Complaint·December 4, 2023

(Report Continued from LIC 9099...) On 05/30/2023, from 1:30 p.m. to 5:15 p.m., Licensing Program Analyst (LPA), Martha Arroyo conducted an initial complaint visit. During the visit, LPA met with Health Services Director Vivian Reyes. At 1:45 p.m., the LPA conducted a tour of the facility to ensure there were no health and safety hazards. At 3:50 p.m., the LPA conducted a facility file review and obtained copies of pertinent documents relevant to the investigation. Investigator Seng conducted interviews on 06/01/2023, at approximately 12:02 p.m., with the reporting party; on 06/05/2023, from approximately 1:07 p.m. to 4:54 p.m., with various facility staff, residents and S1. In addition, the investigator reviewed staff schedules, personnel files, and photos. The investigation revealed on 05/22/2023, at approximately 1:30 a.m., staff reported to the overnight supervisor that S1 had passed out in the bathroom inside a resident's room. S1 needed help with pulling their pants up, S1 was on the bathroom floor. S1 stated they needed help getting up, because S1 had no feelings in their legs or feet. The supervisor went to the resident’s room and found S1 on their knees, "pretending," to clean. S1 appeared to be groggy and under the influence of a drug. The supervisor went to the staff room to check in S1’s purse and found a black container with a white powder inside. The supervisor confiscated the container and turned it in to management for testing. The supervisor was then terminated for an unauthorized search of S1’s purse. S1 admitted that they were under the influence of marijuana (THC crystals) while providing care for the residents on 05/22/2023 and while on duty. S1 provided photographs of the marijuana they used while working. Per S1’s co-workers, they suspected S1 of being under the influence of an unknown drug due to S1’s behavior, S1 would act jittery, and appear to be incoherent while working. S1 was terminated August 2023 due to poor performance and not completing their job duties. Based on the information gathered during the course of the investigation, the Department has sufficient evidence to determine that S1 was under the influence of drugs while working. Therefore, the allegation “Staff is using illegal drugs at the facility” is deemed substantiated at this time. Pursuant to Title 22, California Code of Regulations, the following deficiency is cited (refer to LIC 9099-D) Exit interview conducted, civil penalty issued, appeal rights discussed, and a copy of this report issued.