F0839 F839: Employ staff that are licensed, certified, or registered in accordance with state laws.
E

Unlicensed LVN Worked as Charge Nurse After License Suspension

Whispering Pines LodgeLongview, Texas Survey Completed on 01-07-2026

Summary

The facility failed to ensure that LVN A was licensed, certified, or registered in accordance with state law while she continued to work as a charge nurse and floor nurse. Record review showed the facility initially verified LVN A’s unencumbered license before hire, and her employee file included a charge nurse job description requiring an RN or LVN in good standing. The file also contained a handwritten notice from LVN A stating she was turning in her notice and would continue working until the end of December, with the option of another position in the facility. Record review of the Texas Board of Nursing license lookup showed LVN A’s license was expired and later listed as under enforced suspension. The report also included a Board of Nursing order stating her vocational nurse license was suspended, with the suspension enforced effective a specified date. Facility time punch records showed LVN A worked multiple shifts after the suspension date, and daily staffing sheets identified her as the Charge Nurse for the 6 AM to 6 PM shift on Halls C and D on several dates. Daily census records showed the unit census during those shifts ranged from 65 to 66 residents. During interviews, the DON stated LVN A told her she would need to put in her notice because of issues with the BON and that the DON did not check LVN A’s license when she turned in her notice. The DON said corporate HR later informed her that LVN A’s license was not good and she was then removed from the schedule. LVN A stated she believed she could work out a two-week notice based on her communication with the BON representative, but she also acknowledged she knew she could not work as a nurse once her license was suspended. The ADM stated the facility expected LVN A to communicate the status of her license and said the facility used job descriptions as requirements for the position.

Penalty

No penalty information released
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The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.

Resources

Below are regulatory guidelines relevant to this citation:

See other F0839 citations
Unlicensed Nursing Supervisor Worked a Shift
D
F0839 F839: Employ staff that are licensed, certified, or registered in accordance with state laws.
Short Summary

An LPN-level nursing supervisor worked a shift after the nurse's license had expired, and the DON confirmed the nurse provided care without a valid license.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Failure to Verify RN License at Hire
D
F0839 F839: Employ staff that are licensed, certified, or registered in accordance with state laws.
Short Summary

Failure to verify RN license upon hire for an as-needed RN. HR stated the license check was missed when the nurse was hired, and corporate later notified the facility that the individual did not have RN licensure. The personnel file contained no RN license, and the Administrator stated HR should have verified the license at hire.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Expired LVN License Not Identified
D
F0839 F839: Employ staff that are licensed, certified, or registered in accordance with state laws.
Short Summary

An LVN worked with an expired license after the facility failed to properly verify her credential status. The DON was unaware of the expired license, and the Administrator said the issue was found during an audit of licensed nurses. HR stated license checks were done on hire and annually, but the report used did not fully show the expiration date. The LVN said she did not know her license had expired.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Expired Nursing License
D
F0839 F839: Employ staff that are licensed, certified, or registered in accordance with state laws.
Short Summary

Expired Nursing License: The facility failed to ensure an LVN maintained an active license while working as a nurse. Record review showed the LVN worked multiple shifts during the review period, and the BOM stated the LVN was later sent home after the facility found the license had expired. The BOM and ADM stated the BOM was responsible for checking nursing staff licenses, and the facility policy required current licensure verification and recertification before expiration.

Inspection fine: $13,0705 days payment denial
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Unlicensed RN Allowed to Work Due to Faulty License Verification
D
F0839 F839: Employ staff that are licensed, certified, or registered in accordance with state laws.
Short Summary

A nurse was hired and worked as an RN for an extended period without a valid Arizona RN license after HR verified the wrong individual’s license based on a similar name and did not obtain a copy of the actual license. The nurse functioned as a floor RN, passing meds and assessing residents, while only holding an RN license from a non-compact state and awaiting Arizona endorsement. AZBN later informed HR that the nurse did not have an active Arizona license and should not be working as an RN, but the nurse continued to be scheduled for several days after this notification. The Administrator and DON initially believed or assumed the out-of-state license allowed practice, and only later confirmed that the other state was not part of the Nurse Licensure Compact, contrary to facility policy requiring verification and documentation of valid licensure before staff work in licensed roles.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Failure to Ensure Licensed Nurse Maintained Active Nursing License
F
F0839 F839: Employ staff that are licensed, certified, or registered in accordance with state laws.
Short Summary

The facility failed to ensure that an LN maintained a valid, active nursing license while providing care. One LN’s license had lapsed, as confirmed through Nursys and the state board verification system, yet the LN continued working for an extended period. Interviews with administrative and nursing leadership revealed that HR was responsible for license verification and tracking expirations, but due to multiple HR staff turnovers, required checks of nursing licenses and the nurse aide registry had not been kept current, contrary to the facility’s own background screening policy.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
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