Anonymous
Anonymous asked in Business & FinanceCareers & EmploymentHealth Care · 1 month ago

Is it legal for my sister to do a CNA’s job when she’s not an actual certified CNA?

My sister works at a nursing home as a resident aide. She does things a CNA would do such as taking vitals, handing out meds, giving the diabetic patients their diabetic shots, etc. she worked there for a year and a half but didn’t actually go to school and get her certificate to become a CNA but she’s doing exactly what a CNA would do without the certification.. is that legal?

No hate it’s just a question 

6 Answers

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  • Jason
    Lv 7
    3 weeks ago

    The certification is just a verification of training. For many, many years hospitals trained their own nursing assistants. There was no such thing as a "certified" nursing assistant. There is no professional licensure or title protection for CNAs and the job does not require certification to perform. A CNA certificate helps hospitals & nursing homes hire folks who have been trained, but they are not obligated to. They are free to hire whomever they want and train them OJT. 

    The role of the CNA is to perform nursing tasks that do not require the specific expertise of an RN or LPN. Those tasks are delegated functions -- which means the RN retains the accountability for those tasks. The CNA operates under the supervision of a licensed RN or LPN. That's why there is no requirement that they be certified or otherwise licensed.

    Source(s): Respiratory therapist (B.S., RRT, RPFT) Working on my masters in nursing
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  • April
    Lv 5
    3 weeks ago

    I'm sure a lot of places do it. A friend of mine works as a caregiver at an old age home and they do practically everything a CNA would do for lower pay. Employers are always looking for ways to cut costs.

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  • :)
    Lv 5
    4 weeks ago

    Sometimes if you’re in nursing school, you can do all of this without certification. Otherwise, this isn’t legal. CNA stands for CERTIFIED nurse assistant. If she’s not certified then this isn’t legal

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    • Jason
      Lv 7
      3 weeks agoReport

      There is no licensure, state registration, or title protection for CNAs. The certification only verifies the individual has completed that particular institution's course. It is not required to perform the job. It is an unlicensed position and there is no legal requirement for certification.

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  • 1 month ago

    No, it is not.  It is highly Illegal.  She should probably report what they are having her do, so that if something goes wrong, she doesn't get in trouble too.  She needs the protection just as much as they do.

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    • Jason
      Lv 7
      3 weeks agoReport

      It is not illegal at all. CNAs have no legal scope of practice that is defined or protected by licensure, registration, or title protection. CNA tasks are delegated nursing functions. The RN is responsible and accountable for the CNAs role in patient care. 

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  • 1 month ago

    Possibly. If state law required all workers there to  be licensed or certified etc, then its not legal. If they dont specify then its not. Contrary to what people believe, for example, MAs dont need to be certified or even formally trained in physician offices. They work under the physician's license in a legal construct called "let the master answer".  So without more investigation, cant say whether your sister is legal or not.

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  • Anonymous
    1 month ago

    Of course its legal. Many shift leaders do exactly what assistant managers do.  Title is meaningless.  Unless she is writing scripts without a license.

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