Failure to Report Positive Drug Test and Related Paraphernalia to Authorities
Penalty
Summary
Facility staff failed to report a positive drug test for a resident to the state agency, adult protective services, and law enforcement as required. The resident, who had a history of traumatic brain injury, epilepsy, dementia, and substance abuse, was found to have tested positive for marijuana and methamphetamines after experiencing seizure-like activity. The positive drug test was discovered following an incident where staff noted a chemical smell in the resident's room, leading to a search of the roommate's belongings and the discovery of multiple prohibited items, including vape devices, glass smoking devices, and containers of THC-a smoking material. Despite these findings and the resident's positive drug screen, the facility did not submit a Facility Reported Incident (FRI) form to the state agency or notify adult protective services or law enforcement about the drug use and related paraphernalia. The administrator confirmed during interviews that no formal notification or FRI was made regarding the positive drug test, although actions were taken in response to the roommate's possession of prohibited items and aggressive behavior. The facility's policy required immediate reporting of all alleged violations involving abuse, neglect, exploitation, or mistreatment, including injuries of unknown source and misappropriation of property, to the appropriate authorities. The deficiency was identified through staff interviews, facility document review, and clinical record review, which confirmed that the required notifications were not made following the discovery of illicit drug use and related items. The administrator acknowledged the omission and stated that the focus of the investigation was on the roommate's behaviors rather than the positive drug test, resulting in a failure to comply with the facility's abuse investigation and reporting policy.