Resident's Cell Phone Withheld by LVN in Violation of Resident Rights
Penalty
Summary
A licensed vocational nurse (LVN) removed a resident's personal cell phone, depriving the resident of access to her property for several hours. The incident occurred after the resident, who has diagnoses including metabolic encephalopathy, dementia, and generalized anxiety disorder, requested pain relief ointment. The LVN refused the request, stating it was not time for the next scheduled application, which led the resident to threaten to call the police. In response, the LVN took the resident's phone as she was leaving the room, with the stated intention of preventing the resident from making calls. The resident, who was assessed as having intact cognition and required assistance with mobility, reported being unable to contact her family or the police during the period her phone was withheld. Interviews with staff and administration confirmed that taking a resident's personal property, such as a cell phone, is a violation of resident rights and facility policy. The LVN later stated she had forgotten the phone was in her pocket after responding to another resident's fall, but the administrator and other staff indicated the action was intentional and contrary to policy. Facility records and interviews further established that staff are trained not to interfere with residents' personal property and that such actions are considered misappropriation. The facility's policies explicitly state that residents' private property must be respected at all times, and staff are not permitted to handle or remove personal belongings without permission. The incident was documented in the Provider Investigation Report and led to the LVN's termination for insubordination.