Speaker 1: Welcome to the 2024 CNA Legal and Ethical Behavior Practice Test. This test will have 20 questions with explained answers that will help you prepare for the test. Be sure to resuscitate the like button

Speaker 2: by turning it white. Question one. You and a co-worker are charting on the computer. Your co-worker gets up and walks away without logging off of the computer. What is this an example of? A. Negligence. B. Defamation. C. HIPAA violation. D. Malpractice. The correct answer is C. HIPAA violation. Anytime you are walking away or leaving the computer, you should log out completely from the computer to protect PHI, protected health information. One can be charged with a HIPAA violation and or terminated from their job for this breach of PHI. Question two. Who does the nurse aid directly report to? A. The licensed nurse. B. The director of nursing. C. The administrator. D. The CEO of the health care facility. The correct answer is A. The licensed nurse. In health care facilities, there is a chain of command to follow. The nurse aid reports directly to the licensed nurse, whether the licensed nurse is a LPN or RN. If the nurse aid is working with a licensed nurse that is breaking rules or harming patients, it is important that the nurse's aid report that to upper management like the nursing supervisor or director of nursing. Question three. You have a patient that has received bad news about her husband. Before reaching out to hold her hand, what should you consider? A. What race the patient is. B. What is the patient's cultural background. C. Whether the patient has psychological health issues. D. Whether the patient is crying or not. The correct answer is B. What is the patient's cultural background. The nurse aid should consider what the patient's cultural background is. Cultures like Western culture uses touch to offer comfort or support. However, some cultures like the Muslim culture finds it offensive to be touched by someone other than family or someone of the opposite sex. The nurse aid should be considerate and conservative when offering support to patients. Question four. You are feeding a patient with dementia when another patient with dementia makes a sexual pass at the patient you are feeding. What is your response? A. Report it to the charge nurse because a patient with dementia cannot give consent. B. Ask the patient that made the pass not to do it again. C. Allow the patients to engage in conversation because they have a right to fulfill sexual desires. D. Ask the patients to only have this conversation in private and not in the dining area. The correct answer is A. Report it to the charge nurse because a patient with dementia cannot give consent. Patients with dementia can become sexual and make sexual passes at others. Because this patient made a sexual pass at another patient with dementia, the nurse aid should report it to the nurse because the patient with dementia is unable to give consent. The patient making the pass also has dementia and may not understand the nurse aid asking him not to make a sexual pass. Question five. You witnessed a patient fall and are reporting what happened to the nurse in charge. You should A. State facts only. B. Give your opinion on what may have caused the fall. C. Be sure to chart that the patient had a fall in the patient's chart. D. Call the patient's family to report the fall since you witnessed it. The correct answer is A. State facts only. A fall or incident is never placed on the patient's chart. Instead, an incident report is made and should be sent to administration for the committee to review. The person completing the incident report should only state facts and state them clearly. It is not within the aid's scope of practice to call the family members to report an incident. Question six. You are working on your unit and the nurse asks you, please take this cup of medication and give it to room five. What is your next step? A. Take the medication to room five. B. Tell the nurse that she should give the medication herself. C. Tell the nurse that giving medication is out of your scope of practice and report this to the nursing supervisor. D. Ask the nurse to come watch. You give the medication to room five. The correct answer is C. Tell the nurse that giving medication is out of your scope of practice and report this to the nursing supervisor. It is out of the nurse aid's scope of practice to give medication. You also do not know what medication is in the cup. It is important to let your nursing supervisor know that the nurse has asked you to give medication in case he she is asking other nurse aides to give medication. Question seven. You have a patient that had a fall. You must write an incident report. What is the reason for an incident report? A. To show patterns and trends and to prevent further incidents. B. To see who is at fault for the incident. C. To show the doctor how weak the patient is. D. To keep a record for the family members. The correct answer is A. To show patterns and trends and to prevent further incidents. An incident report is written when any unusual event happens in the health care setting, whether it be for patients or staff. Committees can review incident reports and see if there are patterns or trends leading to a specific incident. This helps committees write policies that can help prevent further incidents from happening. Question