Failure to Implement Comprehensive Smoking and Vaping Policy
Summary
The facility failed to develop and implement a comprehensive smoking policy that included guidelines for vaping, storage, charging, and noncompliance. This deficiency affected multiple residents, including one resident who was found with multiple vape devices in their room. The facility's smoking policy did not address vaping, and staff were not trained on how to handle vaping devices, leading to unsafe conditions. The resident's Smoking Safety Evaluation (SSE) form was incomplete and not properly updated, and the resident was found vaping in their room multiple times, including while asleep with the vape on their chest. Interviews with staff revealed that they were aware of the resident's vaping but did not take appropriate action because the facility's policy did not provide clear guidelines for handling vaping devices. The Director of Nursing (DON) and other staff members admitted that they did not follow the same guidelines for vaping as they did for smoking. The DON had removed vape devices from the resident's room on multiple occasions but did not implement further measures to ensure compliance with safety protocols. Other residents who smoked also had incomplete or improperly filled out SSE forms, and their care plans did not include necessary interventions to ensure their safety while smoking. Staff interviews indicated a lack of training on how to complete the SSE forms and assess smoking safety. The facility's failure to address vaping and smoking safety comprehensively had the potential to affect all residents with a desire to vape or smoke, posing a significant risk to their safety.
Removal Plan
- All smoking assessments and care plans updated by the charge nurse for twelve patients and residents that identify as a smoker. To include patients and residents that utilize electronic smoking devices. Electronic smoking devices identified as any product containing or delivering nicotine or any other substance that can be used by a person for the purpose of inhaling vapor or aerosol from the product.
- The nurses conducted the Smoking Assessments with residents who identified themselves as a smoker. The nurse identified risks and interventions that would be needed due to safety concerns for the resident. These assessments are entered into the facility's Electronic Medical Record (EMR) where the assessment outcomes are available for Social Services to develop Smoking Safety Care Plans. Social Services will print the Smoking Assessment and the Smoking or Smokeless Tobacco Care Plan to forward to the Activities Director.
- The Activities Director will maintain a Smokers and Smokeless Tobacco binder for the smoking area storage cart. This binder includes a list of residents who use tobacco products, smoking and smokeless, the smoking assessment, and the appropriate tobacco-use care plan. The Smoking and Smokeless Tobacco Binder will be stored in the locked storage cabinet at the resident's smoking area. This binder, along with the assessments and care plans provide the Smoke Break Supervisors direction on the care of the resident while participating in the tobacco use scheduled activity. Smoking supervisors are to adhere to the recommended smoking interventions and facility's smoking policy during all smoke breaks.
- All patients and residents that use nicotine products to include electronic smoking devices and smokeless tobacco signed acknowledgement of center policy and 30 day discharge issuance should policy be violated.
- All staff in-serviced regarding the centers revised smoking policy and procedure to include transitioning to a smoke free campus for all new admissions, including smokes tobacco, daily smoking schedule, safe smoking interventions to be utilized and facility action plan should the centers smoking policy be violated.
- E-cigs, vapes and other electronic nicotine distribution systems were reviewed with residents, no residents identified as using these devices. Resident use of these devices will not be permitted at the facility.
- Resident council meeting facilitated by the Activities Director to inform all patients and residents of new smokefree campus for all new admissions.
- Smoke detectors installed in all patient and resident rooms that a current smoker resides in.
- Corporate Clinical Consultant educated the Director of Nursing regarding instructions on how to complete the Safe Smoking Assessment form for all patients and residents. The Director of Nursing was informed that all Licensed Practical Nurses and Registered Nurses can complete and interpret the Safe Smoking Assessment and implement safe smoking interventions. The Director of Nursing implemented education with all Licensed Practical Nurses and Registered Nurses with instructions on how to complete and interpret the Safe Smoking Assessment.
Penalty
Resources
Below are regulatory guidelines relevant to this citation:
Failure to Follow Smoking Policy: Two residents who were cognitively intact were involved in smoking-related policy failures. One resident with a history including kidney transplant aftercare, muscle weakness, and HTN was observed holding a cigarette and a match in the hallway and stated she was allowed to keep them and smoke outside alone, while another resident with type 2 DM stated he smoked without supervision and shared cigarettes with another resident. The ADON stated the facility was not aware one resident was a smoker, did not have a baseline care plan on admission, and did not follow the policy prohibiting matches and sharing smoking items.
