State: Suit Claims Restriction on Noncitizen Nurses Unconstitutional

In the midst of a nationwide nursing shortage that has the health care industry deeply concerned, a nurse of South African citizenship has filed suit after her application for nursing licensure in Louisiana was rejected. Plaintiff Esthee van Staden is authorized to work in the U.S. and already has licensure in the state of Texas since 2007, and graduated in 2006 with high marks from an accredited nursing college in Texas.


The suit, filed in U.S. District Court, Eastern District of Louisiana is against the Louisiana State Board of Practical Nurse Examiners through Eugene St. Martin, M.D. as chairman. Louisiana law says that every applicant for license to practice needs to be a U.S. citizen or have taken out first citizenship papers. Plaintiff van Staden is not yet eligible to take out those papers. The process to do so may take years, according to the complaint. Ms. van Staden says she has all other requirements for licensure.

The complaint claims that the Louisiana statute creates arbitrary discrimination among applicants for licensure based solely on citizenship, violates the Equal Protection Clause, and should be reviewed under strict scrutiny as the statute is not narrowly tailored to serve a legitimate government interest. The complaint also says the statute impedes due process from being able to obtain employment or licensure as a practical nurse.

State: Minnesota AG Sues Clinic for Predatory Lending with Health Credit Cards

Minnesota Attorney General Lori Swanson and the Minnesota Board of Chiropractic Examiners have filed a lawsuit against Minnesota chiropractic clinic Express Health, P.A. and owner Cory Couillard, D.C. AG Swanson announced in a press release that the clinic is accused of enrolling patients for health care credit cards without the patients' permission, and then placing charges of up to $5,040 on the credit cards, also without permission. The lawsuit seeks an injunction, restitution, and civil penalties.

A health care credit card is used by patients to pay for some expenses not covered by insurance. The lawsuit alleges that Express Health and Couillard signed patients up for these credit cards as a means of funding for their chiropractic services. These enrollments jeopardized patients' credit histories and finances and incurred late fees and other consequences. "The clinic engaged in predatory lending, only with health care credit cards instead of subprime mortgages," said Swanson in the press release.

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