eight. You have a patient on the psychiatry unit that is combative and is trying to hit you. What is your reaction? A. Immediately leave and get security. B. Yell for help from another staff member. C. Yell for a nurse to bring a sedative for the patient. D. Slowly back away from the patient using a calm tone to diffuse the situation. The correct answer is D. Slowly back away from the patient using a calm tone to diffuse the situation. The best approach for this patient is to slowly back away and use a calm voice to diffuse the situation. Leaving the patient could cause the patient to harm themselves or run after you and harm others. Yelling, although yelling for help, can trigger the patient and cause them to become more enraged. Question nine. You have a patient that wants a copy of his chart to provide to his cardiologist. What is your response to the patient? A. Direct the patient to medical records. B. Tell the patient that their chart is confidential and you cannot provide them with a copy. C. Tell the patient that you must get permission from the CEO before giving them a copy of their chart. D. Tell the patient that they will have to hire a lawyer to obtain a copy of their medical records. The correct answer is A. Direct the patient to medical records. Patients have the right to see or obtain copies of their charts. Medical records is the department that can help the patient obtain a copy of their medical records chart. Question 10. You have a 75 year old patient that has multiple bruises in different stages of healing to the torso, arms, and back. What is the next step you should take? A. Report possible abuse to the abuse hotline, adult protective services. B. Nothing. It is normal for older adults to have bruises as their skin is more fragile. C. Report the possible abuse to the police. D. Nothing. The patient is probably on blood thinners, so bruising of this nature is normal. The correct answer is A. Report possible abuse to the abuse hotline, adult protective services. As a healthcare provider, you are a mandated reporter and must report suspected abuse. The fact that the patient's bruising is in different stages of healing would suggest ongoing chronic abuse. It is normal for the older adult to have bruising to their arms and hands while on blood thinners. However, this patient has bruising to the torso, arms, and back. Question 11. You have a patient that has recently been to his oncologist. The oncologist informed the patient's daughter that the patient's cancer is back. The daughter informs you of this but asks you not to tell the patient. How would you approach this situation? A. Do not tell the patient because the daughter asked you not to. B. Encourage the daughter to inform the patient of the diagnosis because the patient has a right to know. C. Tell the patient's daughter that although she is wrong, she has the right to withhold information from the patient. D. Tell the patient's daughter that she must inform the patient of his diagnosis or you will report her to the adult abuse hotline. The correct answer is B. Encourage the daughter to inform the patient of the diagnosis because the patient has a right to know. Withholding information from a patient is not only wrong but unethical. It is the responsibility of the oncologist to inform the patient of his diagnosis of cancer. The daughter may feel as though she is doing the right thing by withholding bad news from the patient. However, it is the right of the patient to be informed of his diagnosis. Question 12. You walk into your patient's room and the patient is not breathing. You know that this patient has an order for DNR. Do not resuscitate. What should you do? A. Notify the family in case they want to change it. B. Notify the nurse taking care of the patient. C. Pull the code blue alarm in case the family changes their mind. D. Ask the hospice nurse to call the family to ensure that the family still wants the patient to be a DNR. The correct answer is B. Notify the nurse taking care of the patient. The patient has a legal document that states that they wish to be a DNR. It is unethical to get involved with the patient's wishes. It is okay for the nurse to notify the patient's family. However, it is unethical to try to get the family to change their minds. The nurse aide should report this to the nurse in charge to allow the nurse to notify the family. Question 13. You have a co-worker that is verbally abusing a patient as you are walking by the patient's room. What is your first step of action? A. Immediately step into the room and tell the co-worker to stop speaking to the patient in that manner. B. Tell the co-worker you need to speak with her outside of the room. C. Immediately report this to your nurse, supervisor, director of nursing. D. Go and get the patient's family member to deal with the situation. The correct answer is C. Immediately report this to your nurse supervisor, director of nursing. This type of verbal assault is also considered bullying and should never be tolerated in the workplace health care system. Verbal abuse should be reported immediately just as physical abuse would be reported immediately. Words can harm the patient emotionally, leading to lifelong psychological stress. Question 14. According to the OBRA law of 1987, a nurse aide should perform minimum requirements for training and in-services. The OBRA law was passed to decrease