Failure to Obtain Proper Consent for Influenza Vaccination
Penalty
Summary
The facility failed to obtain proper consent or refusal for influenza vaccination from the responsible parties of two residents with severe cognitive impairment and court-appointed conservators. In the first case, a resident with severe cognitive impairment and a conservator had previously received consent for the influenza vaccine from the conservator, but the conservator changed, and no new consent or refusal was obtained from the new conservator for the current vaccination season. The immunization record did not indicate whether the resident had received or been offered the influenza vaccine for the current season. In the second case, another resident with severe cognitive impairment was initially self-responsible and gave consent for the influenza vaccine, but later had a conservator appointed. For the current vaccination season, neither consent nor refusal was obtained from the new conservator. Although the facility attempted to contact conservators and power of attorneys via email to obtain consent, the process was incomplete, and the immunization record did not reflect whether the vaccine was offered or administered for the current season.