Apex Rehab Unlicensed Nursing Staff Violations NY
HUNTINGTON STATION, NY - Federal health inspectors found that Apex Rehabilitation & Care Center employed five individuals to work as registered nurses for years without proper New York State licenses or permits, while simultaneously documenting critical lapses in infection control and patient monitoring protocols.
Major Staffing Violations Uncovered
The April 2025 inspection revealed that five medication and treatment nurses had been working at the 78 Birchwood Drive facility as registered nurses without valid credentials. Three of these individuals had been employed in nursing roles since 2021, while two others had worked without proper licensing since 2023.
Personnel file reviews showed extensive documentation gaps. None of the five nurses had current New York State registered nurse licenses. Their files contained incomplete or unsigned limited permit applications, with some applications entirely undated. Several nurses held foreign nursing school diplomas but lacked the required New York State authorization to practice.
The facility's Director of Human Resources acknowledged the situation during interviews, stating that efforts to obtain proper credentials from staffing agencies had been unsuccessful. "They were not able to continue to follow up with the employees and the employees' agency to ensure appropriate credentials were obtained because they were busy with numerous other responsibilities at the facility," according to the inspection report.
One unlicensed nurse interviewed by inspectors revealed they had been working under an expired limited permit. When asked about obtaining proper licensure, they stated "they did not start the process of applying for the National Council License Examination for Registered Nurses (NCLEX-RN) examination to become a New York State licensed Registered Nurse because they were too busy."
Understanding Nursing License Requirements
New York State requires all practicing registered nurses to hold either a valid state license or an approved limited permit. Limited permits are temporary authorizations for nursing school graduates who have applied for licensure but have not yet taken or passed the NCLEX-RN examination. These permits are valid for up to one year and require specific supervision arrangements.
The distinction between licensed and unlicensed nursing practice is critical for patient safety. Licensed nurses have completed standardized education, passed competency examinations, and are subject to state oversight and disciplinary actions. Unlicensed individuals practicing nursing violate state law and put patients at risk through potentially inadequate training and lack of professional accountability.
Medication administration represents a particularly high-risk area. Licensed nurses receive extensive training in pharmacology, drug interactions, proper dosing calculations, and adverse reaction recognition. When unlicensed individuals perform these functions, residents face increased risks of medication errors, missed drug interactions, and inadequate monitoring for adverse effects.
Breakdown in Infection Control Protocols
Inspectors documented two significant infection control violations that demonstrated systemic failures in basic safety protocols. The first involved a resident with shingles who had been placed on contact precautions but lacked proper isolation signage after being moved between rooms.
The resident had developed a blistery rash and was diagnosed with shingles, requiring antiviral treatment and contact precautions. While the facility initially placed the resident in a private room for isolation, they later moved the patient back to a shared room without posting required contact precaution signs outside the door.
Contact precautions are essential for preventing disease transmission. Shingles can spread through direct contact with the rash, particularly to individuals who have never had chickenpox or received the varicella vaccine. Proper signage alerts all staff and visitors to use appropriate personal protective equipment, including gloves and gowns, to prevent viral transmission.
The second infection control violation involved improper hand hygiene during blood glucose testing. An unlicensed nurse was observed performing finger stick testing on a diabetic resident without washing hands before putting on gloves or after removing them.
Hand hygiene represents the most fundamental infection prevention measure in healthcare settings. Proper handwashing before and after patient contact prevents cross-contamination between residents and reduces healthcare-associated infection risks. Blood glucose testing involves direct patient contact and potential blood exposure, making hand hygiene particularly critical.
Data source: This article is based on inspection data downloaded directly from the Centers for Medicare & Medicaid Services (CMS) via Medicare.gov. CMS releases inspection reports in bulk; we publish the findings as documented by state surveyors in the official Form CMS-2567 Statement of Deficiencies.
Plan of correction: The CMS report we receive does not include the facility's plan of correction. Facilities submit plans of correction separately to state survey agencies and those responses may not be reflected in CMS data at the time of publication. The absence of a plan of correction in our data does not mean one was not filed. Readers who want information about corrective steps taken are encouraged to contact the facility directly or their state survey agency.
Corrections may have occurred: Inspection reports reflect conditions observed on the date of the survey. Facilities may have implemented corrections, staffing changes, additional training, or other remediation since the report was issued. We report what CMS provides and encourage readers to seek current information from the facility.
Editorial process: Inspection findings are extracted from CMS source documents and synthesized using AI, reviewed for factual accuracy against the original report by our editorial team.
Professional review: All content reviewed by Christopher F. Nesbitt, Sr., NH EMT & BU-trained Paralegal.
Last verified: September 19, 2026 · Our methodology
Apex Rehabilitation & Care Center in Huntington Station, NY was cited for violations during a health inspection on April 16, 2025.
Three of these individuals had been employed in nursing roles since 2021, while two others had worked without proper licensing since 2023.
Health inspections identify deficiencies that facilities must correct. Violations range from minor documentation issues to serious safety concerns. Review the full report below for specific details and facility response.