Failure to maintain resident smoking materials: A resident was observed carrying a lighter and cigarettes in his vest pocket instead of having them kept in the designated smoking box. The resident said he kept the items on his person because residents and staff took cigarettes and lighters from the box. A housekeeper reported frequent issues with items being taken from the box, and the DON stated staff were expected to follow the smoking policy and keep residents' smoking materials in the designated smoking box.
Unsecured Smoking Materials: A resident who smoked daily and was cognitively intact kept cigarettes and a lighter in an unlocked drawer and an unsecured cabinet, despite facility policy requiring smoking safety protections. The resident reported leaving the room door open at times and said a confused resident had entered the room on several occasions and rummaged through his belongings. The DON confirmed the resident was considered an independent smoker, but the smoking paraphernalia was not secured.
The facility failed to ensure its smoking policy addressed safe smoking areas for independent smokers. Two residents with COPD and other diagnoses were told they could go off property and smoke across the street outside designated smoking times, even though the written policy only allowed smoking in designated areas outside the building and did not mention LOA or off-property smoking. Surveyors observed the area across the road had no sidewalk or crosswalk and was a narrow roadway with nearby buildings and vehicles.
Failure to complete quarterly smoking evaluation for a dependent smoker. A resident with dementia was identified as needing direct supervision to smoke, but the record showed no updated smoking evaluation after the initial assessment. Staff stated smoking assessments were to be completed on admission and quarterly, and an observation found the resident smoking with difficulty holding the cigarette.
A resident with mild cognitive impairment and tobacco use had cigarette packs on his bedside table despite a care plan requiring supervised smoking, designated smoking times and areas, and storage of all smoking supplies in a locked box at the nurse’s station. The resident said he usually kept his cigarettes on the table and got them from the store when he went out. Staff, including the ADON, CNA, RN, and DON, stated that residents were not allowed to keep cigarettes or lighters in their rooms and that smoking materials were to be secured and used only during supervised smoke times.
Failure to Follow Smoking Policy
Penalty
Summary
The facility failed to follow its Smoking Policy for two residents who were identified as smokers. Resident 1’s face sheet showed admission with diagnoses including orthopedic aftercare following kidney transplant, muscle weakness, and hypertension, and the MDS indicated intact cognitive skills for daily decisions. During a concurrent observation and interview, Resident 1 was seen in the hallway in a wheelchair holding a cigarette and a match, and stated the facility allowed her to keep cigarettes and a match with her and to go outside to smoke by herself at any time. Resident 1 also stated she was not informed of the facility’s smoking policy upon admission. Resident 2’s face sheet showed admission with type 2 DM, and the MDS indicated cognition was intact and that the resident needed set-up or clean-up assistance with several ADLs. During interview, Resident 2 stated he smoked without supervision and shared cigarettes with another resident who also smoked. The ADON stated the facility failed to have a baseline care plan upon Resident 1’s admission, was not aware Resident 1 was a smoker, did not follow the policy prohibiting residents from having matches, and did not follow the policy against residents sharing smoking items with other residents. The facility’s Smoking Policy stated residents are informed of the smoking policy and designated smoking areas prior to and upon admission, smoking status is evaluated upon admission, and all forms of lighters, including matches, are prohibited.
Failure to Maintain Resident Smoking Materials
Penalty
Summary
The facility failed to implement its smoking policies and procedures to ensure residents' smoking materials were maintained by nursing staff for 1 of 3 residents reviewed for smoking safety. During observation, Resident #74 was seen carrying a lighter and cigarettes in his vest pocket and then removed the items from his pocket. In interview, the resident stated he kept the items on his person because residents and staff took cigarettes and lighters from the designated smoking box. A housekeeper stated residents were expected to place their cigarettes and lighters in the designated smoking box after smoking, but there had been frequent issues with cigarettes and lighters being taken from the box, resulting in residents keeping the items on their person. The DON stated her expectation was that staff would follow the facility's smoking policy by maintaining residents' smoking materials in the designated smoking box. The facility policy stated that all smoking and smokeless tobacco materials of residents who use them would be maintained by nursing staff.
