Failure to Return Residents’ Personal Cigarettes When Leaving the Facility
Summary
The facility failed to ensure that two residents retained and used their personal possessions, specifically their cigarettes, when they left the facility grounds. Resident #13 was a male with nicotine dependence, cognitive communication deficit, and generalized anxiety disorder, and his quarterly MDS reflected a BIMS score of 15 with intact cognition. His smoking evaluation indicated he was able to safely smoke, and his care plan identified him as a smoker who was to follow the smoking schedule. Resident #37 was a female with congestive heart failure, hypertension, and mood disturbance, and her MDS also reflected a BIMS score of 15 with intact cognition. Her smoking evaluation indicated she could safely smoke, and her care plan noted that she preferred to spend most of her time outdoors smoking. On 08/13/2025, both residents requested their personal cigarettes when they were signing out of the facility for a few hours so they could smoke while off the property. Resident #37 stated that she and Resident #13 asked the hall nurse for their cigarettes, but the nurse said no. She further stated that they then asked the ADM, who told them they were not supposed to take their cigarettes with them. Resident #13 stated that staff were not treating him with dignity and respect and were taking away his rights and freedom by not allowing him to have possession of his personal cigarettes when he left the facility at various times. He stated that he would gladly return the items when he came back into the facility. Interviews with facility staff showed that the DM, ADON B, DON, and ADM all stated that residents were not allowed to take their cigarettes off the facility grounds unless they were discharged from the facility. The DM stated that residents were only allowed two cigarettes per smoking session and that the smoking policy did not allow residents to bring personal cigarettes off the grounds. ADON B stated that cigarettes were personal property but that she could not give them to residents upon signing out because of the smoking policy. The DON and ADM both stated that smoking items were considered personal property, but residents were not given their cigarettes if they checked themselves out of the facility. The facility policy stated that tobacco products and lighter devices were to be kept at the nurses' station in a locked place and were only permitted during designated smoking times under supervision, while the resident rights policy stated that residents had the right to retain and use personal possessions unless doing so would infringe on the rights or health and safety of others.
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