F0557

D

Failure to Obtain Resident Consent Before Searching Locked Personal Belongings

Harrison, Ohio Survey Completed on 03-05-2026

Penalty

No penalty information released

Summary

A resident with COPD with acute exacerbation and tobacco use, admitted on 11/15/25, had a locked nightstand drawer containing a vape pen. On 03/02/26 at 11:27 A.M., the Maintenance Director entered the resident's room with the Unit Manager (UM) and an Occupational Therapy Assistant (OTA) present near the bedside stand. The Maintenance Director unlocked the resident's locked nightstand drawer and the UM removed the vape pen from inside. The resident was not in the room or nearby at the time. The UM confirmed removing the vape pen from the locked drawer and acknowledged that the resident was not present and that she did not obtain the resident's consent to search the property. The Maintenance Director confirmed providing the key, that the drawer was unlocked at the UM's request, and that no consent was obtained from the resident.

The OTA reported notifying the Director of Therapy and verbally informing the UM that the resident had a vape pen, and confirmed the resident was not in the room when the vape pen was removed. The OTA further confirmed they were not asked by the resident to retrieve anything from the nightstand and did not ask the resident for consent to search the property. The DON stated they were unaware at the time that the resident's property had been searched and later found the vape pen on their desk with a note, and confirmed they had not spoken with the resident about the search. The resident reported that staff took the vape pen from the locked drawer while the resident was at therapy and confirmed that no one asked for consent to search the property or to retrieve anything from the room. Facility policy on resident smoking states that staff will monitor rooms and belongings of residents who smoke for smoking materials in a manner that does not violate the resident's right to privacy.