Excelsior College v. Board of Registered Nursing

Plaintiff Excelsior College, a New York-based distance learning nursing program, sought writs of mandate, as well as declaratory and injunctive relief, in response to decisions of the California Board of Registered Nursing (Board) altering the Board’s interpretation and application of Business and Professions Code section 2736. Previously, the Board recognized Excelsior’s program as equivalent to the minimum requirements of accredited programs in California, thus enabling Excelsior graduates to apply for licensure in California. The Board, however, recently concluded it has no authority to evaluate out-of-state programs prospectively—that is, before a nursing program graduate applies for licensure. Excelsior seeks to invalidate the Board’s interpretation of section 2736 and compel the Board to continue accepting the Excelsior program as equivalent to California’s minimum requirements. The trial court sustained the Board’s demurrer to Excelsior’s petition for writs of mandate and causes of action for declaratory and injunctive relief.

On appeal, Excelsior alleges multiple errors in the trial court’s ruling, but the arguments revolve around whether section 2736 requires…