F0926 F926: Have policies on smoking.
E

Smoking Area Safety and Disposal Deficiencies

Avir At CommerceCommerce, Texas Survey Completed on 02-12-2026

Summary

The facility failed to establish and follow smoking policies regarding the smoking area and smoking safety for 1 of 1 smoking areas reviewed. During an observation of a group smoke break involving five residents, cigarette butts were seen on the ground outside in the smoking area, trash was present in the red noncombustible cigarette butt receptacle can, and the self-closing ashtray was malfunctioning. Cigarettes were also placed on top of the self-closing ashtray with other old cigarette butts. The facility policy titled, Smoking Policy- Resident, dated October 2022, stated that metal containers with self-closing cover devices are available in the smoking area and ashtrays are emptied only into designated receptacles. During interviews, the Director of Dietary Services stated she was responsible for the smoke break and that trash should not be in the red receptacle, cigarette butts should not be on the ground, and ashtrays should be fully functioning. The Maintenance Director stated he was unaware of the trash in the receptacle, cigarette butts on the ground, and the malfunctioning ashtrays, and said he was responsible for ensuring the facility was in good repair. The Housekeeping Supervisor stated she was unaware of the cigarette butts on the ground, trash in the disposal can, and malfunctioning ashtray. The ADON and Administrator both stated the smoking area should be free of cigarette butts and trash and that the ashtrays should function properly; the Administrator also stated housekeeping and maintenance should check the area daily and that he was responsible for educating and in-servicing staff on smoking safety.

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

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See other F0926 citations
Failure to Complete Quarterly Smoking Evaluations
D
F0926 F926: Have policies on smoking.
Short Summary

Failure to Complete Quarterly Smoking Evaluations: The facility did not ensure that five residents with schizophrenia or paranoid schizophrenia were evaluated quarterly for smoking as required by policy. Their most recent smoking evaluations were past due, and RN and DON interviews confirmed the evaluations should have been completed every three months and reviewed by the IDT.

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.
Smoking Policy Not Consistently Enforced
D
F0926 F926: Have policies on smoking.
Short Summary

Smoking Policy Not Consistently Enforced: A cognitively intact resident with COPD was allowed independent leave to smoke off-property, but staff did not consistently collect his cigarettes and lighter or prevent him from keeping smoking materials on his person inside the facility. The resident reported inconsistent enforcement of leave-of-absence hours, and an observation found cigarettes and a lighter stored on his walker.

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.
Smoking Policy Not Followed
E
F0926 F926: Have policies on smoking.
Short Summary

A resident with intact cognition and physical weakness was allowed to keep cigarettes on his person, but the facility had no documented safe smoking evaluation, no smoking care plan area, and no smoking assessments in the EMR. Staff also observed smoking in a no-smoking area on the back patio, where no-smoking signs, an ashtray, and a trash can were present, while the ADM stated residents were allowed to smoke unsupervised and smoking items were found in non-designated areas.

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.
Smoking Policy Not Followed for Resident Using Cannabis Near Facility Entrance
D
F0926 F926: Have policies on smoking.
Short Summary

A resident was observed smoking cannabis about 10 feet from a building entrance in a non-designated area, despite the facility’s smoking policy and THC policy prohibiting cannabis use on the property. The resident was cognitively intact, had diagnoses including CKD, GERD, neuropathy, MDD, and edema, and stated he/she obtained marijuana from an outside source and would not stop using it. Staff interviews showed inconsistent understanding of smoking locations, and the resident’s care plan documented tobacco dependence and prior cannabis use on facility grounds.

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.
Smoking Area Trash Placed in Butt Can
D
F0926 F926: Have policies on smoking.
Short Summary

A facility failed to enforce smoking safety policies in the smoking area for halls C/D when a red butt can was found holding cigarette butts plus a plastic wrapper, gloves, and a plastic wrist band. The Housekeeping Supervisor, ADON, DON, RDO, Administrator, and Maintenance Supervisor all stated that the red cans were for cigarette butts only and that trash belonged in the trash can, while the Maintenance Supervisor said staff were always putting trash in the smoking can and a sign had been posted to remind staff.

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.
Smoking Break Schedule Not Followed
E
F0926 F926: Have policies on smoking.
Short Summary

Smoking Break Schedule Not Followed: A facility failed to enforce its smoking schedule and related smoking policies for residents who smoked. Several residents were scheduled for a 10:30 A.M. supervised smoke break, but they were still inside during observation and did not go out until later. Interviews showed the SS created the schedule, but staffing changes were not communicated timely, and staff reported the smoke breaks were often late.

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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