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.