Informed Consent for Psychotropic Medications Not Properly Obtained
Summary
The facility failed to ensure that two residents had the capacity to sign consent for anti-psychotropic medications. For one resident, the record showed diagnoses including hepatic encephalopathy, schizoaffective disorder, and TIA. The MDS dated 01/14/2026 indicated severely impaired cognitive skills for daily decisions, and the BIMS score was 2, which the ADON stated indicated lack of capacity to make decisions. Despite this, the psychotropic medication informed consent for escitalopram and quetiapine documented verbal consent from the resident, and the form did not include the name of the licensed staff who verified the consent prior to initiation. During observation, that resident was found lying in bed, awake, alert, and oriented to name only, not to place or time. The ADON stated that residents prescribed anti-psychotropic medication require informed consent outlining risks and benefits, that it was inappropriate to obtain informed consent from a resident lacking capacity, and that the consent form should include the complete licensed staff name verifying consent. The DON stated that when a resident can sign, a licensed nurse verifies informed consent to ensure the resident is aware of risks and benefits and has the right to accept or refuse treatment, and that if residents cannot understand, they are not able to give informed consent. For the second resident, the record showed diagnoses including parkinsonism, dementia, bipolar disorder, and anxiety, with no family or resident representative on record. The MDS indicated the resident was rarely or never understood, dependent on staff for all functional abilities, and could never or rarely make decisions. The resident had orders for buspirone and valproic acid, and the care plans addressed anti-anxiety medication and black box warnings for valproic acid. The ICC note showed one LVN attended and decided to continue psychotropic medication, but it did not show a physician or resident representative in attendance. The SSD stated the resident did not have consent for psychotropics because she was not able to consent for herself and had no designated representative, and that the LTCRP had not come to participate in the ICC. The ADON stated the medications were continued after hospitalization, but consent was not obtained because they had been initiated in the hospital; later, the ADON acknowledged the consent form was completed incorrectly and that consent was not obtained for buspirone or valproic acid.
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