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The hospital neglected to provide 2 of 5 patients the right to receive care in a safe setting. Patient #1 and Patient #5 were able to enter into the female restroom in suite 200 and engage in inappropriate sexual conduct.

Findings Include:

During interview, record review and observation findings include the hospital neglected Patient #1 and Patient #5 by neglecting the supervision of Patient #1 and Patient #5.

During the interview hospital Personnel #3 disclosed that she allowed one student to remain in the room while the other students were to sit in the lobby area of suite 200.

During the interview hospital Personnel #3 disclosed 4 of 5 patients were seated in the lobby area, and one Patient #2 was aloud to remain alone in the classroom.

During an interview with Patient #3 it was verified that Personnel #3 sat at her desk with her back to the patients seated in the lobby. During that time Patient #1(male) and Patient #5 (female) were able to sneak into the female bathroom together for approximately 5 minutes.

During an interview with Personnel #5 reported, Patient #5 completed a forensic interview and SANE EXAM. Personnel #5 reported Patient #5 stated the incident happened 3 times. The incident took place twice in the hospital suite 200 in the female restroom and once outside the suite in the common female restroom. Personnel #5 reported a tour the hospital was completed and verified when touring the hospital has frosted glass area and stated that there was no way the therapist could identify who entered or exited the female restroom from her location, with her back to the lobby and restroom. Personnel #5 provided the surveyor information the SANE EXAM was completed and information is still being gathered to support the findings of it.

During record review Personnel #3 reported there was no documentation that supports patients were discussing sexual behaviors. Personnel #3 did document in the record that Patient #1 was unwilling to cooperate with the hospital program and often required redirection.

During observation Personnel #3 could not hear or see who would enter the restrooms with the frosted windows and being seated with her back turned to the bathroom doors.

Policy

The Texas Health Resources policy dated 08/2017 Patient Rights and Responsibilities reflected, "It is the policy of each THR member hospital ...that every patient has the right to care, treatment and services within the hospital's capacity and capabilities as they may change from time to time, within the hospital's mission and in compliance with federal and state laws, and regulations."

The Texas Health Presbyterian Hospital policy on Neglect dated 01/2015 reflected, "It is the policy of THP to follow the guidelines set forth by the Texas Department of Protective and Regulatory Services in reporting suspected or alleged abuse or neglect ..."Child neglect is defined as any act of commission or omission which is injurious to a child's health and welfare, such as: Sexual Abuse/Sexual Assault; any form of sexual intimacy between two persons either without consent and by force or the threat of force (assault) or because of the incapacity of the person to give adequate consent."