Unlicensed DON Provided Nursing Oversight and Direct Care
Summary
The deficiency involves the facility’s failure to ensure that nursing services were provided by a licensed nurse when the Director of Nursing (DON1) worked while her nursing license was under temporary suspension. A document from the South Carolina Department of Labor Licensing and Regulation dated June 18, 2025, stated that DON1’s license to practice nursing in the state was temporarily suspended effective immediately, until further order of the Board. Despite this suspension, DON1 continued to work at the facility on June 18, 2025, and June 23, 2025, performing DON duties and providing nursing leadership oversight without a valid nursing license. The facility’s own job description for the Director of Nursing, signed by DON1, specified that the DON must be a registered nurse in good standing with the State Board of Nursing and responsible for overall management of the nursing department, staffing levels, resident safety, and direct resident care as needed. During the period of suspension, DON1 provided direct care and clinical oversight for at least two residents. For one resident (R4), the electronic medical record for June 2025 documented that on June 23, 2025, the resident approached DON1 to assess a large erythematous and ulcerated rash under the right pectoral area. The note indicated that the nurse practitioner and physician were made aware and examined the area, and that DON1 contacted the wound provider and obtained orders for Mycolog II cream twice daily for 14 days, Diflucan 100 mg by mouth daily for 5 days, Keflex 500 mg by mouth twice daily for 10 days, and Interdry application several hours after the cream. The documentation further showed that at 2:33 PM that same day, DON1 entered medication orders for Diflucan and Cephalexin for erythrasma, and later documented extensive interaction with the resident regarding showering and timing of leg wraps, including multiple reminders and an explanation of her need to leave the facility for an appointment. For another resident (R5), the electronic medical record for June 2025 showed that DON1 completed a weekly summary note and signed an interdisciplinary team (IDT) conference assessment on June 18, 2025, the same date her license suspension became effective. These entries indicated that DON1 was performing clinical assessment and documentation functions for this resident while not legally authorized to practice as a nurse. Human Resources staff later stated that they were unaware of the suspension at the time and that DON1, a salaried exempt employee who did not clock in and out, continued to perform typical DON duties during this period. The survey agency determined that the facility’s noncompliance with nursing services requirements, specifically allowing an unlicensed individual to function as the DON and provide direct resident care, constituted Immediate Jeopardy related to 42 CFR §483.35(c)(3) Nursing Services.
Removal Plan
- Notify the Medical Director of the Immediate Jeopardy and complete any additional required external notifications if applicable.
- Initiate a primary source audit of all currently employed licensed nursing staff to confirm active licensure and good standing; print/electronically save verification evidence and place it in personnel files.
- Complete a look-back investigation for all shifts worked by the ex-employee; assess/interview identified residents.
- Provide mandatory re-education to licensed nursing staff on the requirement to immediately notify the Administrator and/or DON of any license investigation, consent order, suspension, restriction, expiration, or other status change.
- Monitor compliance through QAPI; report results monthly for three months and quarterly for three additional quarters; QAPI Committee to re-evaluate need for further monitoring; Human Resource Director responsible for monitoring and follow-up.
- Upload current active nursing licenses for all licensed nursing staff into the facility’s human resources system to centralize and improve access to credential verification.
- Re-educate the Human Resources Director on the licensure certification and registration of personnel policy.
- Implement a process requiring all newly hired employees to sign an attestation that they must inform the Administrator/DON/HR Director of any licensure investigation, consent order, or change in licensure status; failure to report may result in discipline up to termination.
- Initiate an attestation for all currently employed licensed personnel regarding responsibility to report any licensure investigation, consent order, or change in licensure status; failure to report may result in discipline up to termination.
- Complete all attestations for licensed personnel; employees will not work until the attestation is completed.
- Implement a standardized license verification form and a central licensure tracking log with verification and expiration dates.
