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Hundreds of Nightingale College nursing graduates hoping to begin their careers in California face continued uncertainty after a judge rejected the college’s request to allow them to pursue nursing licenses while its legal battle with state regulators continues.
Sacramento Superior Court Judge Stephen Acquisto denied Nightingale College’s request for a preliminary injunction against the California Board of Registered Nursing (BRN) on Friday, finding that the Utah-based college was unlikely to succeed on its legal claims.
The decision leaves affected graduates without the immediate legal relief the college sought, and some may need additional clinical training before qualifying for California nursing licenses.
Nightingale, however, says it has begun enrolling affected graduates in additional courses at no cost to address deficiencies the board identified.
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Judge Backs California’s Nursing Licensure Requirements
At the center of the lawsuit is California’s requirement that nursing applicants complete 500 hours of direct patient care training.
Nightingale College argued that the requirement does not apply to the school because it operates outside California. Its attorney maintained that the California nursing board lacks the authority to regulate out-of-state nursing programs.
State regulators countered that graduates of out-of-state programs must meet the same minimum clinical training requirements as graduates of California nursing schools.
According to 10News San Diego, Acquisto agreed with the board’s interpretation of state law, describing it as one that “seems to be the only reasonable one.”
During the hearing, an attorney representing the state argued that allowing graduates to obtain licenses without completing required clinical hours in areas such as obstetrics and pediatrics could cause “substantial harm” to the public.
Nightingale countered that there was no evidence its graduates had provided anything other than the “highest quality of medical care.”
The college also maintained that nearly 2,000 of its graduates had previously obtained California nursing licenses without issue.
Patient Safety Concerns Weigh Heavily in Court Decision
Although Acquisto acknowledged the difficulties graduates face in obtaining nursing licenses and beginning work, he determined that the potential consequences of granting the injunction outweighed the harm of denying it.
“The court finds that the interim harm to the public from the requested preliminary injunction being granted would be substantially greater than the interim harm to the interests represented by Nightingale from the requested preliminary injunction being denied. This factor weighs heavily against issuance of the requested preliminary injunction,” Acquisto wrote.
The decision supports the board’s interpretation of California’s clinical education requirements for out-of-state nursing graduates.
However, the decision does not resolve the underlying lawsuit, which remains ongoing.
Nightingale Offers Free Additional Courses to Affected Graduates
In a statement provided to Nurse Approved, Mikhail Shneyder, DNEd(hc), MBA, RN, CEO of Nightingale Education Group, said the college disagrees with the ruling but remains committed to helping graduates move forward.
“We are disappointed and disagree with the court’s decision on the preliminary injunction. This ruling addresses only our request for preliminary relief, and we are continuing to pursue the legal action against the BRN’s unlawful conduct and advocating for California graduates.
“In the meantime, we aren’t asking graduates to simply wait. Nightingale College has begun enrolling affected graduates in additional courses at no cost. These courses are designed to address ‘deficiencies’ identified by the California BRN while the case moves forward. California needs nurses, and we’ll keep working to help graduates move forward and serve their communities.”
The additional coursework could provide an alternative for graduates who might otherwise need to return to school to meet California’s licensing standards.
However, it remains unclear how long the courses will take, whether all affected graduates will need to participate, or whether completing them will satisfy the board’s requirements.
What the Ruling Means for Nursing Graduates
In August, 10News San Diego reported that hundreds of Nightingale graduates could be required to return to school for a semester or longer while the state board evaluated whether the college’s curriculum met California’s licensure standards.
According to 10News San Diego, Nightingale graduate Rachel Baxter reported receiving death threats after speaking publicly about her frustration with being unable to obtain a nursing license.
The California Board of Registered Nursing subsequently warned that individuals making such threats could face consequences that affect their licensure eligibility. Nightingale condemned the threats as “unacceptable at every level.”
The case also raises questions for prospective nursing students considering out-of-state or online programs, particularly whether their education and clinical training will satisfy the licensing requirements in the state where they intend to practice.
For graduates, those requirements can determine whether they can enter the nursing workforce immediately or face additional education and licensing delays.
What’s Next in the Nightingale College Lawsuit?
The lawsuit is scheduled to return to court in February, when a judge will consider the California Board of Registered Nursing’s request to dismiss the case.
Meanwhile, Nightingale’s additional coursework may give affected graduates a way to address the board’s concerns while the legal challenge continues.
Whether those courses will ultimately meet California’s requirements remains unresolved.
For hundreds of Nightingale graduates, the outcome could determine how much additional training they need before they can begin their nursing careers in California.
