Georgia nurse practitioner sues to stop medical board from rewriting law

Atlanta, Georgia; November 6, 2026: A nurse practitioner filed a lawsuit today challenging the state medical board’s rewriting of a statute to prevent her from operating her own practice. Erin Patel alleges that the Georgia Composite Medical Board unlawfully redefined “employee” to bar nurse practitioners from paying physicians for legally mandated collaboration agreements.

“Georgia requires nurse practitioners to have physician collaboration, but the Board’s interpretation makes paying for that collaboration grounds for rejection,” said Samantha Romero-Drew, an attorney with Pacific Legal Foundation. “Agencies cannot expand their power by rewriting laws enacted by the Georgia Legislature. The Legislature meant to encourage entrepreneurs like Erin. She deserves the freedom to build her business and care for patients without a rogue agency erecting unlawful barriers.”

After four years away from nursing to raise her children, Patel sought to open her own esthetics spa in Smyrna, Georgia. But on May 7, 2026, the Board declared that any compensation makes a collaborating physician the nurse practitioner’s “employee”—a relationship state law prohibits. Under its newly imagined interpretation, the Board denied Patel’s collaborative agreement, ending her dream of starting her own practice.

The lawsuit challenges the Board’s attempt to rewrite statutory language contrary to legislative intent and without the rulemaking process the law requires. A victory would protect Patel and Georgia nurse practitioners while affirming that licensing boards must apply the law as written.

Pacific Legal Foundation represents Patel free of charge. The case is Erin Patel v. State of Georgia.