The American Nurses Association (ANA) and national nursing organizations continue to take action to protect nurses’ access to advanced education and the federal student loan support needed to pursue it.
On May 29, 2026, ANA and nine other national nursing organizations filed a lawsuit challenging the Department of Education’s exclusion of advanced nursing degrees from the definition of “professional degree” programs in the final rule implementing federal post-baccalaureate student loan borrowing limits.
On June 2, 2026, ANA filed a motion for a preliminary injunction against the Department of Education to prohibit enforcement of the rule while the case proceeds through the courts. The injunction seeks to provide relief for nurses who could otherwise lose access to higher education due to financial constraints when the rule takes effect on July 1, 2026.
ANA, together with these nursing organizations, is pursuing litigation to defend nurses’ access to adequate federal loan support because the healthcare system depends on a strong, well-prepared nursing workforce.
ANA is also aware of and supports other legal efforts challenging the Department of Education’s rule excluding nursing and other health professions from the professional degree category for determining federal student loan limits. However, ANA and its nursing organization partners filed a separate lawsuit specifically focused on ensuring nursing programs are recognized as professional degree programs.
Legislative action is also underway. On May 7, 2026, the Nursing is a Professional Degree Act was introduced in the U.S. House of Representatives by Representatives Jen Kiggans (R-VA), David Joyce (R-OH), Jack Bergman (R-MI), Brian Fitzpatrick (R-PA), and Don Bacon (R-NE). Senators Jeff Merkley (D-OR), Roger Wicker (R-MS), Cynthia Lummis (R-WY), Lisa Murkowski (R-AK), and Susan Collins (R-ME) introduced identical legislation in the U.S. Senate on May 20, 2026.
The legislation would add post-baccalaureate nursing programs to the federal definition of “professional degree.” ANA fully endorses this legislation. The Nursing is a Professional Degree Act (H.R. 8691/S. 4568) would reverse the Department of Education’s decision to exclude post-baccalaureate nursing programs from the professional degree category and affirm access to adequate federal loans for nurses pursuing advanced education.
Basis for the Lawsuit
ANA’s lawsuit argues that the Department of Education exceeded its legal authority. Congress established a three-part test for determining professional degree programs, but the Department added requirements that are not included in federal law. The lawsuit also contends that the rule applies the Department’s own standards inconsistently.
The Department cited factors beyond the scope of this rulemaking, including outdated regulatory barriers to practice, to justify excluding nursing degree programs. This approach disregards the advanced clinical expertise of post-baccalaureate prepared nurses and fails to account for the negative impact this exclusion could have on the nation’s healthcare workforce.
The Department of Education has stated that the purpose of the new federal graduate loan limits is to control the rising cost of education beyond a bachelor’s degree. However, the limits take effect too quickly for schools to make adjustments that could reduce the impact on students. In addition, the policy is applied unevenly.
The annual borrowing limits are particularly problematic for many advanced nursing students. While some students may remain under the overall lifetime borrowing limits, many nursing programs operate on a three-semester academic calendar rather than a traditional two-semester schedule. As a result, students may reach annual borrowing caps even when their total educational costs remain below lifetime limits.
Ultimately, this issue extends beyond nursing education. It is about access to healthcare in communities across the country. From preparing the next generation of bedside nurses to delivering primary care and critical services in rural and urban communities alike, ensuring that post-baccalaureate nursing education remains affordable and accessible is essential to maintaining patient access to high-quality care.
Take Action
Please contact your U.S. Representative and Wisconsin’s two U.S. Senators to request their support of the Nursing is a Professional Degree Act:
To send a message through ANA’s advocacy campaign, visit:
