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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..

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