Legal & EthicalQuestion 199 of 200

A resident's son brings beer to his father's birthday party in the resident's room. The resident has no medical contraindication and the care plan does not restrict alcohol. The MOST appropriate CNA response is to:

a.Confiscate the beer immediately
b.Tell the son the facility prohibits all alcohol regardless of facts
c.Notify the charge nurse of the visit; if there is no medical or care-plan contraindication and facility policy permits, allow it; if policy or medical orders restrict alcohol, explain respectfully and offer alternatives
d.Drink the beer with the resident

Explanation

Title 22 CCR §72527 and the California Resident Bill of Rights (HSC §1599.74-§1599.84) preserve residents' rights to make personal choices, including legal alcohol use, unless contraindicated. The CNA's role: notify the nurse, verify there is no medical/medication contraindication and that facility policy allows, then permit the celebration with dignity. Unilateral confiscation (a) or blanket refusal (b) violate autonomy. Consuming alcohol with residents (d) is gross professional misconduct, grounds for termination and certification revocation under HSC §1337.9, and may constitute abuse if it impairs care.

Law Reference: Title 22 CCR §72527; HSC §1599.74

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