Patient RightsQuestion 3 of 200

A CNA sees a coworker slap a resident across the face. Under California's Elder Abuse Reporting law, the CNA must:

a.Report the abuse to the facility administrator and CDPH/Adult Protective Services as a mandated reporter, typically within two hours
b.Wait until the end of shift to mention it to the charge nurse so as not to disrupt care
c.Confront the coworker privately and give them a chance to apologize
d.Only report it if the resident asks the CNA to do so

Explanation

Welfare & Institutions Code §15630 makes CNAs mandated reporters of elder and dependent adult abuse. Physical abuse with serious bodily injury must be reported by phone immediately and in writing within two hours; other physical abuse within 24 hours, to local ombudsman or law enforcement and to CDPH. 42 CFR §483.12 also requires immediate facility reporting. Waiting (b), informal handling (c), or conditioning the report on the resident's wishes (d) are violations that expose the CNA to criminal penalties and loss of certification.

Law Reference: 42 CFR §483.12; W&I Code §15630

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