Failure to Treat Residents with Respect and Dignity During Smoke Break Incident
Penalty
Summary
Certified Nursing Assistant (CNA) D failed to treat two residents with respect and dignity during an interaction related to scheduled smoke breaks. One resident, who had severe cognitive deficits due to conditions such as COPD and alcohol-induced dementia, and another resident with moderate cognitive deficits and a history of schizophrenia, HIV, insomnia, and alcoholic cirrhosis, were involved in the incident. CNA D told the residents that she did not have to take them out to smoke, which was perceived as disrespectful and argumentative by the residents. This exchange was recorded by one of the residents, who felt that their rights were being violated. The incident occurred when the facility was running behind on scheduled smoke breaks. CNA D, reportedly irritated by the delay, told the residents that she would not take them out to smoke and that they could not always expect to go at the same time. During the interaction, CNA D used a stern and argumentative tone, telling the residents that she could take away their smoking privileges and questioning one resident about recording the conversation. The video evidence and resident interviews confirmed that CNA D's manner was not consistent with treating residents with respect and dignity, as required by facility policy and resident rights regulations. Both residents expressed that they felt disrespected by the way CNA D spoke to them, with one resident specifically stating that he felt he was not treated with respect. The Director of Nursing (DON) acknowledged that CNA D did not have the authority to deny residents their smoke break and that her behavior violated the residents' right to be treated with respect. The facility's policies require all employees to treat residents with kindness, respect, and dignity, which was not upheld in this instance.