Reflex action is not “willful.”

Topic: Nurse Aide Registry, Decided by Judge Teate 
Docket Number: 1627980 , Decision Date: 2016-03-17 
Attachment: Click here to download the decision. 

A nurse aide was not shown to have abused a resident where the evidence on record showed that she slapped the resident “reflexively” in response to being struck in the face, as “abuse” under the governing regulation requires a showing of willfulness.

Review is limited to allegations described in the notification of adverse action.

Topic: Nurse Aide Registry, Decided by Judge Brown 
Docket Number: 1615989 , Decision Date: 2016-01-11 
Attachment: Click here to download the decision. 

The principles of due process require that an individual receive meaningful notice of the allegations of misconduct.  Accordingly, where the notification of adverse action indicated that a certified nurse aide’s name would be placed on the nurse aide registry for abuse, the Court would not [..] Read More..

Nurse aide misappropriated resident’s anti-anxiety medication for her boyfriend.

Topic: Nurse Aide Registry, Decided by Judge Woodard 
Docket Number: 1551508 , Decision Date: 2015-07-01 
Attachment: Click here to download the decision. 

A certified nurse aide was fired from a nursing facility after her boyfriend reported to the facility that she had provided him with an anti-anxiety drug that had been prescribed to one of the nursing facility’s residents.  The boyfriend subsequently returned the resident’s medication to [..] Read More..

Use of profanity in presence of resident does not, per se, constitute abuse.

Topic: Nurse Aide Registry, Decided by Judge Kennedy 
Docket Number: 1526414 , Decision Date: 2015-04-16 
Attachment: Click here to download the decision. 

A certified nurse aide’s mere use of profanity in the presence of a resident did not amount to abuse in the absence of evidence that it was done with the purpose of inflicting injury, unreasonable confinement, intimidation, or punishment or that her statements caused the [..] Read More..

CNA Supervisor’s removal of a resident from dining room during cleaning was not neglect.

Topic: Nurse Aide Registry, Decided by Judge Brown 
Docket Number: 1501921 , Decision Date: 2014-10-24 
Attachment: Click here to download the decision. 

Petitioner’s conduct in removing a wheelchair-bound resident from a room by force during potentially-hazardous cleaning operations did not amount to neglect.  Petitioner exhausted reasonable alternatives before removing the resident and acted out of concern for the resident’s safety.  Accordingly, the Department of Community Health (DCH) [..] Read More..

Derisive comments that caused a resident mental anguish amounted to verbal abuse.

Topic: Nurse Aide Registry, Decided by Judge Kennedy 
Docket Number: 1500988 , Decision Date: 2014-09-02 
Attachment: Click here to download the decision. 

Petitioner, a Certified Nurse Aide, verbally abused a resident by telling her that she had multiple sclerosis “because she was mean” and that the resident was “going to hell”, causing the resident mental anguish.  Respondent was therefore authorized to place a written description of an [..] Read More..

Certified nurse aide’s refusal to clean and dress total care patient constituted neglect.

Topic: Nurse Aide Registry, Decided by Judge Woodard 
Docket Number: ***** , Decision Date: 2014-08-06 
Attachment: Click here to download the decision. 

In an incident at a nursing home, Petitioner, a certified nurse aide (CNA), refused to clean and dress a resident, who was totally dependent on staff members to perform activities of daily living, and thereafter used profane and harsh language in the resident’s presence.  Although [..] Read More..

Inconsistent and hearsay evidence insufficient to support finding of neglect.

Topic: Nurse Aide Registry, Decided by Judge Brown 
Docket Number: 1433320 , Decision Date: 2014-03-31 
Attachment: Click here to download the decision. 

Respondent was not authorized to place a finding of neglect on the Nurse Aide Registry where the evidence giving rise to its proposed action was unsupported by testimony.  Witness accounts of the incident were inconsistent and failed to establish that Petitioner engaged in neglectful conduct.

Creating risk of aspiration constitutes neglect for purposes of placement on the Nurse Aide Registry.

Topic: Nurse Aide Registry, Decided by Judge Teate 
Docket Number: 1433322 , Decision Date: 2014-03-12 
Attachment: Click here to download the decision. 

Petitioner’s name was properly placed on the Nurse Aide Registry for neglecting a resident after Petitioner, in response to a resident’s yelling, repeatedly poured water directly into a resident’s open mouth while the resident was lying flat on his back in bed. Petitioner’s actions constituted [..] Read More..

Name calling constituted abuse where nursing home resident suffered mental anguish.

Topic: Nurse Aide Registry, Decided by Judge Kennedy 
Docket Number: 1337175 , Decision Date: 2013-09-19 
Attachment: Click here to download the decision. 

Petitioner’s name may be entered on the state’s Nurse Aide Registry based on a finding of abuse, but not neglect.  Petitioner acted abusively by calling a resident a name that caused her mental anguish.  However, Petitioner did not neglect the resident when she applied a [..] Read More..

Inadequate evidence of neglect where sole witness’s testimony shaded by personal animosity.

Topic: Nurse Aide Registry, Decided by Judge Woodard 
Docket Number: 1343180 , Decision Date: 2013-07-12 
Attachment: Click here to download the decision. 

The name of a Certified Nursing Assistant (CNA) could not be placed on the Nurse Aide Registry for neglect of an Alzheimer’s patient because the sole eyewitness was a fellow CNA with whom Petitioner had a history of personal animosity and whose testimony was, therefore, unreliable.

Subjective discomfort does not constitute willful abuse.

Topic: Nurse Aide Registry, Decided by Judge Teate 
Docket Number: 1337177 , Decision Date: 2013-07-01 
Attachment: Click here to download the decision. 

In the absence of evidence of willfulness, the State was not permitted to include a nurse’s name on the Georgia Nurse Aide Registry for two allegations of sexual and mental abuse.  Regarding the first allegation, the Department investigation only showed that the resident was uncomfortable [..] Read More..

No neglect of nursing home resident where nurse complied with training.

Topic: Nurse Aide Registry, Decided by Judge Brown 
Docket Number: 1334397 , Decision Date: 2013-06-17 
Attachment: Click here to download the decision. 

Judge Brown reversed the decision of the Department of Community Health (DCH) to list Petitioner in the State Nurse Aide Registry for neglect of a resident.  The evidence demonstrated that Petitioner complied with her training and provided services as necessary to avoid harming the resident.  [..] Read More..

Judge finds that nurse did not abuse combative patient.

Topic: Nurse Aide Registry, Decided by Judge Brown 
Docket Number: 0000001 , Decision Date: 2013-03-14 
Attachment: Click here to download the decision. 

Petitioner appeals DCH’s decision to record in Georgia’s Nurse Aide Registry that Petitioner was abusive to a patient after she held a combative patient’s wrists to prevent him from attacking her. The Judge REVERSED the decision because Petitioner’s actions were reasonable under the circumstances.