Unsecured Smoking Materials
Penalty
Summary
The facility failed to assure that smoking paraphernalia was properly secured for one resident who smoked daily. The resident had a history of tobacco use and was assessed as cognitively intact on the quarterly MDS, with a BIMS score of 15. Facility policy stated that smoking was only allowed in designated outdoor smoking areas and that safety protections applied to smoking and non-smoking residents. The DON stated that one alert and oriented resident was considered an independent smoker and could maintain control of smoking paraphernalia if it was safely maintained and safeguarded from unsafe use. Observation and interview showed that the resident kept cigarettes in an unlocked drawer in the room with a cigarette lighter, and an unlocked cabinet contained two packs of cigarettes and a butane lighter that were unsecured. The resident stated that he did not always close his bedroom door when leaving and did not always take his cigarettes or lighter with him. He reported that a confused resident had entered his room on several occasions when the door was open and had rummaged through the room and removed food items without supervision or permission. The DON later stated the facility had re-educated the resident on safe smoking practices, and the concern was identified only after surveyor notification.
Smoking Policy Did Not Address Off-Property Smoking for Independent Smokers
Penalty
Summary
The facility failed to ensure its smoking policy included information about safe smoking areas for independent smokers. The smoking policy stated that smoking was only permitted in designated resident smoking areas outside the building, but it did not address the facility practice of allowing independent smokers to go off the property to smoke outside designated smoking times. The Administrator confirmed that residents deemed safe to smoke independently were told to smoke off the property if they wanted to smoke outside the designated times, and that this practice was not included in the written policy. Resident #8 had diagnoses including above the knee amputation of the right leg, COPD, and mantle cell lymphoma, and the admission MDS showed moderately impaired cognition and use of tobacco. Resident #53 had diagnoses including COPD, depression, and right-sided sciatica, and the quarterly MDS showed intact cognition and independence with eating. The facility identified seven residents as independent smokers, including these two residents. Surveyors observed the area across the road from the facility and noted there was no sidewalk, no crosswalk, and a narrow road with buildings and vehicles nearby. Both residents stated they had been told to go across the street to smoke outside designated smoking times, and Resident #53 stated this was not safe. The Administrator, DON, and RQAN confirmed that residents could go off property to smoke via LOA and that this practice had always been in place, but it was not written in the smoking policy.
Failure to Complete Quarterly Smoking Evaluation
Penalty
Summary
The facility failed to follow its smoking policy for Resident #40 by not ensuring a safe smoking evaluation was completed quarterly. Resident #40 was admitted with a diagnosis of dementia and was identified in the care plan as a smoker at risk for injury who required direct supervision to smoke. The care plan also directed staff to perform smoking assessments according to facility policy. A Smoking Evaluation dated 03/09/2026 identified the resident as a dependent smoker who required assistance and supervision to smoke, but the record review found no updated Smoking Evaluation after that date. During observation on 07/06/2026 at 1:45 p.m., Resident #40 was seen smoking and had difficulty holding the cigarette in his hand. In interviews, staff stated smoking assessments were to be completed on admission, with change of condition, and quarterly, and that Resident #40 should have had a safe smoking assessment at least quarterly. The smoking policy dated 7/14/2024 stated the facility must evaluate patients who smoke using the Smoking Evaluation/Smokeless Tobacco Tool upon admission, quarterly, when a non-smoking patient takes up smoking or smokeless tobacco, and if unsafe smoking practices are observed.
Smoking Materials Kept in Resident Room
Penalty
Summary
The facility failed to implement its smoking policy for one resident who was reviewed for smoking compliance. The resident had diagnoses of mild cognitive impairment and tobacco use, and his care plan required that he be supervised when he smoked, smoke only during designated times and in designated smoking areas, and keep all smoking supplies in the smoking supply box at the nurse’s station or med room. His quarterly MDS assessment documented a BIMS score of 14 and noted medically complex conditions. During an observation and interview, three cigarette packs were found on the resident’s bedside table, including two empty packs and one full pack of cigarettes. The resident stated that he usually kept his cigarettes on his table and that no one had an issue with it. He also stated that he got the cigarettes from the store when he went out of the facility. Staff interviews showed that cigarettes and lighters were not supposed to be kept in residents’ rooms and were to be stored in a locked box at the nursing station for supervised smoking times. The ADON, CNA staff, RN, and DON all stated that residents should not have cigarettes in their rooms and that staff were responsible for removing them if found. The facility’s smoking policy stated that smoking was not allowed inside the facility, smoking was only permitted in designated areas, and all smoking materials were to be stored in a secure area.
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