Published on Nov 8, 2012
SAN DIEGO -- State officials say they are working to permanently revoke the licenses of two registered nurses caught performing sex acts with a 98-year-old patient on home surveillance video.
San Diego 6 exclusively revealed portions of the video Monday, which shows two men in nurses' scrubs fondling, masturbating, and performing oral sex on each other near the female stroke victim.
In one clip, a nurse holds the patient's hand while the other man fondles him. Later, a nurse leans down and kisses the woman's face.
The nurses were hired through a company called AMS Home Care Solutions, according to family attorney William Berman.
San Diego 6 has learned AMS Home Care Solutions was never licensed by the California Department of Public Health to provide skilled nursing care.
"AMS Home Care Solutions is not currently a facility licensed by CDPH nor has it ever been licensed by CDPH," said spokesperson Ralph Montano in a statement. Montano added that companies acting solely as "referral agencies" do not need to be licensed.
In May 2011, AMS Home Care Solutions applied for a license as a Home Health Agency with the California Department of Public Health, but its application was never approved.
"In February 2012, CDPH received a complaint regarding the operation of this entity. Based on the outcome of our investigation, CDPH made referrals to law enforcement agencies," said Montano.
The San Diego District Attorney's office is still reviewing the case for possible criminal charges.
The application for licensure was submitted two months after the last videotaped incident, which began on February 27, 2011 and ended on March 11, according to Berman.
On the application, the company listed its "Director of Nursing Services" as Russel Torralba.
Torralba and Alfredo V. Ruiz were identified as the nurses in the surveillance video during an administrative law hearing on October 24. Their licenses have been partially suspended pending another hearing on November 14.
"Knowing what [the company] knew, knowing there were these acts committed against my clients, and listing Mr. Torrabla as the director of nursing services -- this information that's coming out now is absolutely just an irony," said Berman.
Both Torralba and Ruiz have been barred from working as in-home health providers, but are allowed to continue working in a hospital setting, pending the outcome of the hearing next week.
Attorneys for AMS Homecare Solutions, Torralba, and Ruiz could not be reached on Wednesday. Initial calls for comment on Monday were not returned.