Role of the Nurse Aide - Legal and Ethical Behavior
Core concepts
Legal topics for the nurse aide include scope of practice, delegation, negligence, abuse and neglect, mandatory reporting, false imprisonment, defamation, invasion of privacy, and advance directives. Work only within your training and job description, and only on tasks the nurse delegates. Abuse includes physical, verbal, sexual, and financial mistreatment, involuntary seclusion, and neglect; report suspected abuse immediately to the nurse and, per facility policy, the administrator. Negligence is failing to give care a reasonable aide would give, such as leaving a resident unattended in a shower chair. False imprisonment means restricting movement without justification. Never accept money, gifts, or a bequest from a resident. Follow advance directives and do not initiate resuscitation unless trained and directed.
Traps to watch for
- Accepting cash, a ring, or a changed will from a resident, which is a legal and ethical violation.
- Performing a task outside your scope because a coworker asked, no matter how simple it seems.
- Posting or texting anything about a resident, even without a name.
- Discussing a resident's diagnosis with people who are not involved in care.
- Promising confidentiality to a resident who discloses abuse; you must report.
- Restricting a resident's movement as punishment, which is false imprisonment.
Rule of thumb
When unsure whether a task is within your role, stop and ask the nurse before acting. Doing nothing briefly is safer than doing something outside your scope.