Assisted Living-License in Jeopardy? Help!

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Specializes in Assisted living.

I work in an assisted living facility with 80 residents including 23 on a locked memory care unit. I work overnight and I am the only licensed person there (RN) as well as officially the Supervisor on duty. I have 3 CNAs for assisted living (approximately 60 residents) and I’m SUPPOSED to have 3 CNAs for the locked memory care unit, but there is almost always only 2. It is a state law to have 3 people in the memory care unit. I have complained about staffing to coordinator for the entire 5 months I’ve worked there and it’ll change for a little while and go right back. The residents on our locked memory care unit have significant behavioral problems and many are awake all night. There’s a reason the state law is 3

My question is: say something, god forbid, were to go terribly wrong on the locked memory care unit while there were only 2 staff. Say I knew there were two staff when there legally must be 3 but was unable to get someone else to come in and then did not call to report to state and just let it stand. As the supervisor and RN (and only licensed person present) would my RN license be in jeopardy?

I have anxiety and this is really upsetting me. They keep telling me only the Director would have her license at risk if something went wrong with only two people. What is the truth?

Please help me out. I love my residents but I can’t risk my license. I’m working on my RN-to BSN right now.

I had no idea where to go to find the answer of whether or not my license could be held liable, so I hope someone here will know. Thank you so much.

Specializes in NICU/Mother-Baby/Peds/Mgmt.

You can always anonymously call your BON and ask....and report that facility at the same time. Maybe get a new job first? ? Think of it this way, even if your license wasn't in jeopardy, how bad would you feel if something happened while you were there?

Specializes in Critical Care.

To be honest, call your state office and report their POS ***'s, I'm ***ing sick and tired of nursing homes putting patients lives in danger to make a buck.

Specializes in Vents, Telemetry, Home Care, Home infusion.

Have you put your concerns IN WRITING to your management: Wellness Director + scheduler re not meeting state CNA minimum for locked memory care unit? If not, do so next shift along with copy to the facility director. Include copy of your states staffing regulation for memory care unit "as surely facility desires to have adequate staff for patient care to be provided to keep these residents safe, especially since many are up at nighttime."

Can you pull an CNA from regular ALF area for 2 hrs to assist beginning of shift in memory care till residents can be settled? You do not want to be charged by BON for neglect of residents needs.

Expect flurry of activity/meetings and your performance to be suddenly looked at with a fine tooth comb. Be prepared to give notice and locate another position. I understand your concern having had a parent in ALF memory care unit, visiting at midnight after work and seeing the sundowner residents pacing while others loved to lay in the hallway + not budge till staff gently coaxed them up to the lounge with late night movie or PM care.

If your state requires licenses for assisted living, often there is an ombudsman assigned to the facility to report concern if no action taken to written alert.

Thank you for your interest in protecting residents.

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