Online nursing school challenges state barriers to clinical training
February 12, 2026
Washington, DC; February 12, 2026: Two nursing students and their college filed federal lawsuits today challenging Georgia and Montana policies that prevent qualified online nursing students from obtaining required in-person clinical placements—effectively shutting them out of the profession.
Plaintiffs Carolyn Patchett and Tioney Thomas, along with Nightingale College, argue that the states’ restrictions serve no legitimate public health purpose and instead create unconstitutional barriers that protect in-state programs from competition.
At a time when hospitals and clinics across the country are struggling with severe nursing shortages, Georgia and Montana are blocking students from completing the hands-on clinical rotations required for licensure—solely because their nursing school is based in another state.
“With hospitals and clinics desperate for more nurses, these states are slamming the door on qualified students ready to serve,” said Caleb Trotter, a senior attorney with Pacific Legal Foundation. “There is no health or safety justification for preventing nursing students from completing supervised clinical training simply because their school is located elsewhere. The Constitution does not allow states to wall off their markets to protect favored local institutions.”
Nightingale College, headquartered in Salt Lake City, Utah, is an accredited private nursing school that provides distance-learning coursework with in-person clinical training arranged locally for students. This model expands access to nursing education, lowers costs, and allows students—many of whom are working adults—to remain in their communities while pursuing their degrees.
The lawsuits argue that these protectionist policies violate the Constitution’s Dormant Commerce Clause by discriminating against out-of-state educational institutions. They also violate the Equal Protection Clause because they lack any rational connection to public health and safety.
Pacific Legal Foundation represents Nightingale and its students free of charge. The cases are Nightingale College v. Tanner and Nightingale College v. Spangler.
About Pacific Legal Foundation
Pacific Legal Foundation is a national nonprofit law firm that defends Americans threatened by government overreach and abuse. Since our founding in 1973, we challenge the government when it violates individual liberty and constitutional rights. With active cases in 34 states plus Washington, D.C., PLF represents clients in state and federal courts, with 18 wins of 20 cases litigated at the U.S. Supreme Court.