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

Failure to Ensure Nursing License Renewal

SorrentoSan Antonio, Texas Survey Completed on 04-05-2024

Summary

The facility failed to ensure that LVN A renewed his nursing license before the expiration date, resulting in him practicing nursing with an expired license. This was discovered through record review, observation, and interviews. LVN A's personnel file revealed that his Texas LVN nursing license had expired, and verification on the Texas Board of Nursing website confirmed the delinquent status. Despite this, LVN A continued to work for five days, providing care to residents without a valid license. During interviews, LVN A stated he was unaware of the expiration and believed his license was valid until 2025. The HR Coordinator, responsible for verifying licenses, also failed to notice the expired license and did not communicate this information to the Director of Nursing (DON) or other management members. The HR Coordinator admitted to not sending a license report to the DON or any other member of management and relied on the nurses to renew their licenses. The Administrator, who was new to the facility, and the DON both stated that they were not informed about the expired license until after surveyor intervention. The facility's policy required the HR Coordinator to monitor license expirations monthly, but this was not effectively implemented. As a result, LVN A worked a total of 47.15 hours with a delinquent license, which was only addressed after the surveyor's intervention.

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
Unlicensed Nursing Supervisor Worked a Shift
D
F0839 F839: Employ staff that are licensed, certified, or registered in accordance with state laws.
Short Summary

An LPN-level nursing supervisor worked a shift after the nurse's license had expired, and the DON confirmed the nurse provided care without a valid license.

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 RN License at Hire
D
F0839 F839: Employ staff that are licensed, certified, or registered in accordance with state laws.
Short Summary

Failure to verify RN license upon hire for an as-needed RN. HR stated the license check was missed when the nurse was hired, and corporate later notified the facility that the individual did not have RN licensure. The personnel file contained no RN license, and the Administrator stated HR should have verified the license at hire.

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 LVN License Not Identified
D
F0839 F839: Employ staff that are licensed, certified, or registered in accordance with state laws.
Short Summary

An LVN worked with an expired license after the facility failed to properly verify her credential status. The DON was unaware of the expired license, and the Administrator said the issue was found during an audit of licensed nurses. HR stated license checks were done on hire and annually, but the report used did not fully show the expiration date. The LVN said she did not know her license had expired.

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 Nursing License
D
F0839 F839: Employ staff that are licensed, certified, or registered in accordance with state laws.
Short Summary

Expired Nursing License: The facility failed to ensure an LVN maintained an active license while working as a nurse. Record review showed the LVN worked multiple shifts during the review period, and the BOM stated the LVN was later sent home after the facility found the license had expired. The BOM and ADM stated the BOM was responsible for checking nursing staff licenses, and the facility policy required current licensure verification and recertification before expiration.

Inspection fine: $13,0705 days payment denial
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 RN Allowed to Work Due to Faulty License Verification
D
F0839 F839: Employ staff that are licensed, certified, or registered in accordance with state laws.
Short Summary

A nurse was hired and worked as an RN for an extended period without a valid Arizona RN license after HR verified the wrong individual’s license based on a similar name and did not obtain a copy of the actual license. The nurse functioned as a floor RN, passing meds and assessing residents, while only holding an RN license from a non-compact state and awaiting Arizona endorsement. AZBN later informed HR that the nurse did not have an active Arizona license and should not be working as an RN, but the nurse continued to be scheduled for several days after this notification. The Administrator and DON initially believed or assumed the out-of-state license allowed practice, and only later confirmed that the other state was not part of the Nurse Licensure Compact, contrary to facility policy requiring verification and documentation of valid licensure before staff work in licensed roles.

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 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.
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