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Nightingale College sues Georgia Nursing Board over clinical restrictions

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Nightingale College sues Georgia Nursing Board over policies that block out-of-state nursing students from completing clinical placements in Georgia. The lawsuit claims the board’s restrictions unfairly favor in-state programs, limit educational opportunities for students, and violate federal laws protecting interstate commerce and equal protection. Nightingale argues the policy harms both students and Georgia communities by exacerbating the state’s nursing shortage.

The complaint, filed in the U.S. District Court for the Northern District of Georgia, claims the Board enforces a protectionist scheme favoring in-state programs while blocking access for out-of-state students, including Georgia residents enrolled in Nightingale’s programs. Plaintiffs argue this restriction forces students to travel out of state for required clinical training, imposing unnecessary costs and delays, and limiting access to the state’s healthcare system.

Nightingale College, an accredited private institution based in Utah, provides online nursing education paired with in-person clinical training nationwide. The lawsuit states that Georgia residents, like Ms. Thomas, and students wishing to train in Georgia, like Ms. Patchett, are unfairly treated as “second-class students” solely due to the school’s out-of-state status.

The lawsuit cites violations of the Commerce Clause, the Equal Protection Clause, and the federal Sherman Act, alleging that the Board’s policy creates an illegal monopoly for in-state programs and suppresses competition in prelicensure nursing education and clinical training.

Plaintiffs are seeking a declaratory judgment, a permanent injunction against enforcement of the policy, nominal damages, and attorneys’ fees. They argue the policy not only harms out-of-state students and programs but also worsens Georgia’s nursing shortage, particularly in rural and underserved areas.

The case highlights ongoing tensions between state regulatory boards and national nursing education programs, especially amid a nationwide shortage of qualified nurses.

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