West Coast University, Inc. v. Board of Registered Nursing

BACKGROUND

A The Nursing Practice Act (Bus. & Prof. Code, § 2700 et seq.) tasks the Board with approving and overseeing nursing schools in California (id., §§ 2785-2789). Under the

Undesignated regulatory references are to this title.

2 act, the Board is responsible for granting initial approval of nursing programs (id., § 2786, subd. (a)) and granting continuing approval of those programs “that meet the requirements provided by the board” “at such times as the board shall deem necessary” (id., § 2788). The act also gives the Board the authority to “adopt, amend, or repeal, in accordance with the Administrative Procedure Act . . . , the rules and regulations that may be reasonably necessary to enable it to carry into effect” the provisions of the act. (Id., § 2715, subd. (c).) Relying on its rulemaking authority under the act, the Board has adopted various regulations governing approval and oversight of nursing schools. (§ 1420 et seq.) One of the regulations is section 1432. Subdivision (b) of this regulation states: “An approved nursing program shall not make a substantive change without prior board authorization. These changes include: [¶] (1) Change in location. [¶] (2)…