what? A. Defamation. B. Malpractice. C. Neglect abuse. D. Physical harm. The correct answer is C. Neglect abuse. The OBRA law of 1987 was passed because it holds nursing facilities like nursing homes and other long-term health care facilities to minimal standards of care. The OBRA law ensures that each nurse's aide has completed a minimum number of hours in practice and minimum educational training in order to provide proper care to patients. This law was passed to decrease neglect abuse in the health care system. Question 15. You have a confused patient who is always hitting her call light but never needs anything. You know that she is lonely and just wants someone to talk to. You are busy and decide to not answer her call light because she probably only wants to talk anyway. You know this can be seen as what? A. False imprisonment. B. Breaking HIPAA. C. Neglect abuse. D. Emotional damage. The correct answer is C. Neglect abuse. Abuse and neglect occur when a client does not receive necessary physical or mental care. This includes failure to respond to a call light. Call lights should always be answered in a timely manner. Question 16. You have a patient in soft wrist restraints. You must check the wrist restraints per the doctor's orders to ensure the patient's safety. Failure to do this can result in charges for A. Neglect. B. Aiding and abetting. C. False documentation. D. Incidental harm. The correct answer is A. Neglect. The legal definition for neglect is mistreatment. Neglect is a result of carelessness and failure to care for a patient properly. The first priority is always patient safety. Question 17. You are involved in a situation at work and your nurse supervisor explains that you can be charged with aiding and abetting. Which situation could bring about an aiding and abetting charge? A. Breaching HIPAA and telling a patient's family member that is not on the patient's chart as a contact about the patient's condition or diagnosis. B. Leaving a weak and confused patient in the shower alone. C. Witnessing abuse by a co-worker to a patient and not reporting it. D. Leaving a patient in the floor after a fall until the nurse comes to assess the patient. The correct answer is C. Witnessing abuse by a co-worker to a patient and not reporting it. Aiding and abetting is a legal term that means to encourage crime. This means that if you witness abuse and do not report it you are just as guilty as the abuser. Witnessing abuse and not reporting it can most definitely bring criminal charges against you. Question 18. You are caring for a patient that tells you, I overheard the nurse telling my roommate that my roommate has cancer. Is he going to be okay? What type of cancer is it? You know that you should A. Explain to your patient that his roommate's health is confidential and encourage your patient to speak to his roommate about his diagnosis of cancer. B. Tell your patient what type of cancer his roommate has because they have been friends for forever and you know his roommate will not mind. C. Tell your patient to ask the nurse that he overheard about his roommate's diagnosis. D. Tell your patient to ask his roommate's family member about his diagnosis since it may be too painful for his roommate to discuss. The correct answer is A. Explain to your patient that his roommate's health is confidential and encourage your patient to speak to his roommate about his diagnosis of cancer. HIPAA should always be maintained to protect each patient's confidential health information. In this case, the CNA should tell the patient to ask his roommate about his diagnosis of cancer. Further, the CNA should go directly to the nurse that was overheard by the patient and explain to the nurse that HIPAA must be kept at all times. Question 19. You have a patient's family that wants to give you a gift card to Starbucks for taking such great care of their family member. What should you do? A. Take the gift card and say thank you because it's rude to not accept it. B. Take the gift card and buy something for all of the staff. C. Politely refuse the gift card. D. Take the gift card and give it to the director of nursing. The correct answer is C. Politely refuse the gift card. It is unethical to accept gifts or monetary items from patients or their family members. This can very easily blend the lines of ethical and unethical. Therefore, accepting gifts or money should be avoided at all costs. Question 20. You have a patient that is admitted to your unit that is friends with another one of your patients that you sent to the hospital last week. Your patient who is friends with the patient you sent to the hospital asks you how the patient in the hospital is doing. What is your response? A. You know he's a fighter. B. Oh he'll be home soon. C. I'm not allowed to give out personal information but you can call the hospital to speak with him. D. I'm not allowed to give out personal information but I can say he's giving the nursing staff a hard time. The correct answer is C. I'm not allowed to give out personal information but you can call the hospital to speak with him. Even though the patient on your unit and the patient in the hospital are friends, it is a breach of HIPAA to give out any personal information. Encouraging the patient on your unit to call his friend in the hospital should be your priority.

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