Failure to Report Suspected Drug-Related Criminal Activity to Authorities
Penalty
Summary
The deficiency involves the facility’s failure to notify law enforcement and the Oklahoma State Department of Health of suspected criminal activity involving drug paraphernalia. Facility policy on Resident Abuse, Neglect and Misappropriation of Property, revised 11/01/22, states that if there is a suspicion of a crime against a resident, the facility shall report the incident to the Department and law enforcement, and references Oklahoma statutes defining crime and prohibiting drug paraphernalia. Resident #7 was admitted with diagnoses including alcohol abuse with withdrawal, cannabis use, other stimulant dependence, and other psychoactive substance abuse, and had a BIMS score of 15, indicating cognitive intactness. A nurse’s note dated 02/17/26 documented that the care plan team and administrator met with the resident and in-serviced them regarding revocation of self sign-out privileges due to non-compliance with facility rules related to smoking devices and paraphernalia. A subsequent nurse’s note dated 02/24/26 documented that the resident had received education on 02/17/26 about revocation of self sign-out privileges due to ongoing illicit substance use and possession of smoking devices/paraphernalia, and that the resident continued to use illicit substances and was reported to provide substances to other residents. There was no documentation that the suspected illegal activity or the paraphernalia found on 02/17/26 was reported to police or the state health department. In interviews, the resident stated that a methamphetamine pipe was found in their room and that staff confiscated and discarded it. The housekeeping supervisor reported seeing the resident place a small glass pipe with residue in a box, notifying the administrator, and accompanying the administrator when the resident surrendered the suspected paraphernalia, which was then thrown in the trash. The DON stated they followed the abuse policy but were not aware the suspected drug paraphernalia was a crime, acknowledged the incident should have been reported to the state health department, and confirmed it was not. The administrator also confirmed that neither police nor the state health department were notified of the incident.
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