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

Below are regulatory guidelines relevant to this citation:

See other F0926 citations
Failure to Follow Smoking Policy
D
F0926 F926: Have policies on smoking.
Short Summary

Failure to Follow Smoking Policy: Two residents who were cognitively intact were involved in smoking-related policy failures. One resident with a history including kidney transplant aftercare, muscle weakness, and HTN was observed holding a cigarette and a match in the hallway and stated she was allowed to keep them and smoke outside alone, while another resident with type 2 DM stated he smoked without supervision and shared cigarettes with another resident. The ADON stated the facility was not aware one resident was a smoker, did not have a baseline care plan on admission, and did not follow the policy prohibiting matches and sharing smoking items.

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 Maintain Resident Smoking Materials
D
F0926 F926: Have policies on smoking.
Short Summary

Failure to maintain resident smoking materials: A resident was observed carrying a lighter and cigarettes in his vest pocket instead of having them kept in the designated smoking box. The resident said he kept the items on his person because residents and staff took cigarettes and lighters from the box. A housekeeper reported frequent issues with items being taken from the box, and the DON stated staff were expected to follow the smoking policy and keep residents' smoking materials in the designated smoking box.

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.
Unsecured Smoking Materials
D
F0926 F926: Have policies on smoking.
Short Summary

Unsecured Smoking Materials: A resident who smoked daily and was cognitively intact kept cigarettes and a lighter in an unlocked drawer and an unsecured cabinet, despite facility policy requiring smoking safety protections. The resident reported leaving the room door open at times and said a confused resident had entered the room on several occasions and rummaged through his belongings. The DON confirmed the resident was considered an independent smoker, but the smoking paraphernalia was not secured.

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 Did Not Address Off-Property Smoking for Independent Smokers
D
F0926 F926: Have policies on smoking.
Short Summary

The facility failed to ensure its smoking policy addressed safe smoking areas for independent smokers. Two residents with COPD and other diagnoses were told they could go off property and smoke across the street outside designated smoking times, even though the written policy only allowed smoking in designated areas outside the building and did not mention LOA or off-property smoking. Surveyors observed the area across the road had no sidewalk or crosswalk and was a narrow roadway with nearby buildings and vehicles.

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 Complete Quarterly Smoking Evaluation
D
F0926 F926: Have policies on smoking.
Short Summary

Failure to complete quarterly smoking evaluation for a dependent smoker. A resident with dementia was identified as needing direct supervision to smoke, but the record showed no updated smoking evaluation after the initial assessment. Staff stated smoking assessments were to be completed on admission and quarterly, and an observation found the resident smoking with difficulty holding the cigarette.

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 Materials Kept in Resident Room
D
F0926 F926: Have policies on smoking.
Short Summary

A resident with mild cognitive impairment and tobacco use had cigarette packs on his bedside table despite a care plan requiring supervised smoking, designated smoking times and areas, and storage of all smoking supplies in a locked box at the nurse’s station. The resident said he usually kept his cigarettes on the table and got them from the store when he went out. Staff, including the ADON, CNA, RN, and DON, stated that residents were not allowed to keep cigarettes or lighters in their rooms and that smoking materials were to be secured and used only during supervised smoke times.

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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