Mountain View Health: Indoor Smoking Violations - TX
The incident occurred on August 7, 2025, but the Director of Nursing wasn't notified until the following morning. When federal inspectors interviewed her on August 12, she admitted uncertainty about what the facility's smoking policy actually required.
"She stated she was not sure what the policy states regarding indoor smoking but thought of the possible risks to open flames such as oxygen," inspectors documented. The DON acknowledged that oxygen was flammable but claimed the facility had taken steps to reduce risks during the indoor smoking session.
Those steps included closing doors and opening windows in the conference room where residents were smoking.
The facility's written smoking policy, last revised in November 2017, explicitly prohibits the practice. "Smoking is only allowed in designated smoke areas," the policy states. "Residents and employees are prohibited from smoking in any part of the facility or grounds except in the designated smoke areas."
The policy explains that restrictions are intended to reduce fire risks and protect non-smoking residents from adverse health effects and passive smoking exposure. Any indoor smoking areas must be "environmentally separate from all resident care areas and equipped with exhaust fans."
LVN A, interviewed by inspectors, confirmed that nursing staff were responsible for conducting smoking assessments for residents. She said the Activities department handled smoke breaks, scheduling, and storing residents' smoking materials. When asked about risks, she identified the possibility of fires that could harm residents if smoking occurred in non-designated areas.
The indoor smoking violated not only facility policy but also El Paso's municipal code. City Ordinance 9.50.030 prohibits smoking "in all enclosed areas of public places within the city," specifically including "nursing homes, and other multiple-unit residential facilities" and "health care facilities."
The ordinance also bans smoking within twenty feet of building entrances, except for outdoor areas specifically designated by the city manager.
Federal inspectors classified the violation as causing minimal harm or potential for actual harm, affecting few residents. However, the incident highlighted confusion among staff about basic safety protocols in a facility where oxygen therapy equipment creates heightened fire risks.
The facility's smoking policy acknowledges these dangers, stating that designated smoking areas will be "labeled as such" and that "indoor smoking areas will be secured when not in use." The policy requires environmental separation from resident care areas and proper ventilation systems for any approved indoor smoking locations.
The Director of Nursing's admission that she wasn't sure what the facility's own smoking policy required raised questions about staff training and policy implementation. Her response to the incident - opening windows and closing doors - fell short of the safety measures outlined in the written policy.
The Activities department's role in managing smoking materials and breaks suggests a system designed to control when and where smoking occurs. Yet residents were able to smoke in an unauthorized indoor location without immediate intervention from staff responsible for supervising these activities.
LVN A's interview revealed staff awareness of fire risks associated with improper smoking locations. She specifically mentioned the danger of fires that could harm residents, indicating that nursing personnel understood the safety concerns even if protocols weren't consistently followed.
The timing of the notification also raised concerns. The smoking incident occurred on August 7, but nursing leadership wasn't informed until August 8. This delay meant that immediate corrective action couldn't be taken to address any ongoing safety risks or prevent similar incidents.
Federal regulations require nursing homes to maintain environments free from accident hazards and provide adequate supervision to prevent incidents that could harm residents. The indoor smoking incident demonstrated gaps in both policy enforcement and staff oversight.
The facility's written smoking policy includes multiple safety provisions designed to protect residents and comply with fire codes. These include environmental separation, proper ventilation, secure storage when not in use, and clear labeling of approved areas. None of these safeguards applied to the conference room where residents smoked.
The violation occurred despite the facility having established procedures for managing resident smoking through the Activities department. This system was intended to control access to smoking materials and supervise smoking breaks, but it failed to prevent unauthorized indoor smoking in a potentially dangerous location.
The Director of Nursing's uncertainty about facility policy, combined with the delayed notification and improvised safety measures, suggested systemic problems with policy implementation and staff training rather than an isolated incident.
Full Inspection Report
The details above represent a summary of key findings. View the complete inspection report for Mountain View Health & Rehabilitation from 2025-08-12 including all violations, facility responses, and corrective action plans.
Additional Resources
Data source: Official federal inspection data from the Centers for Medicare & Medicaid Services (CMS).
Editorial process: AI-synthesized regulatory data, reviewed for accuracy by our editorial team.
Professional review: All content reviewed by Christopher F. Nesbitt, Sr., NH EMT & BU-trained Paralegal.
Last verified: June 20, 2026 · Our methodology
Mountain View Health & Rehabilitation in El Paso, TX was cited for violations during a health inspection on August 12, 2025.
The incident occurred on August 7, 2025, but the Director of Nursing wasn't notified until the following morning.
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.