October 19, 2007

 

Governor Eliot Spitzer

State Capitol

Albany, NY 12224

 

Dear Governor Spitzer:

 

On behalf of more than four thousand five hundred active members of the Philippine Nurses Association of America and thousands of other Filipinos in the state of New York and the United States, I am writing to urge you to appoint an independent special prosecutor to investigate the criminal case against ten Filipino nurses brought by District Attorney David Spota in Suffolk County, New York.

 

These 10 RNs were among 26 nurses brought to the U.S. from the Philippines by the Sentosa Recruitment Agency in 2004 and 2005. They resigned from their positions after many months of enduring violations of their contract. The nurses stated that they understood their contract specifications as that of direct-hire employment, but when they arrived in New York, they were made agency nurses of a nursing employment agency. The said nursing employment agency placed them at facilities different from the ones that sponsored them. The Sentosa Care, LLC, as the management company of the individual nursing home facilities that sponsored the nurses did not give them the proper orientation and training to function in the clinical settings they were assigned to, forced them to provide nursing care under conditions that were unsafe for both themselves and their patients. Fact Sheet attached (ATTACHMENT I)

 

The PNAA believes that a special prosecutor is warranted for the following reasons:

·      Records show that the nurses DID NOT leave their patients until they appropriately endorsed the care of their patients and were replaced by other nurses.

·      The nurses made all their practice and patient issues and concerns known either verbally by phone, or formally by letters and emails and met with their supervisors, Philipson and Luyun.

·      The application for preliminary injunction lodged by Sentosa Care LLC and its affiliated nursing home facilities was denied on July 5, 2006 by the Nassau Supreme Court because they had failed to establish “their likelihood of prevailing on the merits of the breach of contract claim”.

·      The New York State Education Department’s Office of Professional Discipline (NYSED’s OPD) ruled that there was “ NO finding of patient abandonment and that there was no good moral character issue that would prohibit the nurse-permitees from securing their limited permits or nursing licenses”.

·      The PNAA knows of no other case where nurses have been indicted for endangering patients when NO REPORTED PATIENT HARM has occurred.

·      The investigative report that Newsday published alludes to the close personal, political and financial endorsement relationships among the owner of Sentosa Care owner Mr. Bent Philipson; the Suffolk County District Attorney, Mr. Thomas Spota; and U.S. Senator Charles Schumer as well as the lawyers representing the Sentosa Care, LLC and its facilities.

·      Despite two important rulings in the nurses’ favor, Mr. Spota still decided to indict the nurses on exactly the same charges..

 

The entire nursing community namely, the American Nurses Association (ANA), the New York State Nurses Association of New York (NYSNA), the Philippine Nurses Association of America (PNAA), and the Philippine Nurses Association of New York (PNA-NY) including Filipino community organizations across the United States of America have unanimously issued position statements condemning the indictments. PNAA, PNA-NY and NYSNA have called for the dismissal of the case against these ten nurses.

 

These ten nurses were new to this country hoping to realize the American dream by the professional conduct of their nursing careers. Their honest intention to provide dedicated, compassionate and competent nursing care that Filipino nurses have become known for was taken advantaged of by an unscrupulous and unethical employer. Despite the lack of financial and political connections, these nurses have courageously stood up not only for their human rights but also for their patients’ rights to have safe competent care.

 

PNAA believes in your established reputation of being a strong advocate for consumers’ rights against the big, powerful, and influential businesses in the state of New York. We have faith that given the chance of a fair and independent investigator , these ten nurses will be spared further torture they have already suffered under the Sentosa Care LLC and the Office of the District Attorney of Suffolk County.

 

PNAA believes this case warrants the appointment of a special prosecutor to ensure a fair and just hearing for these immigrant nurses as well as an investigation into the conduct of the District attorney in pursuing a criminal case against the 10 nurses.

 

      We will consider it a great privilege to meet with you or your designee should you want to discuss this further.

 

      Sincerely,

 

 

Rosario May Mayor, RN, MA

President, PNAA

2006-2008

 

Email:

PNAApres0608@aol.com