Penalty
Resources
Below are regulatory guidelines relevant to this citation:
Failure to Maintain Required RN Coverage: The facility did not have an RN in the building for at least 8 consecutive hours a day, 7 days a week on multiple dates. Administrative Nurse D verified that no RN was present for the required coverage or serving as charge nurse on those dates, despite the facility policy requiring daily RN coverage and a full-time DON.
Failure to Maintain Required RN Coverage: The facility failed to ensure an RN was on duty for at least 8 consecutive hours a day, 7 days a week on multiple reviewed days. Daily HR reports showed zero RN hours worked on several dates, and both the DON and ADM stated they could not explain why RN coverage was absent, while acknowledging the requirement for daily RN coverage and the administrator's responsibility for staffing.
RN and DON Coverage Not Maintained: The facility failed to ensure an RN served as DON on a full-time basis and failed to maintain RN coverage for at least eight consecutive hours each day. Staffing schedules, timecards, and staff interviews showed no RN worked on two days and no DON was present for several days. Interviews also confirmed the DON coverage was intermittent, with one RN serving only on limited days and another stating she had no documentation showing she worked in the facility after the prior DON left.
Lack of Documented Daily RN Coverage: Surveyors found that the facility did not have documented RN coverage scheduled for at least 8 consecutive hours per day, 7 days a week. Review of staffing postings showed multiple days without the required RN coverage, and the ANHA stated there were no other documents available to verify RN coverage. No policy was provided by the end of the survey.
RN Coverage Not Maintained: The facility failed to ensure RN services for at least 8 consecutive hours per day, 7 days a week. Time records showed missing RN coverage on multiple days, and the DON and ADM acknowledged that RN staffing hours were absent at times. The facility policy required RN coverage and allowed DON hours to count toward the requirement.
RN Coverage Not Maintained as Required: The facility failed to maintain RN coverage for at least 8 consecutive hours per day. Record review showed multiple days with no RN in the building within a 24-hour period and other days with less than 8 consecutive hours of RN coverage. Interviews confirmed the Staffing Coordinator and DON leadership understood the coverage expectation differently, and the facility sometimes relied on an on-call RN to come in if issues arose.
Failure to Maintain Required RN Coverage
Penalty
Summary
The facility failed to use the services of a Registered Nurse (RN) for at least eight consecutive hours a day, seven days a week. Review of the Registered Nursing Staffing Schedule for March 2026, April 2026, and May 2026 showed the facility lacked an RN on 03/16/26, 03/21/26, 03/22/26, 04/04/26, 04/18/26, 05/02/26, 05/03/26, 05/16/26, 05/23/26, 05/24/26, and 05/31/26. On 06/03/26 at 09:00 AM, Administrative Nurse D verified that the facility did not have an RN in the building for eight consecutive hours or working as a charge nurse on those dates. The facility's RN policy, dated January 2024, stated the facility would employ an RN for at least eight consecutive hours a day, seven days a week and would designate an RN to serve as the DON on a full-time basis, with the DON serving as charge nurse only when the average daily census was 60 or fewer residents.
Failure to Maintain Required RN Coverage
Penalty
Summary
The facility failed to use the services of a registered nurse for at least 8 consecutive hours a day, 7 days a week on 10 of 15 days reviewed for RN coverage. Review of the daily HR total employee hours reports provided by the ADM showed zero RN hours worked on 10/05/25, 10/15/25, 10/18/25, 10/19/25, 10/23/25, 11/01/25, 11/06/25, 11/16/25, 12/27/25, and 12/28/25. The report stated the facility failed to ensure RN coverage on those dates and that this could place residents at risk of missed nursing assessments, interventions, care, and treatment. During interview, the DON stated she was not the DON during the dates with no RN coverage and could not explain why there was no RN coverage because she started in February 2026. She stated the facility was required to have 8 consecutive hours every day, 7 days a week of RN coverage and that being without an RN was unacceptable. During interview, the ADM stated he did not know why there were no RN hours on the listed dates because he started as administrator in March 2026, but acknowledged the expectation of at least 8 RN hours daily and stated it was ultimately the administrator's responsibility to ensure staffing coverage. He also stated he could not find documentation showing an RN was in the facility for the required 8 hours and that there was no facility policy specific to RN hours, only state and federal guidelines.
