Nurse Aide Registry

Patient’s mental anguish can be inferred, based on CNA’s use of derogatory and abusive language

Judge Teate

September 30, 2022

In this matter, the Department of Community Health sought to place a certified nurse aide (CNA) on the Nurse Aide Registry after receiving allegations that she had verbally and physically... Read More

CNA’s comments to patient about zipping up her jacket did not rise to level of verbal abuse  

Judge Brown

June 3, 2022

The Court reversed a decision by the Department of Community Health to place a certified nurse aide (CNA) on the state’s Nurse Aide Registry.  At the hearing, conflicting accounts were... Read More

Reflex action is not “willful.”

Judge Teate

March 17, 2016

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... Read More

Review is limited to allegations described in the notification of adverse action.

Judge Brown

January 11, 2016

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... Read More

Nurse aide misappropriated resident’s anti-anxiety medication for her boyfriend.

Judge Woodard

July 1, 2015

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... Read More

Use of profanity in presence of resident does not, per se, constitute abuse.

Judge Kennedy

April 16, 2015

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... Read More

CNA Supervisor’s removal of a resident from dining room during cleaning was not neglect.

Judge Brown

October 24, 2014

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... Read More

Derisive comments that caused a resident mental anguish amounted to verbal abuse.

Judge Kennedy

September 2, 2014

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... Read More

Certified nurse aide’s refusal to clean and dress total care patient constituted neglect.

Judge Woodard

August 6, 2014

In an incident at a nursing home, Petitioner, a certified nurse aide (CNA), refused to clean and dress a resident, who was totally dependent on staff members to perform activities... Read More

Inconsistent and hearsay evidence insufficient to support finding of neglect.

Judge Brown

March 31, 2014

Respondent was not authorized to place a finding of neglect on the Nurse Aide Registry where the evidence giving rise to its proposed action was unsupported by testimony.  Witness accounts... Read More

Creating risk of aspiration constitutes neglect for purposes of placement on the Nurse Aide Registry.

Judge Teate

March 12, 2014

Petitioner’s name was properly placed on the Nurse Aide Registry for neglecting a resident after Petitioner, in response to a resident’s yelling, repeatedly poured water directly into a resident’s open... Read More

Name calling constituted abuse where nursing home resident suffered mental anguish.

Judge Kennedy

September 19, 2013

Petitioner’s name may be entered on the state’s Nurse Aide Registry based on a finding of abuse, but not neglect.  Petitioner acted abusively by calling a resident a name that... Read More

Inadequate evidence of neglect where sole witness’s testimony shaded by personal animosity.

Judge Woodard

July 12, 2013

The name of a Certified Nursing Assistant (CNA) could not be placed on the Nurse Aide Registry for neglect of an Alzheimer’s patient because the sole eyewitness was a fellow CNA with... Read More

Subjective discomfort does not constitute willful abuse.

Judge Teate

July 1, 2013

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... Read More

No neglect of nursing home resident where nurse complied with training.

Judge Brown

June 17, 2013

Judge Brown reversed the decision of the Department of Community Health (DCH) to list Petitioner in the State Nurse Aide Registry for neglect of a resident.  The evidence demonstrated that... Read More

Judge finds that nurse did not abuse combative patient.

Judge Brown

March 14, 2013

Petitioner appeals DCH’s decision to record in Georgia’s Nurse Aide Registry that Petitioner was abusive to a patient after she held a combative patient’s wrists to prevent him from attacking her. The... Read More