Patient abandonment question

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Hello, I am a CNA in Arkansas, and I walked out during the middle of my shift because I had no help from the other CNAs. At that point, it was a safety hazard for me and the residents. My question is, would that be considered abandonment under Arkansas law? My LPN friend said no because there was an LPN on the floor at the time. I know it's unethical, but is it illegal? Please provide the Arkansas statute if you can.

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Specializes in Vents, Telemetry, Home Care, Home infusion.

Walking out in the middle of a shift without reporting off to another CNA or nurse supervisor is job abandonment and can lead to one being charged with elder abuse due to neglect, resulting in losing ones CNA certification.

Under Alabama Dept of Health Nurse Aide Training curriculum  CNA's are taught:

VII. RESIDENT RIGHTS

Quote

Student will promote residents right to be free from abuse, mistreatment, and neglect while in long term care

Alabama Dept of Health Elder Right Guide Abuse and Neglect section

The most common forms of abuse are:  pg 38

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Neglect – this is when a caregiver fails to meet the physical, social and/or
emotional needs of the person....

These regulations may lead your employer to report your actions to the state Dept. of Health with possible legal repercussions.  

When I started in healthcare as SNF nursing assistant, if someone called out, I'd have have 30-40 patients on night shift, so can understand not having help one needs. This behavior- leaving mid shift without relief is NEVER acceptable. You may need to seek legal counsel regarding your particular situation.

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You never answered my initial question, and unethical is totally different from illegal...

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Calobm11 said:

You never answered my initial question, and unethical is totally different from illegal...

I think they did answer your question. But I will attempt to be clearer. Leaving in the middle of your shift without handing your patients over to a qualified person is abandonment. I think it is almost certain you will be reported to your board of nursing.

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They used "abuse and neglect" wich is different from abandonment. Can you cite an Arkansas state statute?

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Calobm11 said:

They used "abuse and neglect" wich is different from abandonment. Can you cite an Arkansas state statute?

I don't need to. This isn't my license or my homework. I sincerely hope that this is homework. Abuse, neglect and abandonment in my opinion all apply to the described behavior, but thats just my opinion, I'm not going to the Arkansas State BON to find that for you. I'm sure if you email or call them they will be able to clarify it for you.

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I already emailed them but want was the purpose of responding to my question if you didn't even answer it?

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Specializes in Vents, Telemetry, Home Care, Home infusion.

Certified Nurse Aide Requirements in Alabama

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Alabama's Certified Nurse Aides are under the jurisdiction of the Alabama Department of Public Health. They are place on the nurse aide registry after they meet the state's training and testing requirements. They maintain their status by accruing work experience and displaying good conduct in the work setting.

In Alabama, CNA's are not under that states Board of Nursing Regulations, instead under Public Health department regulations, cited above.

ALABAMA BOARD OF NURSING ADMINISTRATIVE CODE

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610-X-8- 0.1 Definitions

1) Abandonment: Acceptance of a patient assignment, thus
establishing a nurse-patient relationship or permittee-patient
relationship, and then ending the nurse-patient relationship or
permittee-patient relationship without giving reasonable notice to
supervisory personnel so that others can make arrangements for
continuation of patient care.

https://admincode.legislature.state.al.us/api/chapter/610-X-8

Alabama Certified Nurse Aide Registry

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Who must be listed on the Nurse Aide Registry?
Any individual successfully completing the state approved nurse aide competency and evaluation and training program desiring to work as a nurse aide in an Alabama nursing home must first be listed in good standing on the Alabama nurse aide registry

What is the meaning of Good Standing?
Good Standing means a person is on the registry and their certification has no substantiated adverse finding of abuse.

What are the entities that keep an individual's certification active?

Certifications are kept active if the individual is currently working or within the past 24 months worked in a nursing home, hospital, home health agency, hospice agency, or mental health facility.

Further info for you.

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Thank you I'll have to remember that when I move to Alabama.

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Specializes in Vents, Telemetry, Home Care, Home infusion.

? misread state name. 

Arkansas CNA's not under Board of Nuring either, but Department of Health --same as Alabama.

Arkansas Nurse Aide Registry Requirements

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The Arkansas Nurse Aide Registry (ARNAR) lists the name of nurse aides who, through training, testing and experience meet federal and/or state requirements to work as a nurse aide in Arkansas. The Registry includes substantiated findings of nurse aide abuse, neglect, misappropriation of resident property, or exploitation involving a nurse aide at a DHS regulated facility.


STATE OF ARKANSAS-LONG TERM CARE FACILITY NURSING ASSISTANT TRAINING CURRICULUM

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Neglect – an act or omission by a caregiver responsible for the care and supervision of an endangered person or an impaired person (nursing home resident)

Pg 190

The CNA must not have a verified complaint against them on the
registry. If a complaint of abuse or misappropriation of resident's
property/funds is found to be valid, the CNA will lose certification in all 50 states permanently.

AR Board of Nursing Regs  Grounds for Discipline

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6. The term "unprofessional conduct" includes, but is not limited to, the conduct listed below...
I. Leaving a nursing assignment without notifying appropriate
personnel.

See allnurses previous discussions: 

CNA "Patient Abandonment" 

Can You Lose Your CNA License for Job Abandonment?

Previous advice members given applies in situation in first post.

article:  Abandonment: What It Is And Is Not

    • Quote

    Examples of abandonment:

    • Accepting the assignment and then leaving the unit without notifying a qualified person
    • Leaving without reporting to the on-coming shift

     

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Calobm11 said:

Thank you I'll have to remember that when I move to Alabama.

May I ask why the attitude? Someone who happens to be a well-respected very helpful member here is spending their time doing Google for you? You could apologize. I'm sure the situation you posted about was very unpleasant, lazy coworkers suck. But you came here for help/information  and we haven't done anything to you.

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Calobm11 said:

I already emailed them but want was the purpose of responding to my question if you didn't even answer it?

She/He did answer it. Yes it is illegal. Go to your regulatory boards website and it should be clear. They were clear in their answer, maybe you didn't want to hear it?

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