Vaccinations Administered Without Informed Consent
Penalty
Summary
The facility failed to honor a resident's right to informed consent and self-determination when administering vaccinations. Resident 1, who was admitted with hemiplegia following a cerebral infarction and was documented as his own responsible party, reported that after admission he was given COVID-19 and influenza vaccines via intramuscular injection. He stated that prior to admission he had never received these vaccines by personal preference and that facility staff told him he had to receive them, and he did not know he could refuse. Interview and record review confirmed that the vaccines were administered on 1/8/26. During a concurrent interview and record review, the Infection Preventionist confirmed that Resident 1 did not sign any consent forms prior to receiving the COVID-19 and influenza vaccines and that the California Immunization Registry showed no prior history of these vaccines for the resident. The Infection Preventionist stated that consents were required from residents or their representatives before administering any vaccines. The DON stated it was her expectation that consents be obtained and acknowledged that residents have the right to refuse vaccines. Facility policies on Informed Consent and Resident Rights indicated that healthcare professionals must provide pertinent information to allow residents or their representatives to accept or refuse proposed treatments, and that residents have the right to be informed of and participate in their treatment, including the right to request, refuse, and discontinue treatment.
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