Editor’s Note: This story has been updated to reflect where the alleged incident occurred.

AUSTIN (KXAN) — A nurse at St. David’s Medical Center on East 32nd Street in central Austin is accused of attempting to sexually assault a patient on Valentine’s Day, according to newly released court records filed by Austin Police.

Jorge Armando Nuncio Moreno, 32, is accused of violating his patient, who was on oxygen in the intensive care unit at one point during her hospital stay, according to an arrest affidavit signed by a City of Austin Municipal Court judge on June 9.

Nuncio is accused of offering his patient a massage and then inappropriately touching her chest and genital area. During a Sexual Assault Forensic Exam conducted the next day, the patient told an examiner Nuncio used lotion on his hand. He is charged with attempted sexual assault, which is a third degree felony.

“Jorge Nuncio Moreno has always conducted himself in a professional manner while employed at St. David’s Medical Center,” his attorney, Charles Baird, told KXAN in a statement. “At all times, his interaction with patients has been both respectful and deferential.”

“Jorge has cooperated fully with St. David’s and law enforcement during their inquiry into this matter. He will continue to do so,” Baird added. “We are optimistic this matter will be resolved swiftly, and Jorge will continue to be a valued member of the St. David’s family.”

While the affidavit said the patient was “on oxygen in the ICU,” St. David’s clarified Wednesday to say the alleged incident occurred in the Progressive Care Unit, and Nuncio was a Progressive Care Telemetry registered nurse.

Part of the incident was witnessed by a room cleaner, who reported seeing Nuncio standing behind the patient, who was sitting with her gown down. The employee told police this was “weird” and she “never saw something like this her entire time working” over a 12-year period.

Medical notes initialed by Nuncio, subpoenaed by Austin Police, show he attended to her a half dozen times on the day of the incident. The notes made no mention his patient was having issues with treatment that would warrant a massage or that one was given, according to the court record.

“In his statement, Jorge admits to giving the victim a massage with lotion,” on her back and another on her upper legs and that during the process the gown “dropped” and “moved over.”

The patient told a different nurse what happened and was told to call 911 and file a police report, according to the affidavit, which accuses Nuncio of “exploiting” his patient’s “emotional dependency” in his role as a health care services provider.

Nuncio passed background check

Nuncio was hired as a registered nurse on Jan. 9, 2023, after passing a background check, according to St. David’s Medical Center Vice President of Human Resources Jacque Odom. Prior to the complaint being made on Feb. 15, he had no incidents or disciplinary actions against him, the official added. Following the allegation, he was suspended without pay.

After the allegations were made, the hospital conducted its own internal investigation that came back “inconclusive,” according to Odom. Nuncio returned to work on June 2 nearly four months after the alleged incident and worked four shifts.

On June 10, after the arrest warrant was issued, he informed St. David’s and turned himself into law enforcement. He is currently suspended pending the outcome of the case, according to Odom.

Nuncio is a registered nurse, able to practice in multiple states, with an active license expiring on May 31, 2027, according to a KXAN review of his license on the Texas Board of Nursing website. His license was issued in 2022 and re-issued on May 28 of this year less than two weeks before this warrant for his arrest was issued.

Unlike the Texas Medical Board, the TBN doesn’t disclose if a nurse has any prior disciplinary actions. The TMB enhanced its disciplinary disclosures following a 2023 Texas law sparked by a series of KXAN investigations. That law takes full effect in September.

KXAN asked the Texas Board of Nursing if it’s aware of this case. We also asked the Texas Nurses Association if disciplinary disclosures should be similar to the TMB. We did not immediately hear back.