resident to a secluded area. The decision should only come and orders should be given by a nurse. Some of the situations that are considered as involuntary seclusion would be: closing the door of a patient’s room when they want it to be kept open; placing a patient in a wheelchair far from other people; and leaving a patient without any way to communicate such as removing the call bell.

As a CNA, it is also important to check whether the patient is being abused by his or her family members or friends. In the event that you witness this, inform your immediate supervisor right away. Never attempt to decide on what actions need to be done to address this.


State Laws on Breaks of Nursing Assistants

Being a CNA or a Certified Nursing Assistant usually means that you have sufficient CNA training and would be spending much of your time caring for patients, which is why those who are planning to become one are told beforehand that they need to be physically and mentally prepared for the job. However, do not be discouraged by the level of physical work that you need to put into this type of profession as you are entitled to breaks and meals that should be able to help in bringing back your energy.

Generally, rest breaks are paid while meal breaks are not unless you would be working through it. Here are the state laws which cover the breaks and meals of nursing assistants.

Rest Breaks

California: There should be a paid rest period of 10 minutes for every four hours of work put in or for every major fraction thereof. It is usually in set in the middle of the work period. This is, however, not required for nursing assistants with a total daily work time of less than 3 and a half hours.

Colorado: There should be a paid rest period not less than 10 minutes or every four-hour work period, which is also usually in the middle of the work period. 

Illinois: Every hotel room attendant or the people who clean and put the guest rooms in order should receive at least two paid rest breaks of 15 minutes each as well as a meal period of 30 minutes on every workday that lasts for not less than seven hours.

Kentucky: Nursing assistants should have a paid rest period of 10 minutes for every work period of four hours.

Minnesota: There should be a sufficient rest period for every four consecutive hours of work put in for any restroom activities.

Nevada: There should be a rest period of 10 minutes for every four hours or a major fraction thereof put in, which is during the middle of each work period. This does not apply for employees who have a total daily work time of less than three and a half hours.

Oregon: There should be a paid rest break of 10 minutes for each work segment of four hours in a work period and should approximately be in the middle of the work period.

Washington: There should be a paid rest period of 10 minutes for every work period of four hours and should be scheduled at the middle of the work period, as much as possible. Again, this is not required for employees who work for less than three hours a day.

Meal Breaks

California: Meal breaks should be a period of 30 minutes after five hours, except when the workday only lasts for six hours or less and when there is a mutual consent of both the employer and employee to waive the meal period.

Colorado: There should be a meal of at least half an hour after five hours. This does not apply if the workday only lasts for six hours or less. On-duty meal periods are counted as time worked and are allowed when the nature of the work prevents relief from the nursing assistant’s duties.

Connecticut: Meal periods should last for half an hour after the first two hours and before the last two hours of a work period lasting for at least seven and a half consecutive hours or more.

Delaware: Meal breaks should last for at least 30 minutes after the first two hours and before the last two hours of a work shift lasting for seven and a half consecutive hours or more

Illinois: Hotel room attendants should have at least two paid rest breaks lasting for at least 15 minutes each as well as a 30-minute meal break on every workday that lasts for seven hours or more.

Kentucky: Meal breaks should be 30 minutes; however, a shorter meal break might be permitted under special conditions. Meal periods should be scheduled between the third and fifth hour of the work period. Coffee breaks and shorter snack breaks are not included in the meal period.

Maine: Meal breaks should be half an hour and scheduled after six consecutive hours, except when there are emergency cases and when the nature of work can allow employees to have frequent breaks during the workday.

Massachusetts: Meal breaks should be half an hour for workdays which last for more than six hours.

Minnesota: There should be sufficient unpaid time for all employees who work for eight consecutive hours or more.

Nebraska: There should be a meal break of 30 minutes that should be taken off premises.

Nevada: Meal breaks should be half an hour for a workday lasting for eight consecutive hours.

New Hampshire: There should be a meal break of 30 minutes after five consecutive hours, except when eating while working is feasible and is permitted by the employer.

New York: There should be a meal period of one hour on a noon-day period. For employees who have a work shift lasting for six hours or more which extend over the noon-day period, there should be a 30-minute noonday period. Another 20 minutes for meals between 5 in the afternoon to 7 in the evening can be allotted for meals for employees who are working on a shift which starts before 11 in the morning and continues after 7 in the evening. The allowed period would be one hour for those working in factories, 45 minutes for those working in other establishments, scheduled in the middle of the shift.

North Dakota: There should be meal period of 30 minutes for shifts which are more than five hours.

