Failure to Enforce Smoking Policy and Ensure Smoking Safety
Penalty
Summary
The facility failed to establish and implement policies regarding smoking, smoking areas, and smoking safety in accordance with applicable laws and regulations, specifically as it relates to both residents and staff. An incident was observed in which a certified nursing assistant (CNA) was seen on video using what appeared to be a vape device while providing care to a resident in the restroom, with another CNA present. The resident involved had significant medical conditions, including normal pressure hydrocephalus, Alzheimer's disease, adult failure to thrive, hyperlipidemia, hypertension, and depression, and was assessed as cognitively impaired and at risk for falls. The resident required assistance with transfers and toileting due to generalized weakness and poor balance. The facility's policy stated that team members were only permitted to smoke in approved designated areas and that smoking, including the use of electronic devices, was prohibited in all other areas, especially where it could create hazardous or unsafe conditions. Despite this policy, the CNA admitted to using a vape device while caring for the resident, which was corroborated by video evidence and interviews. The resident was not aware of the incident until informed by a family member who had seen the video footage. The facility's records indicated that this was the CNA's first such incident and that there had been no prior grievances filed against her.