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32 | Personal Rights - Staff are allowing residents to smoke outside of the designated smoking area.
On April 1, 2025, a complaint was filed alleging staff were allowing a resident to smoke within 25 feet of the entry doors to the facility, thus violating the facilities smoking policy and other residents’ personal rights. During the interview process, it was stated that the only area approved for residents to smoke is in the courtyard.
On April 11, 2025, LPA observed signs stating “no smoking within 25 feet” on each door leading from the courtyard to the facility. LPA did not observe any ash trays or “cigarette butts” in the courtyard.
During the investigation, it was reported by several individuals that a resident has been observed smoking throughout the courtyard within the 25-foot limit of the exit/entry doors as well as within the resident’s room. It was further stated that when attempting to redirect the resident, the resident would become upset, and management directed staff to “just let it be.” Additionally, it was noted that this resident is an oxygen user, and the facility was not taking appropriate measures to keep this resident and others safe by allowing them to smoke in their room with oxygen in use.
Based on investigation observations and interviews which were conducted and record review(s), the preponderance of evidence standard has been met, therefore the above allegation is found to be substantiated. California Code of Regulations, (Title 22), is cited on the attached LIC 9099D.
Due to the facility's closed status, a copy of this report and Appeal rights have been sent via postal mail to the licensee's last recorded mailing address.
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