Nurses Videotaped in Sex Acts Worked for Unlicensed Company (Sam Spital)

Commentary by SAN DIEGO CRIMINAL LAW AND PROFESSIONAL LICENSE DEFENSE ATTORNEY:

“This story was updated and published on November 8, 2012 by San Diego Channel 6 News regarding two registered nurses who were caught by home surveillance equipment and videotaped masturbating and performing oral sex on each other near, as well as kissing and fondling, a female stroke victim who was 98 years old. The nurses were referred by AMS Home Care Solutions, which reportedly is not currently and never was licensed by the California Department of Public Health to provide skilled nursing care (apparently AMS applied in May, 2011 for, but was not granted, a license). On October 24, 2012, an Administrative Law Judge (ALJ) issued an Interim Suspension Order (ISO) against the nurses. For further information regarding both cases before the Board of Registered Nursing, see: http://rn.ca.gov/public/rn575494.pdf andhttp://rn.ca.gov/public/rn673160.pdf.

Pursuant to Code of Civil Procedure, Section 1094.5, either or both of the nurses can obtain judicial review of their respective ISO by filing a Petition for a Writ of Mandamus in San Diego Superior Court in which the judge will decide if there was an abuse of discretion by the ALJ in imposing the interim Order. The Board of Registered Nursing has up to 15 days to file an Accusation in connection with the above case in which the nurses face an outright revocation of each of their RN licenses. If a Notice of Defense is timely filed the nurses or either one are entitled to a hearing or trial within 30 days. There were no responses by defense counsel and, therefore, it is uncertain what strategy or arguments will be made on behalf of their respective clients.”