The incident occurred on January 13, 2026, at Accel at College Station when the Assistant Director of Nursing took the phone from Resident #1's chest and moved it to a bedside table during the family call.
The resident was unable to hold the phone herself because her hands were shaking, inspectors documented. She was also experiencing labored breathing at the time of the incident.
When questioned by inspectors on January 16, the Assistant Director of Nursing acknowledged removing the phone from the resident's chest. She said she placed it on the bedside table "within reach" of the resident, but later admitted the rolling table was positioned at the head of the bed rather than beside it where the resident could access it.
The nursing supervisor told inspectors she knew it was the resident's right to have her cell phone when her son was calling. She said she was expected to follow resident rights and had received training on the topic, though she couldn't recall when.
"She stated she did not have anything else to say about the cell phone, that was all she knew to report about the situation," inspectors wrote.
The facility's Director of Nurses told inspectors the staff member's actions violated federal protections. She said residents find comfort talking to family members during distress, and removing a phone during such calls violates resident rights.
"She stated ADON A was not to remove the cell phone from Resident #1 and place it where Resident #1 could not reach it," the inspection report states.
The Director of Nurses emphasized that residents have the right to speak with family whenever they choose and to keep their phones within reach. She told inspectors all staff had received resident rights training.
She also revealed the facility had not interviewed the Assistant Director of Nursing about the incident and planned to conduct a full investigation.
The facility's Administrator reinforced that residents have the right to phone access regardless of circumstances. She told inspectors that staff should never take phones away from residents while family members are on the line.
"She stated if a resident had a cell phone, and not using it, the staff was not to place a resident's cell phone outside of the reach of the resident," inspectors documented.
The Administrator said personal cell phones should remain within residents' reach at all times, especially during family conversations. She called the staff member's actions a violation of resident rights.
Like other facility leaders, the Administrator confirmed all staff had received resident rights training but couldn't specify when. She said the facility was completing an investigation into the January 13 incident and would conduct further inquiry.
Federal regulations guarantee nursing home residents the right to use telephones in privacy. The facility's own 2009 policy on resident rights states that employees must treat all residents with "kindness, respect, and dignity" and help residents exercise their rights fully.
The policy specifically mentions residents' entitlement to telephone use in privacy and commits the facility to ensuring residents are "always treated with respect, kindness, and dignity."
Despite these written protections, the incident revealed a breakdown in basic resident rights during what appeared to be a critical moment for both the resident and her family.
The resident's inability to hold the phone herself due to trembling hands made staff assistance necessary. Instead of helping maintain the family connection during her distress, the nursing supervisor interrupted it by moving the phone out of reach.
The facility's response also raised questions about oversight. Three weeks passed between the incident and the federal inspection, yet administrators told inspectors they had not interviewed the staff member involved or completed their investigation.
The violation was classified as causing minimal harm or potential for actual harm, affecting few residents. However, it highlighted how quickly fundamental rights can be compromised when staff fail to follow established protocols.
For Resident #1, the interruption came during what may have been precious time with her son during a period of obvious physical decline and breathing difficulties.
Full Inspection Report
The details above represent a summary of key findings. View the complete inspection report for Accel At College Station from 2026-01-29 including all violations, facility responses, and corrective action plans.