The Indiana State Board of Nursing violated the Americans with Disabilities Act by prohibiting nurses who take medication such as methadone to treat opioid use disorder from participating in the Indiana State Nursing Assistance Program, the U.S. Department of Justice announced Friday.
The assistance program assists in rehabilitating and monitoring nurses with substance use disorders and is often required for these nurses to maintain an active license or have one reinstated. The DOJ’s letter of findings asks the Nursing Board to work with the Justice Department to resolve the civil rights violations identified during the course of its investigation.
The nursing board did not immediately respond to the findings.
The Justice Department opened an investigation in response to a complaint from a nurse alleging that she was denied participation in the State Nursing Assistance Program because she takes prescribed medication for opioid use disorder. The investigation corroborated that the nursing board prohibits program participants from using opioid use disorder medication and that tapering the nurse off her medication would come with a significant risk of relapse and harm.
“Opioid use disorder is a difficult disease that impacts people in every occupation. Patients must not be forced to choose between medically approved treatments and their livelihoods,” said U.S. Attorney Zachary A. Myers for the Southern District of Indiana. “We will work closely with our partners in the Civil Rights Division to ensure that the Americans with Disabilities Act is appropriately enforced.”
“Recovery and monitoring programs must allow individuals to use proven medications that support their recovery, including prescribed medications that treat Opioid Use Disorder,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division.
Methadone and buprenorphine (including brand names Subutex and Suboxone) are approved by the Food and Drug Administration to treat OUD. According to the U.S. National Institute on Drug Abuse (NIDA), methadone and buprenorphine help diminish the effects of physical dependency on opioids. When taken as prescribed, these medications are safe and effective, the DOJ said.
