CMT Legal and Ethical Guidelines 2 — Questions and Answers
Question 1: A resident refuses to take their prescribed medication. What is the CMT's legal obligation?
- Crush the medication and hide it in food
- Document the refusal and notify the nurse (Correct answer)
- Contact the resident's family to force compliance
- Administer the medication anyway to ensure treatment
Correct answer: Document the refusal and notify the nurse
Residents have the legal right to refuse medications, and the CMT must document the refusal and report it to the supervising nurse.
Question 2: Which federal law specifically protects the rights of nursing home residents, including the right to be free from unnecessary medications?
- HIPAA
- OBRA 1987 (Correct answer)
- OSHA
- ADA
Correct answer: OBRA 1987
OBRA 1987 (Omnibus Budget Reconciliation Act) established resident rights in long-term care facilities, including protections against unnecessary medications.
Question 3: A CMT discovers a co-worker taking medication samples from a resident's supply. This is considered:
- Acceptable if the co-worker replaces them later
- Medication diversion, a criminal offense (Correct answer)
- A minor workplace policy violation
- Acceptable during medication shortages
Correct answer: Medication diversion, a criminal offense
Taking medication from a resident's supply is medication diversion, which is a serious criminal offense and grounds for license revocation.
Question 4: When must a CMT obtain a new medication order before administering a drug?
- Only when changing dosage forms
- Every time a verbal order is given
- Whenever the original order has expired or been changed (Correct answer)
- Only for controlled substances
Correct answer: Whenever the original order has expired or been changed
A CMT must have a valid, current written order before administering any medication; expired or changed orders require new authorization.
Question 5: The ethical principle of 'non-maleficence' requires a CMT to:
- Always tell residents the truth about their condition
- Distribute medications equally among all residents
- Avoid causing harm when administering medications (Correct answer)
- Respect a resident's decision-making capacity
Correct answer: Avoid causing harm when administering medications
Non-maleficence means 'do no harm,' obligating the CMT to prevent injury or adverse outcomes during medication administration.
Question 6: Which action by a CMT would constitute a HIPAA violation?
- Telling the supervising nurse about a medication side effect
- Discussing a resident's medications in the hallway where others can hear (Correct answer)
- Documenting a medication in the resident's chart
- Reporting an adverse reaction to the physician
Correct answer: Discussing a resident's medications in the hallway where others can hear
Discussing a resident's protected health information in a public area where unauthorized individuals can hear is a HIPAA privacy violation.
Question 7: A resident's family member asks the CMT for a list of the resident's medications. The CMT should:
- Provide the list immediately as family has automatic access
- Decline and direct them to the nurse or social worker (Correct answer)
- Provide the list only if the resident is not present
- Send the list via text message for convenience
Correct answer: Decline and direct them to the nurse or social worker
Family members do not automatically have access to a resident's medical information; the CMT should direct them to the nurse or social worker who can verify authorization.
CMT Legal and Ethical Guidelines 2
A resident refuses to take their prescribed medication.
What is the CMT's legal obligation?