Failure to Obtain Resident Consent for Searches Related to Drug Policy
Penalty
Summary
A deficiency was identified when the facility failed to ensure that searches of a resident or their personal belongings were only conducted with the resident's voluntary agreement and understanding of the reason for the search. Facility policy required resident consent for searches, but documentation and interviews revealed that a resident with a history of substance abuse, depression, insomnia, and anxiety was subjected to searches, including the use of drug-sniffing dogs, without documented consent. The Director of Nursing and the physician confirmed that the resident had not signed the facility's Drug Use Policy or consented to searches, as she routinely refused to sign such documents. The resident was found in possession of a pill, which she admitted to hiding after a nurse left her medication unattended. Staff interviews indicated ongoing concerns about the resident's behavior, including allegations of selling medication to other residents and substance abuse. Despite these concerns, the facility's actions included conducting searches and involving law enforcement without documented resident consent, as required by both facility policy and state regulations. A grievance was filed by the resident, alleging harassment by facility leadership in their efforts to locate drugs. The clinical record and staff interviews confirmed that searches were performed and that the resident was not informed or did not agree to these actions. This failure to obtain voluntary agreement and ensure the resident understood the reason for the search resulted in a violation of resident rights and dignity as outlined in state code.