- I conclude that the Respondent’s conduct does not fall within the exception to the definition of abuse as outlined in 105 CMR 155.003(c). Specifically, I conclude that there was no necessity to restrain Resident #1 on the day in question.
- ppeal by respondent Jessica Currao from a finding by the Department of Public Health that she misappropriated patient property from a nursing home resident. Following respondent’s failure to appear for a scheduled status conference or respond to an order to show cause why the appeal should not be dismissed, the appeal is dismissed for lack of prosecution and the appealed finding is made final.
- Department of Public Health has proven that Certified Nurse Aide committed one act of patient abuse against nursing home resident when she used callous and foul language toward him that resulted in his being upset and crying.
- Respondent's name shall be placed on the nurse aide registry because Respondent abused a resident of a long-term care facility by slapping the resident's arm in the presence of an eye witness.
- The Department of Public Health (DPH) has demonstrated that on November 13, 2008, the Respondent, Ana Pacheco, engaged in physical abuse of Resident J.V. by kicking him in retaliation for the Resident having scratched her. The Respondent also caused Resident J.V. psychological harm by threatening him. In accordance with federal regulations, a resident has the right to be free from abuse (42 CFR 483.13(b)). I therefore order that the Petitioner take appropriate action in accordance with this decision as required under the provisions of 42 USCS 1396r(g)(1)(c).
- Respondent's name shall not be placed on the nurse aide registry because evidence at hearing did not support a finding that the Respondent grabbed a resident of a long-term care facility leaving a bruise on the resident's arm.
- A home health aide working for a home health agency inside her client’s home, misappropriated money and credit cards. She had formed an intent to take at least a $20 bill from the cash and credit cards when the client’s daughter entered the room she was in. She then tried to hide the money clip and credit cards from the daughter by throwing her jacket over her hand that had these items in it, and then trying to walk away from the daughter. The fact that the daughter moved aside the jacket hiding the cash and credit cards before the homemaker could leave with them does not overcome the violation of 105 CMR 155.003 for misappropriation of a client’s property, which includes a temporary misappropriation. The Homemaker’s defense that she was only considering taking $20 was not credible. The Dept. of Public Health has shown sufficient proof to place the homemaker’s name on the Nurse’s Aide Registry
- ORDER OF DISMISSAL
- The Department of Public Health met its burden of proving that the Respondent Certified Nurse Aide committed one count of patient abuse when she slapped a volatile elderly female nursing home resident during the provision of personal care.
- Department of Public Health (DPH) proved that the Respondent, a Certified Nurse Aide, committed two counts of patient abuse by spitting at one elderly male nursing home resident and squeezing the nipples of another elderly male nursing home resident. DPH failed to prove that the Respondent committed one count of patient neglect by speaking firmly and in a loud voice to an anxious elderly female resident.
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