Failure to Honor Resident Smoking Rights Due to Premature Schedule Change
Penalty
Summary
The facility failed to honor the rights of 17 out of 19 residents who smoke by not allowing them access to a scheduled 5:30 PM smoke break as previously communicated. Residents were informed that the 5:30 PM smoke break would be discontinued starting on a Monday, but were told they would still have access to this break over the weekend. However, on the weekend prior to the scheduled change, residents were not permitted to go outside for the 5:30 PM smoke break due to lack of staff supervision. Multiple residents reported being upset and confused when the break was not provided as expected, and staff confirmed that the activity aide responsible for supervising the break was unavailable, resulting in the discontinuation of the break earlier than planned. Facility documentation showed that residents were given notice of the upcoming change and signed forms acknowledging the new smoking schedule, which was to take effect on a specific date. Despite this, the 5:30 PM smoke break was eliminated prematurely, contrary to what was communicated to the residents. The facility's own policies state that residents deemed safe to smoke should be allowed to do so at designated times and areas, in accordance with their care plans. The failure to provide the scheduled smoke break as communicated resulted in residents not being able to exercise their rights to self-determination and dignity as outlined in the facility's policies.