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For years, Nightingale College graduates living in California applied to the state nursing board, took the NCLEX-RN, and became registered nurses.
Then, according to a lawsuit filed by the Utah-based nursing college, that pathway largely stopped in May.
Since May, hundreds of Nightingale graduates seeking California licensure have been unable to move forward with the process that allows them to take the NCLEX-RN. As a result, some say RN job opportunities are now in jeopardy, while others have obtained licenses in other states but still cannot work as RNs where they live in California.
At the center of the dispute are two questions that sound technical but have significant consequences for nurses: how much direct patient care an out-of-state nursing graduate must complete to qualify for California licensure, and how nursing theory and corresponding clinical instruction must be scheduled to satisfy the California Board of Registered Nursing’s concurrency requirement.
Nightingale College argues that the California Board of Registered Nursing, or BRN, is applying those standards to its graduates in ways not lawfully established for individual applicants from out-of-state nursing programs.
The Board says California law requires out-of-state applicants to have education equivalent to that required of graduates of California nursing programs. The BRN has also publicly emphasized the importance of concurrent theory and clinical education in preparing nurses for practice. In its 2026 sunset review, the Board said concurrent education allows students to apply theoretical knowledge in clinical settings, reinforcing learning and enhancing clinical judgment.
A BRN spokesperson told KGTV in San Diego that excluding the disputed standard from the equivalency review would result in different education and training requirements for in-state and out-of-state graduates.
Meanwhile, graduates remain caught between their college and the agency that decides whether they qualify for California RN licensure.
What California Requires of Out-of-State Nursing Graduates
Nightingale filed its complaint Aug. 24 in Sacramento County Superior Court against the BRN and its executive officer, Loretta Melby.
California law requires graduates of out-of-state nursing schools to have completed courses that, in the BRN’s judgment at the time an application is filed, are equivalent to the minimum requirements established for a California-approved nursing program.
The lawsuit does not dispute the BRN’s authority to evaluate that education.
The dispute is over how the Board may determine equivalency.
California law separately requires an approved nursing school or nursing program to provide at least 500 direct patient care clinical hours, with a minimum of 30 hours of supervised direct patient care in nursing areas specified by the Board.
Nightingale contends that provision governs California-approved nursing programs and cannot be applied as an individual licensing requirement to graduates of an out-of-state program in the manner the BRN is using it.
The BRN’s regulations also require nursing theory and clinical practice to be “concurrent” in geriatrics, medical-surgical nursing, mental health and psychiatric nursing, obstetrics and pediatrics. Nightingale argues the regulation does not define “concurrent” and says the BRN has not provided the college with a workable definition.
The lawsuit asks the court to stop the BRN from applying the disputed standards to Nightingale graduates and to require the Board to evaluate their applications under the licensing standards Nightingale contends legally apply to out-of-state applicants.
Those are Nightingale’s legal arguments. The underlying lawsuit has not been decided.
What Changed in May
A central question in the dispute is why Nightingale graduates who previously obtained California licenses were able to move through the process while hundreds of recent graduates have not.
According to Nightingale’s court filings, the BRN has authorized at least 2,230 Nightingale graduates to take the NCLEX since 2020 and approved at least 1,961 for California RN licensure.
Nightingale says previously approved graduates completed the same curriculum now at issue in the dispute.
That history changed in May 2026.
On May 18, according to the college’s filing, BRN staff told Nightingale that the Board could not establish equivalency based on the information it had received and that it needed additional information. The filing says approvals for most Nightingale graduates then stopped.
Paul Murphy, a senior communications executive at Nightingale College, told Nurse Approved that BRN counsel explicitly communicated on June 12 that the Board would apply the direct-patient-care standard and concurrency requirement in evaluating Nightingale graduates. He said the position was reiterated June 24.
Nightingale’s complaint describes those communications as well as additional meetings with BRN representatives in August.
Nightingale argues this amounted to a change in how the BRN was evaluating its graduates. Its filing says 1,561 of the 1,961 Nightingale graduates approved for California licensure received licenses after July 1, 2024, when the current version of the regulation at issue took effect.
The BRN has not responded to Nurse Approved’s questions about why previous Nightingale graduates were approved or how the current applications differ.
More Than 500 Graduates Have Not Tested
Nightingale’s complaint says 561 students graduated in spring 2026 and approximately 536 had not tested at the time of the filing. The college said 49 graduates were pursuing California licensure by endorsement after seeking licensure in another state.
