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:
DON Did Not Work Full Time or Perform DON Duties: The facility failed to ensure the DON of record worked 40 hours per week and fulfilled DON responsibilities while repeatedly working as a charge nurse on day and night shifts. Staff reported the DON was pulled to the floor because of staffing shortages, no unit managers were available, and the DON could not complete normal DON and risk management duties while covering open shifts.
Missing Full-Time DON Oversight: The facility failed to ensure an RN was designated to serve as DON on a full-time basis after the DON quit, leaving the nursing department without the required full-time RN oversight. The facility assessment called for a full-time DON, and interviews with the DSD and Administrator confirmed the DON was responsible for overseeing nursing services and coordinating care.
RN coverage was not maintained for eight consecutive hours. Staffing records showed one RN scheduled for 5.25 hours and another RN with administrative duties scheduled for 7.5 hours, while timecards showed no RN worked a full 8-hour consecutive shift. The Administrator confirmed the gap, and the facility policy required RN services for at least 8 consecutive hours each day.
The facility failed to maintain a full-time qualified DON and failed to have RN coverage for 8 hours a day. The Facility Assessment stated that one DON would be staffed, but the Administrator reported there was no DON at the time of survey. A resident council president stated that care seemed to have gone downhill since there had not been a DON, and the facility census showed 79 residents.
RN Coverage Not Maintained for Required Hours: The facility failed to ensure an RN was scheduled for at least 8 consecutive hours a day, 7 days a week. Review of staffing schedules showed multiple days without the required RN coverage, and the DON stated the facility had staffing challenges and was actively hiring. The Administrator stated there was no staffing policy and that CMS guidelines were followed. The census documented 82 residents.
Failure to provide 8 consecutive hrs of RN coverage daily. Review of schedules showed the facility did not have consecutive RN coverage on multiple days, and the Administrator stated the RN had been splitting her day to provide 8 hrs of coverage total rather than 8 consecutive hrs. The facility policy required an RN for at least 8 consecutive hrs a day, 7 days a week, unless waived by state regulations.
DON Did Not Work Full Time or Perform DON Duties
Penalty
Summary
The facility failed to ensure the Director of Nursing (DON) of record worked full time, defined as 40 hours per week, and failed to ensure the DON could fulfill DON duties for 3 weeks from 5/4/2026 to 5/24/2026. Review of DON D’s timesheet for May 2026 showed that during each Monday through Friday work week, DON D was working as a charge nurse on day or night shifts that were anywhere from 7 to 16 hours long, including 4 of 5 days worked during the first week, 3 of 5 days during the second week, and 4 of 5 days during the third week. Multiple interviews confirmed that DON D was routinely pulled to the floor to work as a charge nurse on different shifts, including nights, because the facility did not have enough nurses and no unit managers were available. Staff stated that DON D was not available to perform DON responsibilities while working these shifts, and DON D himself reported that he had to work any open shift and was not necessarily able to do much as a DON or complete risk management duties because he was often working the floor. The DON job description stated that the DON plans, coordinates, and manages the nursing department and is responsible for overall direction, coordination, and evaluation of nursing care and services provided to residents.
Missing Full-Time DON Oversight
Penalty
Summary
The facility failed to ensure that a Registered Nurse was designated to serve as the Director of Nursing on a full-time basis. The facility assessment dated 5/29/26 stated that a DON should be present full time five days per week, and it also identified two Registered Nurse Supervisors. A review of the DON's terminated W-2 dated 6/4/26 showed that the DON's last day of employment was 6/4/26, leaving the facility without a DON in place. During interviews, the Director of Staff Development stated that the DON quit on 6/4/26 and was responsible for overseeing the nursing department, and that not having a DON created a potential for residents' quality of care to be compromised. The Administrator stated that the DON was necessary to coordinate care between staff and residents and that there was a potential for a negative outcome when the facility did not have a DON. The facility policy titled Director of Nursing Services stated that the nursing services department is managed by the DNS, who is an RN employed full-time 40 hours per week, and that the DNS may serve as charge nurse only when the facility has an average daily occupancy of 60 or fewer residents.
RN Coverage Not Maintained for Eight Consecutive Hours
Penalty
Summary
The facility failed to ensure a Registered Nurse (RN) was present for eight consecutive hours in the facility. Review of the daily posted staffing information for 06/06/26 showed one RN scheduled for 5.25 hours and a second RN with administrative duties scheduled for 7.5 hours. Review of RN #354’s timecard showed a shift from 6:40 A.M. to 12:12 P.M., and review of the former RN #513’s handwritten and unsigned timecard showed two separate shifts, from 1:00 A.M. to 2:15 A.M. and from 7:00 P.M. to 11:00 P.M. Further review found no other RNs worked on 06/06/26, and no RN worked for eight consecutive hours. During interview on 06/15/26 at 12:32 P.M., the Administrator verified that there was not an RN working in the facility for eight consecutive hours on 06/06/26. The facility policy, Staffing, last revised 09/19/24, stated the facility would utilize the services of an RN for at least eight consecutive hours a day, seven days per week.
Failure to Maintain Full-Time DON and Required RN Coverage
Penalty
Summary
The facility failed to maintain a full-time qualified Director of Nursing and failed to have a registered nurse on duty 8 hours a day. The Facility Assessment dated 1/6/26 documented that one Director of Nursing would be staffed, and the cited federal regulation requires facilities to designate a full-time RN as the Director of Nursing and to utilize RN services for at least 8 consecutive hours a day, 7 days a week, with limited waivers or exemptions in certain rural areas. During interview on 6/22/26 at 10:30am, the Administrator stated that there was no Director of Nursing at that time. During interview on 6/23/26 at 10:00am, the Resident Council President stated that it seemed like care had gone downhill since there had not been a Director of Nursing. The facility census report dated 6/22/26 documented that 79 residents resided in the facility.
RN Coverage Not Maintained for Required Hours
Penalty
Summary
The facility failed to ensure a Registered Nurse (RN) was scheduled in the facility for at least 8 consecutive hours a day, 7 days a week. On 6/16/2026, staffing schedules for May and June 2026 were reviewed and showed that the facility did not have at least 8 consecutive hours of RN coverage on multiple dates, including 5/1 through 5/6, 5/11, 5/13 through 5/24, 5/26, 5/29 through 5/31, and 6/1 through 6/4, 6/6, 6/8 through 6/11, and 6/14 through 6/17. On 6/18/2026, the DON stated the facility had challenges with nurses, used a scheduling program, and was actively hiring. The Administrator stated the facility did not have a staffing policy and followed CMS guidelines. The daily census dated 6/14/2026 documented 82 residents in the facility.
Failure to Provide Consecutive RN Coverage
Penalty
Summary
The facility failed to provide 8 consecutive hours of RN coverage daily for a census of 37 residents. Review of schedules showed that consecutive RN coverage was not provided on 5/30/26, 5/31/26, 6/6/26, and 6/13/26. During an interview on 6/18/26 at 9:55 AM, the Administrator stated she did not realize the RN coverage had to be eight consecutive hours and explained that the facility had an RN dividing up her day to provide eight hours of RN coverage total each day. The Nursing Services Staff policy revised 10/14/25 stated that the location would use the services of an RN for at least eight consecutive hours a day, seven days a week, except when waived by state regulations.
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