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

Unlicensed Respiratory Care Staff Performing Independent Duties

Bria Of Elmwood ParkElmwood Park, Illinois Survey Completed on 02-03-2025

Summary

The facility failed to employ credentialed certified respiratory staff as required by state law, impacting the care provided to residents requiring respiratory care. Observations and interviews revealed that a respiratory technician, identified as V5, was performing tasks independently without the necessary certification. V5 was observed providing tracheostomy care, administering medications, and conducting assessments for residents, despite not being a certified respiratory therapist. V5 has been working independently since January 2023, although initially hired as a student in January 2022. The facility's Human Resources Director, V6, acknowledged that V5 does not have a respiratory therapy license and was aware of this since October 2024. Despite this knowledge, no action was taken to rectify the situation. The Regional Respiratory Program Director, V7, stated that V5 was supposed to work under supervision, but observations indicated otherwise. V5's responsibilities included tasks typically performed by licensed respiratory therapists, such as suctioning, tracheostomy care, and responding to respiratory emergencies, without the required supervision. The facility's job description for respiratory therapists requires a graduate of an accredited program and a current license, which V5 and another technician, V10, do not possess. The Respiratory Care Practice Act mandates that individuals performing respiratory care must be licensed and supervised, which was not adhered to in this case. The facility's failure to ensure that V5 and V10 were appropriately credentialed and supervised poses a risk to the residents requiring respiratory care.

Penalty

Fine: $74,375
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.

Resources

Below are regulatory guidelines relevant to this citation:

See other F0839 citations in Ohio
Interim DON Practiced with Lapsed RN License
F
F0839 F839: Employ staff that are licensed, certified, or registered in accordance with state laws.
Short Summary

A facility allowed an Interim DON to serve and practice as a Registered Nurse with a lapsed and inactive license, despite reminders and assistance from HR to renew. The license remained inactive due to incomplete renewal, and both the Administrator and HR were unaware of the lapse until it was confirmed during a complaint investigation.

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.
Unqualified Staff Administered Narcotics and Insulin
D
F0839 F839: Employ staff that are licensed, certified, or registered in accordance with state laws.
Short Summary

A certified medication aide/tech who had not completed required training administered narcotic medication and insulin to two residents with complex medical histories. Facility records, interviews, and policy review confirmed the aide/tech was not qualified to give these medications, in violation of facility policy requiring administration by licensed or legally authorized staff.

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

A facility failed to ensure all nurses had active licenses, resulting in an LPN working with an expired license. The issue was discovered during a complaint investigation, and the IDON confirmed the LPN worked post-expiration. An assessment of residents and medication audits showed no issues.

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 LPN License Before Hire
C
F0839 F839: Employ staff that are licensed, certified, or registered in accordance with state laws.
Short Summary

The facility did not verify an LPN's active and unrestricted nursing license before hiring. The absence of documented evidence of license verification was confirmed by the Administrator. Although the LPN's license was later confirmed to be active and unrestricted, this verification happened post-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 CRMA Licenses Lead to Medication Administration Deficiency
E
F0839 F839: Employ staff that are licensed, certified, or registered in accordance with state laws.
Short Summary

Two STNAs administered medications with expired CRMA licenses, affecting 21 residents. The issue was identified through a review of medical and staffing records, revealing multiple instances of noncompliance. Interviews confirmed the oversight, which was investigated under a specific complaint number.

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.

65.1% of Ohio facilities received at least one citation during their inspection in the last 12 months.Will yours be survey-ready?

Surveyors issued 55 serious citations across Ohio in the last 12 months. See exactly what they're citing.

Get ready for your next survey

See what surveyors are citing in Ohio and spot your risk areas before they do.

Monthly Citation Reports

Have you been cited for this tag?

Save hours drafting a compliant Plan of Correction — AI built on real approved POCs.

Plan of Correction Writer

Trusted data from CMS and state health departments

Every citation, penalty and Plan of Correction is sourced from public CMS records (latest release May 27, 2026) and official state health department websites — never guesswork.

Trusted by long-term care providers and associations.

Allegria Senior Living logo
FHCA logo
WeCare Centers logo
Care Rehab logo
An unhandled error has occurred. Reload 🗙