The numbers have continued to change as graduates pursue different paths to testing and licensure. An Aug. 27 court filing, for example, said approximately 549 spring graduates had been unable to take the NCLEX-RN in California or obtain California licensure since the holds began.
Nightingale’s filing says another 612 California residents were part of its summer graduating class and expected to seek RN licensure in the state.
Jobs Are Already at Risk
Nightingale also alleges significant employment consequences.
As of early July, approximately 70 graduates had lost job offers, 86 faced possible rescission of offers and 95 held offers contingent on receiving authorization to test, according to declarations the college submitted in court. (Nurse Approved has not independently verified those aggregate figures.)
Several affected graduates, however, described employment consequences directly to Nurse Approved.
‘I May Have to Forfeit It’
Jessica Leonard, 53, graduated with a BSN from Nightingale in August and works as an Advanced Care Technician on a medical-surgical oncology unit at Sharp Tri-City Medical Center in Oceanside, California.
She is in contention for an RN residency on that same unit.
“I’m in the running for a highly competitive new-graduate RN residency on that same unit — I’ve completed my interview and believe I have a strong chance. But even if I receive the offer, I may have to forfeit it because I still can’t obtain my California RN license,” Leonard said.
“Every delay postpones my ability to earn an RN salary and build financial stability. Behind every pending application is a person and a family. I’ve done my part. I’m simply asking for a clear, timely path forward.”
For Sasha Wiltjer, the licensing issue has created a different problem.
Wiltjer has been an LVN for 11 years and works at UC San Diego Health on a progressive care unit specializing in surgical oncology and transplant patients. She graduated from Nightingale in April, obtained an ATT through Utah, passed the NCLEX, and became a licensed RN in that state.
She lives and works in San Diego.
“I’ve already been hired into UCSD’s September 18 new-graduate RN cohort. As that date approaches, I’m facing the very real possibility of losing that opportunity because of circumstances completely outside my control.”
Katie McHenry, who graduated in August and works for UC Davis, said she was one of two candidates selected from hundreds of applicants for an ambulatory position in the health system’s new-graduate residency.
The residency begins in October.
“My employer has generously offered to hold my offer for the next cohort, in March 2027,” McHenry said. “I traveled for clinicals while pregnant and pumping breast milk in airports just to get here. I’m asking for the chance to actually start the career I earned.”
These graduates’ experiences do not determine whether Nightingale or the BRN is correct about California licensing law. They do show how the unresolved dispute affects nurses trying to enter the workforce.
‘I Still Do Not Know Exactly What the BRN Believes May Be Deficient’
Shoshaun Williams graduated from Nightingale in August and submitted her California BRN application Aug. 31.
Williams, a wife and mother of three who works as an administrative assistant at UCLA Health, told Nurse Approved she has not received her ATT or an individual explanation from the BRN about whether there is a problem with her application.
For Some Graduates, Leaving California Isn’t an Option
She had expected to move from her current position into nursing after graduation.
“I am currently working in a lower-paying, per-diem position, and becoming an RN was supposed to provide greater financial stability for my family. Relocating out of state to test or work isn’t a realistic solution for us. Our home, my husband’s long-term employment, my children’s schools, and my existing UCLA career and retirement are all here in Southern California. This delay affects much more than when I take an exam — it affects the career and financial plans my family and I made around my completing nursing school.”
Williams said that when she enrolled, she understood that other Nightingale students from California had gone on to test, obtain California licenses and work as nurses.
She said she began hearing informal concerns earlier this year, but initially understood the licensing issue to involve an individual student rather than a broader problem affecting California graduates.
Now, she said, uncertainty is among the hardest parts.
“The most difficult part has been the uncertainty and lack of transparency. I still do not know exactly what the BRN believes may be deficient in my individual education, what Nightingale was asked to provide, or exactly what I would need to do to resolve any issue with my application.”
Williams said she would complete additional clinical hours or coursework if ultimately required.
“I am not asking either side to abandon its legal position. I am asking for transparency and a clear path that allows me to obtain my California license and begin my nursing career.”
Nightingale Has Changed Parts of Its Curriculum
While challenging the BRN’s interpretation, Nightingale has also made changes for future students.
The college added five hours to ASN 391 and BSN 395 beginning with the fall 2026 semester, according to information provided to Nurse Approved. The changes do not apply retroactively to summer 2026 graduates.
