Failure to Provide Smoking Safety Equipment and Control Indoor Vaping Exposure
Summary
The facility failed to ensure protective smoking equipment was provided for a resident who was identified as needing a smoking apron and supervision while smoking. Resident 40 had diagnoses including vascular dementia with behavioral disturbance, hemiplegia and hemiparesis following a cerebrovascular disease affecting the left dominant side, diabetes mellitus with diabetic neuropathy, and nicotine dependence. His annual MDS showed a BIMS score of 13, and his smoking assessment noted careless smoking with a potential to drop his cigarette and indicated he should have a smoking apron. His care plan also directed that he be provided a smoking apron and supervised while smoking. During observation, Resident 40 was seen smoking outdoors without a smoking apron. The ACM lit a cigarette for him and then assisted other residents in the smoking area while his back was turned to Resident 40. When the Administrator entered the smoking area and asked another staff member to get an apron for Resident 40, Resident 40 stated he was not going to wear it. No additional conversation about the refusal or smoking risks occurred at that time, and the Administrator returned to the building. Resident 40 then requested another cigarette, which the ACM gave and lit, and the ACM observed him until he finished smoking and then assisted him back to the building. The facility also allowed electronic cigarette use in a resident room where another resident was present. Resident 13, who had diagnoses including anxiety disorder and nicotine dependence and a BIMS score of 15, stated she kept her vaping supplies herself and was allowed to vape in her room or outside during assigned smoking times. She reported that her roommate, Resident 17, was present when she vaped. Resident 17 had diagnoses including anxiety disorder, bipolar disorder, and psychotic disorder, and her quarterly MDS showed a BIMS score of 7 with disorganized thinking and difficulty focusing in conversation. The DON stated Resident 17, as a cognitively impaired resident, was unable to give consent to another resident vaping in the room, while the Administrator stated the facility followed city ordinance exceptions for indoor electronic cigarette use.
Penalty
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