Oregon: Meal periods should last for 30 minutes, with relief from all duties. This applies for work periods which last for six to eight hours. Meal periods should be scheduled between the second and the fifth hour for work periods that last for seven hours or less; or between the third and the sixth hour for work periods which last for more than seven hours.

Rhode Island: All employees should have a 20-minute meal period for every work shift that lasts for six hours or more and a 30-minute meal period for work shifts that last for eight hours.

Tennessee: There should be a meal period of at least half an hour for employees who are scheduled to work for six consecutive hours or more.

Washington: Meal periods should last for 30 minutes for work shifts that last for more than five consecutive hours and should be scheduled about two to five hours from the start of the shift. Meal periods can be counted as working time if the employee is required to remain on the premises or on a prescribed worksite. There should also be an additional meal period of 30 minutes for employees who are working for three or more hours beyond a regular workday.

West Virginia: Meal periods should last for 20 minutes for those employees who have work shifts of six consecutive hours or more.

Guam: There should be a meal period of 30 minutes and should be scheduled after five hours into the shift. This does not apply when the work day only last for six hours or less and when there is a mutual consent of the employer and the employee to waive the meal period. The meal period is not to be considered as time worked unless the nature of the work prevents relief from all duties.

Puerto Rico: There should be a meal break of an hour and should be scheduled after the third hour and before the beginning of the sixth consecutive hour of the work shift. If the employee is required to work on the meal hour, he or she would be entitled to double-time pay.


A Guide to Applying for Reciprocity

The demand for nursing assistants has significantly increased in recent years which is why many individuals from different states are looking into becoming CNAs. However, getting a job as a nursing assistant does not just require the completion of any nursing assistant education program, you would need to pass a State-prescribed course and test as well. If you are already Certified, Licensed, Registered or State-Approved in your current state but are planning to get another nursing assistant job in another state, you would need to request for reciprocity so that the other state would recognize the approval or CNA training certification that you received in your home state. Here are the steps for requesting reciprocity, along with some tips that can make the process easier.

1. First off, you would need to call the Nurse Aide Registry that is in your home state then request for an “Application for Enrollment by Reciprocity”. Check with them whether the completed form should be sent to them or to the other state where you would be getting a CNA job.

2. You would then need to contact the Nurse Aide Registry which is in the other state and then ask them about the same concern. There have been some nursing assistants who have been able to directly fax the request to the state where they would be moving. However, to avoid having problems later on, take the time to ask. Also make sure that you list down the name of the people that you have spoken with along with their phone numbers.

3. If the agency in the state you are moving to states that it would be fine to fax or send your information via mail, then be sure to do this right away. Before faxing or mailing, make sure that you have the correct fax number and mailing address. The most commonly requested requirements would include: a copy of your Social Security card, a copy of the approval you received from your home state; a copy of a valid photo ID such as your driver’s license, a copy of a recent pay stub or a document that would prove that you have worked for a nursing home within the last two years.

4. You should also make sure that when you send your information, you would be including a short note to thank the person you have spoken with and ask them to contact you if they need some more information from you.

5. You could get an automated line when you call. Most of these automated lines are toll-free 800 numbers and could readily provide you with the information you need. However, if there is an option, try to talk with an actual person to get more detailed answers to the questions and concerns you have.

6. Lastly, remember that nursing homes are usually able to provide training and testing for all of their nursing assistants. By calling the ones you are interested in working with, you should be able to get information on local training and testing sites which are near your area. Aside from being conducted by nursing homes, training and testing can also be done by community colleges and independent agencies. You can also get more information about training and testing programs available in your area by talking to a DON or trainer that is also in your area. If you are still unable to get information, you can try contacting the NATP agency or the Area Agency on Aging in your state.


How CNAs Fit Into The Nursing Process

Over the years of providing medical services to patients, the individuals who work in the field of medical and health care have developed a nursing process that outlines how patients are given with the care and assistance that they need. If you want to learn more about the nursing process and how the CNAs or Certified Nursing Assistants fit into it, read on.

First off, the medical is generally divided into a number of members: the patient, the doctor, the physician assistant, the nurse and the nursing assistants. The patient would be the one who has the illness or a medical condition which requires care. The doctor would be the one who makes the diagnosis. A physician assistant can also make a diagnosis, but would still be overlooked by the doctor. The same goes for nurses. A nurse can take note of the symptoms and make a preliminary diagnosis but ultimately, it would still be the doctor who would be making a final diagnosis.

