Complaint Investigation Report

S1 was not available for an interview. However, there is an observation report dated 05/08/2024 and signed by S1, where S1 states that S2 called S1 to restroom to check on C1 because there was blood on the tissue and that a picture was taken by S1 per C1's request so that C1 can see it. S2 stated that S1 did take the picture of C1's anal area, but due to S1 and C1 speaking in Spanish, S2 could not say whether it was a request from C1 or if S1 just took the picture without C1's permission. C1 stated there was blood on the toilet paper and told S2 which led to S2 calling S1 to come. When S1 arrived, S1 told C1 that S1 is a nurse and S1 proceeded to take a picture of C1's anal area. C1 denied requesting or giving consent for S1 to take a picture. Regional Center Representative stated that they interviewed S1 and S1 admitted to taking the anal area picture, but it was due to C1's request and also admitted to telling C1 about being a nurse. Regional Center Representative stated that S1 is a retired nurse and S1 should have not used the title of nurse because S1 was hired at this day program as an office manager. Program Director stated that S1 should have not taken that picture because this day program is a non-medical place and the correct procedure was to document C1's discomfort and symptoms and contact C1's responsible party so that C1 can be taken to the hospital.

Based on interviews conducted and documents reviewed, the preponderance of evidence standard has been met, therefore the allegation is found SUBSTANTIATED. California Code of Regulations Title 22, Division 6, and Chapter 3 are being cited on the attached LIC 9099-D.

Exit interview held and a copy of the report and appeal rights was provided.