Justice Department: State nursing board discriminated against nurses being treated for opioid use disorder

The Indiana State Board of Nursing is under fire from the U.S. Justice Department, which found that the board violated the Americans with Disabilities Act by prohibiting nurses who take medication to treat opioid use disorder from participating in a rehab program for nurses with substance abuse disorders.

The Indiana State Nursing Assistance Program assists in rehabilitating and monitoring nurses with substance use disorders and is often required for those nurses to maintain an active license or have one reinstated. According to the Justice Department, an investigation was launched against the nursing board in response to a complaint from a nurse alleging she was denied participation in the program because she takes prescribed medication for OUD.

The investigation corroborated that the nursing board prohibits program participants from using OUD medication and that tapering the nurse off her medication would come with a significant risk of relapse and harm, according to a Friday news release.

A letter of findings is now asking the nursing board to work with the Justice Department to resolve the civil rights violations identified during the course of its investigation.

“Opioid Use Disorder is a difficult disease that impacts people in every occupation,” Zachary A. Myers, U.S. attorney for the Southern District of Indiana, said in the news release. “Patients must not be forced to choose between medically approved treatments and their livelihoods. We will work closely with our partners in the Civil Rights Division to ensure that the Americans with Disabilities Act is appropriately enforced.”

Methadone and buprenorphine, including brand names Subutex and Suboxone, are approved by the Food and Drug Administration to treat OUD. The medications help diminish the effects of physical dependency on opioids, according to the U.S. National Institute on Drug Abuse, and are safe and effective when taken as prescribed.

“Recovery and monitoring programs must allow individuals to use proven medications that support their recovery, including prescribed medications that treat Opioid Use Disorder,” Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division said in a statement. “Refusing to allow individuals to participate in a required support program because of their disabilities violates the ADA and makes it harder for individuals to secure and maintain jobs and livelihoods. Removing discriminatory barriers to employment is an important priority of the Civil Rights Division.”