Failure to Enforce Non-Smoking Policy for Resident
Penalty
Summary
The facility failed to effectively implement its non-smoking policy for a resident with a history of respiratory failure, metabolic encephalopathy, delusional disorder, and visual hallucinations. The resident was assessed as having intact cognition but was dependent for all activities of daily living. Despite being informed of the facility's non-smoking policy prior to admission and during periodic assessments, the resident was observed smoking on facility grounds and in possession of smoking materials, which was against the facility's stated policy. The resident had previously demonstrated non-compliance with the smoking policy, including not smoking only in designated areas and not adhering to correct smoking times. On one occasion, the resident was observed outside the facility in a wheelchair, removing cigarettes and a lighter from her purse and lighting a cigarette. Staff were notified and intervened to educate the resident. Later, the resident was asked by an RN to remove smoking materials from her purse, but she attempted to avoid compliance by leaving the area and denying possession of the materials when approached by a social worker. The facility's policy required informing residents and responsible parties of the non-smoking policy prior to admission and posting the policy within the facility, but these measures were not effectively enforced in this case.