A.O. v. Department of Health & Rehabilitative Services

PETERSON, Judge.

A.O., a certified nursing assistant (CNA), appeals a final order of the Department of Health and Rehabilitative Services (HRS) confirming a report finding him to be a perpetrator of neglect of an aged person. The HRS order allowed his name to be placed on the state’s abuse registry pursuant to section 415.103, Florida Statutes (1993). We reverse.

A.O., an employee of a temporary health care agency, was assigned to care for L.H., a patient at a nursing home. The nursing home’s supervising registered nurse instructed A.O. to bathe each of his patients while she distributed…