Failure to Report Suspected Drug Use to Law Enforcement
Penalty
Summary
The facility failed to report a reasonable suspicion of a crime to law enforcement after a resident was identified with an odor of marijuana upon returning from the smoking area. Staff immediately reported the odor to the assigned nurse, who then conducted a drug screen with the resident's consent. The drug screen tested positive for cannabinoids (THC), and the resident later admitted to having smoked a THC vape obtained from another resident. A search of the resident's room was conducted, but no illegal substances were found. Despite the facility's policy requiring law enforcement to be contacted when items posing a health and safety risk are found or suspected, the Director of Nursing and the Administrator decided not to notify law enforcement. Their rationale was based on the absence of physical evidence after the room search and the belief that law enforcement would not be able to take further action. The failure to report the incident to law enforcement constituted a deficiency in following the facility's own policy and regulatory requirements.