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 resident physical harm, pain, or mental anguish.  Moreover, Petitioner’s conduct, while inappropriate, was not so egregious that pain and mental anguish could be presumed