RN and DON Coverage Not Maintained
Penalty
Summary
The facility failed to ensure a Registered Nurse (RN) was designated as the Director of Nursing (DON) on a full-time basis and failed to ensure an RN was working in the facility at least eight consecutive hours per day, seven days a week. Review of staffing schedules and timecard reports for 05/03/26 through 05/09/26 showed that an RN did not work on 05/07/26 and 05/08/26. Review of the same records also showed that a DON was not present in the facility from 05/05/26 through 05/09/26. During interviews, LPN #55 stated the facility did not currently have a DON and described RN, DON #82 as coming every Wednesday to serve as both DON and RN, while RN, DON #84 came two days a week to serve as DON. RN #79 stated she was unaware of how often RN, DON #84 was in the facility. RN, DON #84 stated she was the Regional Nurse, did not punch a clock, and had no documentation showing she had worked in the facility since the previous DON left on 04/29/26. RN, DON #82 stated she did not work in the facility at all from 05/03/26 to 05/09/26, and RN, DON #83 stated she only worked on 05/04/26. The DOO verified that RN, DON #83 was only in the facility on 05/04/26, that RN, DON #82 was only in the building on 05/13/26 and 05/20/26, and that there was no DON coverage in the facility from 05/05/26 through 05/09/26. The DOO also verified there was no RN in the facility on 05/07/26 and 05/08/26 as required.
Lack of Documented Daily RN Coverage
Penalty
Summary
The facility failed to have documented RN coverage scheduled for at least eight consecutive hours per day, seven days a week. During the Staffing Task of the survey, surveyors requested six months of Daily Staffing Census/Postings, and the postings provided showed multiple dates without eight consecutive hours of RN coverage, including 3/5, 3/6, 3/7, 3/8, 3/28, 3/29, 3/31, 4/14, 4/21, 4/24, and 4/28/2026. On 5/21/2026 at 3:12 PM, the Acting Nursing Home Administrator stated there were no other documents available to review for RN coverage. The facility did not provide a policy addressing the concern by the end of the survey.
RN Coverage Not Maintained
Penalty
Summary
The facility failed to ensure the services of a Registered Nurse (RN) for at least 8 consecutive hours a day, 7 days a week for 1 of 1 facility reviewed for RN coverage. Record review of the resident roster dated 05/18/2026 showed a census of 54 residents. Record review of the facility's time detail from April 2026 to May 2026 showed the facility did not have an RN working for a total of 8 hours on 04/11/2026, 04/12/2026, and 05/10/2026. During interview, the DON stated there were days when 8 hours of RN staffing hours were missing and said RN staff were important because they provided a supervisory role to LVNs and CNAs. The ADM also stated it was important to have an RN work 8 hours per day because of the additional training an RN received and said the facility was in the process of hiring more RNs. Record review of the facility's policy, Nursing Services-Registered Nurse (RN), revised 02/2026, reflected the facility would utilize the services of an RN for at least 8 consecutive hours per day, 7 days per week, and that the hours worked by the DON would count toward the requirement.
RN Coverage Not Maintained as Required
Penalty
Summary
The facility failed to use the services of a registered nurse for at least eight consecutive hours per day, seven days per week. Review of Employee Paired Punches from 12/01/2025 to 05/05/2026 showed no registered nurse in the building within a 24-hour period on 12/15/2025, 12/16/2025, and 12/18/2025, and less than eight consecutive hours of registered nurse coverage on 12/17/2025 and 02/24/2026. During interviews, the Staffing Coordinator stated that a registered nurse had to be in the building for at least eight hours per day, but the hours did not have to be consecutive. The Regional Director of Nursing stated they were aware that there had to be a registered nurse in the building for eight out of 24 hours, were aware there were times with no registered nurse in the building, and that the facility occasionally used an on-call registered nurse who would come in if there were issues. The Administrator stated they were not aware of the lack of registered nurse coverage.
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