Once a patient is admitted to nursing unit such as a hospital, a nursing or a rehabilitation center, the nurses are called to perform several duties to assist the patients in getting better. They usually work based on a nursing process which is divided into five steps: assessment; nursing Diagnoses; planning; intervention; and evaluation. Here are the details for each step of the process.

1. Assessment

This would involve the constant collection of data in order to identify the actual and potential health condition and problems of a patient. Data collection should be done as objectively as possible. In order to perform the assessment, a nurse should: get the nursing history from the patient; perform a thorough physical examination; and review the laboratory and medical information.

2. Nursing Diagnoses

All nurses are given the license to correctly identify and treat specific health problems of patients. Because the only way for a doctor to come up with an effective care and treatment plan is through making a proper diagnosis, it is important that the nurse is able to come up with a nursing diagnosis based on the data gathered in step one. This nursing diagnosis is double-checked by the doctor. CNAs fit into this step, as they are sometimes required to check the condition of the patient and take down notes which are given to nurses.

3. Planning

As all nursing assistants and nurses know, the care plan is the core of the nursing care that they should provide for all patients. It is a legal document which promises care to be delivered as written and nurses could get into a lot of trouble by not following the care plan. It is designed to provide assistance or guide for the members of the medical team to deliver quality and consistent care to patients, as needed. A good care plan should be specific, concise, clear and realistic to make sure that it can be understood not only be doctors, nurses and nursing assistants but also by the relatives of the patient.

When writing the care plan, nurses sometimes ask for the opinion of CNAs so CNAs should be able to offer insights to the patients’ desires and abilities. Because of this, many health and medical facilities today encourage the participation of Certified Nursing Assistants in care plan conferences.

4. Intervention

This step in the nursing process would be where the CNA fits into the most, as the intervention would usually cover the duties of CNAs such as the toileting, repositioning, turning, food administration, bathing to the application of prescribed creams and lotions.

5. Evaluation

As the final step of the nursing process, the evaluation would include the checking done by the nurses to know whether the care plan worked in solving the health issues and problems of the patient.


The Essentials of Being a CNA

Today, more and more individuals are exploring a career in the health or medical field because of how fulfilling and rewarding it can be. Aside from being a doctor or a nurse, a lot of people are looking into being a CNA or a Certified Nursing Assistant. If you are planning to become one, read on to learn more on everything you need to know about becoming a CNA.

A Certified Nursing Assistant is one of the members of a health care team in a medical facility or health institution. CNAs usually work under the supervision of a nurse and are responsible for providing basic nursing and health care to the patients, clients and customers of the facility or institution. Some of the duties of a CNA include assisting patients in dressing up, taking a bath and eating. They can also be asked to help patients with their oral care and toilet activities. CNAs are also usually the ones who get the patients’ vital signs and height and weight measurements.

There are many reasons why you may want to become a CNA. If you have been thinking of becoming a registered nurse, being a nursing assistant could greatly help you decide whether it is something that you would like to do. This is because you would be exposed to the type of work that nurses do. You would also be able to learn and understand more about the services that nurses, doctors, medical technicians and physical and occupational therapists provide to their patients. Also, you would be able to interact with different kinds of people and help them in what they need.

However, keep in mind that being a CNA is not for everybody. If you are looking for a high-paying profession or career, becoming a Certified Nursing Assistant might not be your best option. Aside from this, the CNA training that aspiring nurses go through is intensive, since they would be caring for other people’s health and lives. In order to go through it, you would need to have a good amount of patience and dedication. You should also be prepared to get sick more often that you used to, so it is important that you are able to take good care of your health.

Although the salary of a CNA is not really one of its appeals, you would be able to gain a lot of experiences which you would not otherwise be able to have with any other profession. You would be able to feel a sense of self-fulfillment since you would be able to meet and interact with all kinds of people, while learning how to care for them.

Once you have decided that you want to become a Certified Nursing Assistant, there are several things that you would need to do. First, off you would need to have a GED or a high school diploma. You would then have to complete the CNA training education program, which usually runs from six to twelve months. You can look for institutions which are offering this program over the internet or through asking friends or relatives who are CNAs. Make sure that the program you would be taking is accredited in the area or state where you would be working. After finishing the program, you can then look for work opportunities as a CNA in home health agencies, hospitals and nursing homes.

Being a CNA is truly one of the most rewarding jobs that you can have. However, before deciding to go along this career path, it is important to have all the knowledge and education you need so that you would be able to provide optimum health care and assistance to your patients. Although it is not the easiest job in the world, by being patient, compassionate and having a sincere desire to help your patients, you can easily become a good CNA, which can, in turn, lead to more work opportunities in the long run.


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