Failure to Obtain Valid Informed Consent for Psychoactive Medications
Penalty
Summary
Licensed nursing staff failed to ensure that a resident and/or their responsible party were properly informed in advance about the risks and benefits of psychoactive medications. The resident in question was admitted with diagnoses including dementia, mood disorder, and anxiety, and was assessed as having severely impaired cognition, requiring moderate assistance with daily activities. Despite documentation indicating the resident could not make medical decisions, the resident was asked to sign consents for psychoactive medications, including Ativan, Buspirone, and Lamictal, which were prescribed for anxiety and mood disorder. Interviews with nursing staff, including an LVN, RN Supervisor, and the DON, confirmed that the resident was confused, unable to make medical decisions, and should not have been signing consents. The facility's policy required that the risks and benefits of psychotropic medications be reviewed with the resident or their representative prior to obtaining documented consent. However, the consents were signed by the resident, who did not have the capacity to understand or authorize such decisions, resulting in a violation of the resident's right to make an informed decision regarding psychoactive medication use.