Improper Use of Physical Restraints on a Resident
Penalty
Summary
Surveyors identified a deficiency related to the improper use of physical restraints for one resident. During the overnight shift, a staff member placed a bedside tray table and wheelchair against the resident's bed, which restricted the resident's ability to move freely. This action was captured on video and reported by the resident's family, who alleged that the resident was restrained during the night. The staff member involved was suspended pending investigation, and the assigned LPN did not respond to facility inquiries regarding the incident. The resident involved had a documented medical history that included multiple diagnoses and was assessed using the Minimum Data Set (MDS), which indicated cognitive status and care needs. The resident's care plan included interventions requested by the family, but there was no documentation or evidence that the use of physical restraints was required to treat the resident's medical symptoms. The facility's policy on a restraint-free environment defines physical restraints as any device or equipment that the resident cannot remove easily and prohibits their use for discipline or convenience. Interviews with staff confirmed that the tray table and wheelchair were intentionally positioned to restrict the resident's movement, and staff acknowledged that this constituted a restraint. The facility failed to ensure that the resident was free from physical restraints imposed for purposes of discipline or convenience, as required by federal regulations. The deficiency was substantiated by direct observation, interviews, and review of facility documentation.
Plan Of Correction
F-604 Right to be Free from Physical Restraints Element 1: Resident number 2 was immediately assessed by Licensed Nurse with [R]. Resident was also assessed by Nurse Practitioner or [R] with [R]. Involved [R] was immediately suspended pending investigation on [R]. The [R] received a one-on-one re-education from the Director of Nursing and licensed nurse educator on Residents' rights, identifying and reporting [R] prevention and reporting or [R]. The involved [R] was reported to the Board of Nursing on 06/09/2025 and blocked from returning to the facility. A FRIDAY form was completed and submitted to the Department of Health for the [R] on 6/9/2025. The [R] returned to work on [R]. A repeat in-service education was provided by the Director of Nursing on Residents' rights, identifying and reporting [R] prevention and reporting. The [R] is placed on a 30-day Performance Improvement probationary period and will be monitored and reviewed by the Director of Nursing/designee. Element 2: Address how the facility will identify other residents having the potential to be affected by the same deficient practice. All residents have the potential to be affected by this cited practice. Element 3: Address what measures will be put into place or systemic changes made to ensure that the deficient practice will not recur. On NJ Executive Order 26.451, and ongoing, ALL staff were re-educated by the Director of Nursing and licensed nurse staff educator on Federal regulations on restraint use and prohibition under F604. Abuse prevention, reporting, and intervention. Steps to protect residents when restraint use is observed, or abuse is suspected. ALL staff signed attendance sheets and demonstrated understanding through return demonstrations, written quizzes, or verbal validation. This in-service education and competencies will be given during orientation for newly hired staff, annually, and as deemed necessary by the nurse educator. Element 4: Indicate how the facility plans to monitor its performance to make sure that solutions are sustained. The Director of Nursing/Designee will do weekly random audits of 15 residents for 4 weeks covering all shifts to ensure that residents are free from physical restraint, then monthly for 3 months. Negative findings will be addressed immediately through one-on-one re-in-service education, progressive disciplinary measures as appropriate by the Director of Nursing and/or nursing supervisors. The results of all audits will be submitted to the Quality Assessment and Assurance (QAA) committee, who meets quarterly for review and will determine the necessity of future audits and recommendations. Completion date: 07/09/2025.