Resident's Right to Refuse Physical Contact Not Honored
Penalty
Summary
A deficiency occurred when a licensed nurse (LN B) physically assisted a resident who was lying on a blanket in the hallway by lifting her from the floor and placing her in bed, despite the resident's repeated verbal refusals and explicit statements that she did not consent to being touched. The resident, who was self-responsible and experiencing significant pain at the time, repeatedly told LN B not to touch her and requested that the police be called, but LN B did not comply with these requests. LN B later acknowledged that he should not have touched the resident without her consent. Interviews with other staff, including the Director of Nursing and additional licensed and unlicensed staff, confirmed that facility policy and standard practice require staff to respect residents' rights to refuse physical contact and to be treated with dignity. The facility's policy on resident rights, as well as staff statements, indicated that touching a resident without consent is a violation of those rights. The incident resulted in the resident feeling disrespected and that her rights had been violated.