Wednesday, June 28, 2017

NCAL Releases New Checklist on Resident Sexual Consent

Lilly Hummel

NCAL’s Risk Management Work Group created a checklist for assisted living communities to be prepared in managing issues that may arise regarding resident sexual consent. Sexual consent for assisted living residents requires ensuring resident rights regarding confidentiality, the right to make independent choices, and the right to private unrestricted communications with others, which must be balanced with concerns about resident capacity to give consent. Different issues arise in various contexts, including two residents with capacity to give consent, one resident with capacity and one without capacity (or where capacity changes), between married and unmarried couples, and between staff and a resident.

The checklist covers a range of topics, including considerations for: state requirements, ability to consent, employee awareness/training, appropriateness of the relationship, family, harassment/bullying, and special considerations for inappropriate relations between employee and resident.

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