can you legally keep a resident in a facility who has an oxygen saturation on room air of 88% if the facility isn't allowed to use oxygen for safety reasons? the resident wants to live at our facility but does he have the mentality to understand he'll die if he doesn't use oxygen? can he legally refuse to use oxygen and be allowed to live at a facility that's not allowed to administer oxygen?
hsieh wrote:can you legally keep a resident in a facility who has an oxygen saturation on room air of 88% if the facility isn't allowed to use oxygen for safety reasons? the resident wants to live at our facility but does he have the mentality to understand he'll die if he doesn't use oxygen? can he legally refuse to use oxygen and be allowed to live at a facility that's not allowed to administer oxygen?
You cannot force someone to use O2. You would need to check with the state on the legalities. Call your state BON and see who they send you to for answers. You facility is licensed with the state? That licensing entity should know also. Be sure, it you are the one seeking information, you write down dates,times, and who you sopke to along with a synposis of what you were told. Always CYA. Sorry I don't know more.
Hi there,
This resident may well tolerate an oxygen saturation of 88%. People with advanced lung disease function for years this way. If he appears in no distress and is able to function at his baseline, let him be. As you pointed out, if he is competent, he can refuse to wear oxygen.
R
but if he continues to smoke and he's mentally handicapped meaning he doesn't grasp the concept that his smoking is going to kill him then what?
hmm. I have never seen anyone die of a sat with 88%..Po2 is around 55? if hes a smoker he lives on his hypoxic drive anyways and probably dosnt notice it except with exertion. whats his Pco2. he probably goes down to 80% when he sleeps. Dont worry I have worked with alot of peeps who were mentally challenged..Of coarse its against federal Law to take their cigs away from them. Ya we really have some messed up laws. I would personally let his doctor manage this and give him your imput.
If he is mentally handicapped to the point that he cannot make sound medical decisions for himself, then he should have a power of attorney for healthcare or a legal guardian appointed to make those decisions for him.
hsieh wrote:but if he continues to smoke and he's mentally handicapped meaning he doesn't grasp the concept that his smoking is going to kill him then what?
You describe a difficult situation. This resident may be cognitively impaired or developmentally delayed but has been permitted to smoke up to this point. He may not understand the effects of smoking but even if he did, he would likely continue to smoke anyway just like others with no impairments do. My guess is that making any changes in his routine would not only traumatize him but may invade his rights. If he's becoming unsafe with smoking or is experiencing dramatic declines in his usual state of health, his guardian or DPOA should be consulted to review his care plan and possibly make changes. This may include smoking cessation or transfer to a facility that provides higher levels of care. On the other hand, the resident may be permitted to continue to smoke so long as fire safety is guaranteed. Good luck.
R
Believe it or not the state as guardian insists that part of the monies that patients receive be spent on smokes although they may have diagnosed copd/resp failure. the sad fact with alot of these pt.s is that their care givers gave them the smokes to begin with.. yes ,your taxes really are spent this way. it is considered pt. abuse to withold their smokes.. this is really sad. this is also very true as i have personally talked with several caregivers.
if it's ok to let somebody who needs oxygen to smoke is it ok to let people jump off bridges or buildings? why isn't suicide legal?
LMAO at being addicted to jumping off buildings!
I'd have a talk with the patient's POA-HC because even if the person doesn't need o2 now, they may in the future and you would hate to have him all settled in to one place only to have to make him move.
