F0839 F839: Employ staff that are licensed, certified, or registered in accordance with state laws.
E

Failure to Ensure Valid Nursing License

Houston Heights Nursing And Rehabilitation CenterHouston, Texas Survey Completed on 03-21-2024

Summary

The facility failed to ensure that a Licensed Vocational Nurse (LVN A) maintained a valid license to practice. LVN A's license expired, and despite being aware of the expiration, continued to work full-time, administering medications and performing other LVN tasks. The issue was discovered during an audit of licenses, which revealed that LVN A's license was delinquent and expired. LVN A had attempted to renew the license online but faced issues with the Texas Board of Nursing's system and did not receive the necessary confirmation to proceed with the renewal. Despite multiple attempts to contact the Board, LVN A was unable to resolve the issue before the license expired. The facility's HR Manager and Director of Nursing (DON) were unaware of the expired license until the audit was conducted. The HR Manager, who had recently started working at the facility, stated that licenses were checked monthly, but she did not know when the last audit was conducted before her tenure. The DON confirmed that she did not receive any reports regarding LVN A's license status. The Administrator acknowledged that it was the staff's responsibility to ensure their licenses were renewed on time and stated that LVN A would be referred to the Board of Nursing. The facility's policies required employees to present valid licenses and certifications as a condition of employment and to provide recertifications before the expiration of current licenses. However, these policies were not effectively implemented, leading to the deficiency.

Penalty

No penalty information released
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The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.

Resources

Below are regulatory guidelines relevant to this citation:

See other F0839 citations
Failure to Ensure Licensed Nurse Maintained Active Nursing License
F
F0839 F839: Employ staff that are licensed, certified, or registered in accordance with state laws.
Short Summary

The facility failed to ensure that an LN maintained a valid, active nursing license while providing care. One LN’s license had lapsed, as confirmed through Nursys and the state board verification system, yet the LN continued working for an extended period. Interviews with administrative and nursing leadership revealed that HR was responsible for license verification and tracking expirations, but due to multiple HR staff turnovers, required checks of nursing licenses and the nurse aide registry had not been kept current, contrary to the facility’s own background screening policy.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Failure to Verify and Maintain Appropriate Nursing Licensure for Supervisory Role
D
F0839 F839: Employ staff that are licensed, certified, or registered in accordance with state laws.
Short Summary

The facility failed to ensure that a nurse employed in a supervisory RN role held an active, recognized RN license consistent with state requirements. A nurse with a Virginia compact RN license, later suspended, was working while the Maryland Board of Nursing did not recognize the license due to graduation from a non-approved program. The nurse also held a Maryland LPN license and was reportedly changed from an RN to an LPN supervisor, but facility HR could not provide documentation of when this change occurred or when the RN license was forfeited. Review of the nurse’s education and licensure history showed the school attended was removed from the state’s approved list for LPN programs before the LPN license was issued.

Fine: $55,890
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The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Unlicensed LVN Worked Multiple Shifts with Expired License
D
F0839 F839: Employ staff that are licensed, certified, or registered in accordance with state laws.
Short Summary

A facility allowed an LVN to work 14 shifts with an expired nursing license, contrary to its own job description requiring a current, active license. The LVN reported believing the license was still active and was unaware it had expired until it was renewed 22 days after the expiration. A review of state licensing records confirmed the license had gone delinquent and inactive due to failure to renew, and the DON acknowledged that the facility’s requirement for an active license was not followed, potentially affecting 59 highly vulnerable residents.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Unlicensed Staff Functioning as LPN and Independently Administering Medications
F
F0839 F839: Employ staff that are licensed, certified, or registered in accordance with state laws.
Short Summary

A CNA who had completed an LPN program but had not yet passed boards or obtained an LPN license was assigned a group of residents and independently performed licensed nurse duties, including accessing the med cart and med room, handling Schedule II controlled substances, and administering medications to several cognitively intact residents without an overseeing nurse. Video footage, resident interviews, and staff statements confirmed that this staff member was functioning as an LPN under a "license pending" designation that did not meet Illinois Nurse Practice Act requirements, and the facility’s own job description required current LPN or RN licensure for charge nurse duties.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
LPN Worked While Nursing License Was Suspended
F
F0839 F839: Employ staff that are licensed, certified, or registered in accordance with state laws.
Short Summary

An LPN worked on multiple shifts while their nursing license was under suspension, and the facility did not prevent this, affecting all residents present on those days. Facility records showed that the LPN’s license was suspended according to the state licensing agency, yet timesheets confirmed the LPN worked during the suspension period while the census reflected dozens of residents in the building. Human Resources later stated the LPN had not disclosed the suspension and acknowledged that nurses should not work when their licenses are suspended, consistent with state licensing guidance prohibiting practice during a suspension.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Expired Medication Aide Certification Not Identified Before Medication Administration
E
F0839 F839: Employ staff that are licensed, certified, or registered in accordance with state laws.
Short Summary

A medication aide continued to pass medications with an expired certification after her credential lapsed, despite the facility’s requirement for a current Texas medication aide certification and a policy allowing only state-licensed or permitted staff to administer medications. Personnel and timecard records showed she worked and was observed passing medications after expiration, while registry checks reflected an expired status. The medication aide reported she was unaware her certification had expired and cited renewal payment issues, and the DON acknowledged tracking expiration dates, knowing the aide’s certification was expired, and continuing to check TULIP, which showed the certification as expired but active.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.

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