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 because she believed the nurse to be homosexual, but not that the nurse failed to comply with appropriate perineal bathing procedures. No admissible evidence was presented on the second allegation.