Failure to Obtain Consent Before Room Search and Removal of Resident's Belongings
Penalty
Summary
Facility staff failed to protect a resident's right to dignity and respect when the Administrator and DON entered the resident's room and removed personal belongings without obtaining consent from the resident or the resident's representative. The facility's own policy requires that staff must not conduct searches of a resident's personal belongings unless the resident or their representative agrees to a voluntary search and understands the reason for it. In this case, the resident was hospitalized at the time of the search, and neither the resident nor their representative was contacted for permission prior to the search and removal of items. The incident involved a resident with diagnoses including diabetes, anxiety, and bipolar disorder, who was not exhibiting any behaviors at the time. Staff had been informed that the resident had marijuana in their room, prompting the Administrator and DON to search the room and confiscate six bags of marijuana-infused edibles and two vape pens, among other items. The resident later expressed concern about the search being conducted without their knowledge or consent, learning about it only after returning from the hospital. The Administrator confirmed that consent was not obtained prior to the search, which was in violation of facility policy.