Nightingale also added three state-specific courses that it says are intended to provide flexibility for potential state requirements. The college says no state currently mandates those additional courses and students are not required to take them.
Nightingale announced the changes in an Aug. 10 update, saying they would take effect with the fall 2026 semester. The college has also said it is evaluating options, including supplemental coursework that could provide the contested hours if ultimately necessary.
Murphy said the BRN had not formally identified curriculum deficiencies to Nightingale and that the college would make adjustments for spring and summer graduates if additional hours were ultimately determined to be necessary.
The college’s court complaint, however, acknowledges that the BRN’s position is that Nightingale’s BSN program does not meet the 500-hour direct-patient-care requirement. Nightingale disputes that characterization and argues its graduates’ clinical education meets the standards that legally apply to out-of-state applicants.
The Lawsuit Also Challenges What Happened at Public Meetings
Nightingale’s lawsuit raises a second legal issue involving public meetings of the nursing board.
The college alleges that BRN leadership made substantive commitments about applying the disputed requirements to Nightingale graduates during public committee meetings on July 29 and Aug. 11, even though the issue was not identified on the published agendas.
Nightingale contends the statements constituted action on an unagendized matter in violation of California’s Bagley-Keene Open Meeting Act.
The complaint seeks to invalidate the alleged actions and prevent the BRN from applying the disputed licensing standards to Nightingale graduates.
No court has determined that the BRN violated the open-meeting law.
Judge Denies Nightingale’s Request for Immediate Relief
Nightingale asked Sacramento County Superior Court Judge Richard K. Sueyoshi to intervene while the larger case proceeds.
In its request for a temporary restraining order, the college asked the court to stop the BRN from applying the disputed direct-patient-care and concurrency standards and require it to process pending Nightingale ATT applications without using them.
Sueyoshi denied the temporary restraining order on Aug. 28.
The TRO denial did not resolve the underlying lawsuit. Nightingale said the decision did not determine who was right on the underlying claims. It meant the college did not obtain the immediate court intervention it had requested. After the ruling, Nightingale said it planned to seek a preliminary injunction.
The underlying case remains pending.
Why the Nightingale Case Matters to Nurses
The legal dispute involves one college, but it raises a larger issue for nursing students who attend programs outside the state where they eventually hope to practice.
Passing the NCLEX is not enough, by itself, to become licensed.
State boards determine whether applicants meet their licensing requirements, including educational requirements. In California, the BRN decides whether an out-of-state graduate’s nursing education is equivalent to the education required for graduates of California-approved programs.
The Nightingale case challenges how the Board is applying that authority to graduates of one out-of-state nursing program and whether the requirements at issue were lawfully established for those applicants.
For prospective nursing students, it also serves as a reminder that institutional or programmatic accreditation and eligibility for licensure in a particular state are separate considerations. Students planning to practice in a specific state may need to determine whether their nursing education will satisfy that state’s licensing requirements.
Passing the NCLEX Is Only Part of Licensure
For current Nightingale graduates in California, however, that broader lesson offers little immediate resolution.
April Crisafulli has been a California LVN for approximately 11 years and graduated summa cum laude with her BSN from Nightingale after working full-time and traveling to five states to complete clinical requirements.
“I’m not asking for an RN license to be handed to me, and I’m not asking anyone to lower California’s standards. I’m asking for the opportunity to take the NCLEX-RN and be evaluated through the same national exam that determines whether any nurse is ready to practice. I’ve invested years and significant money into this degree. I’m proud of what I accomplished, but I’m scared.”
But the NCLEX is only one component of RN licensure. California must first determine that an applicant meets its educational requirements before authorizing that graduate to test.
That is where Nightingale and the BRN remain divided.
Williams said she is willing to do more if California ultimately requires it. She wants to know what that means.
“If additional clinical hours or coursework are ultimately required, I have been clear that I am willing to complete them,” she said. “Before I even graduated, I specifically asked what the BRN was requesting because I wanted the opportunity to complete anything additional while I was still a student.”
For Williams and hundreds of other graduates, nursing school is finished.
Their path to becoming California RNs is not.
About This Reporting: Nurse Approved reviewed Nightingale College’s verified complaint and court filings related to its request for emergency relief, obtained responses from Nightingale College and statements from affected graduates, and sought comment from the California Board of Registered Nursing. The Board had not responded to the request at the time of publication. Nurse Approved also reviewed publicly available information about the BRN’s position and the California laws and regulations at issue.
