Lisa Boggs

Given physical risks involved, GAPP recipient still required nursing services during therapies

In this matter, a 3-year-old recipient of nursing services through the Georgia Pediatric Program (GAPP) appealed a decision by the Department of Community Health to reduce his service hours from 24 hours a week to 4 hours a week.  The Court concluded that some reduction in hours was warranted, as the child’s feeding tube had […]

Given physical risks involved, GAPP recipient still required nursing services during therapies Read More

Educator’s specific profession was not covered under the Mandatory Reporter Statute

The Professional Standards Commission sought to sanction an educator’s teaching certificate based on her alleged failure to make a required report of child abuse.  The Court reversed the Commission’s action, concluding that the Mandatory Reporter Statute requires only certain specified professionals to report suspected child abuse.  Those professionals include school teachers, school administrators, school counselors,

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Series of low IQ scores demonstrated applicant’s eligibility for NOW/COMP

The Court concluded that an applicant met the eligibility criteria for the NOW/COMP Medicaid waiver program based on his history of low IQ scores.  The evidence showed the applicant demonstrated “significant sub-average general intellectual functioning” based on a series of IQ scores below 70 over a 16-year period.  While one IQ score during this period

Series of low IQ scores demonstrated applicant’s eligibility for NOW/COMP Read More

Parents unsuccessful in seeking relief under IDEA, FERPA, Open Records Act, Mandatory Reporter statute

Following a four-day evidentiary hearing, the Court dismissed all claims for relief brought by a student and his parents under the Individual with Disabilities Education Act (IDEA).  In particular, the Court noted there was no evidence supporting the claim that the student had been abused while at school.  The Court also dismissed corresponding claims citing

Parents unsuccessful in seeking relief under IDEA, FERPA, Open Records Act, Mandatory Reporter statute Read More

Full context of exchange between officer and driver confirmed driver understood implied consent notice

In this matter, a driver argued that the administrative suspension of her license following a DUI stop was improper because the arresting officer told her “yes” after she asked whether she “had to” consent to a blood test.  Taken in isolation, the officer’s statement appears inconsistent with the implied consent notice read to the driver,

Full context of exchange between officer and driver confirmed driver understood implied consent notice Read More

Cease-and-desist order issued for unlicensed individual holding himself out as massage therapist

The Georgia Board of Massage Therapy sought a cease-and-desist order against an individual for allegedly practicing massage therapy without a license.  The Court granted the cease-and-desist order after finding that the “Esole” technique, as described by the individual, still meets the legal definition of “massage” and “massage therapy.”   

Cease-and-desist order issued for unlicensed individual holding himself out as massage therapist Read More

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