Indiana nursing board, Justice Department settle discrimination case against nurses being treated for opioid use disorder

The Indiana State Board of Nursing has reached a settlement with the U.S. Justice Department to resolve claims that the nursing 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.

Under the terms of the settlement agreement announced Sept. 1, nurses may remain on their OUD medication while participating in the Indiana State Nursing Assistance Program, so long as the medication is prescribed by a licensed practitioner as part of a medically necessary treatment plan and incorporated into a recovery monitoring agreement. The nursing assistance program is designed to assist in rehabilitating and monitoring nurses with substance use disorders and is often required for participating nurses to maintain an active license or have one reinstated.

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.

The nursing board came under fire earlier this year after a nurse alleged she was denied participation in the program because she takes prescribed OUD medication. In March, the nursing board was notified in a letter of findings that it needed to work with the Justice Department to resolve the civil rights violations identified during the course of its investigation.

“Indiana may not deny individuals life-saving medications, including medications that treat opioid use disorder, based on stereotypes and misinformation,” Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division said in a news release announcing the settlement. “Requiring nurses to stop taking prescribed medication as a condition of maintaining a nursing license violates the ADA, and not only creates barriers to recovery, but inappropriately limits employment opportunities based on disability.”

Under the agreement, the nursing board also will revise its written polices to ensure that nurses taking prescribed medications for OUD are not subjected to discriminatory conditions or terms. Additionally, it will also pay $70,000 in damages to the complainant and report periodically on its compliance to the United States.

The case was handled jointly by the U.S. Attorney’s Office for the Southern District of Indiana and the Disability Rights Section of the DOJ’s Civil Rights Division.

“The opioid epidemic has greatly impacted professionals and families of all walks of life, and Indiana nurses have the right to seek medically approved treatment for opioid use disorder under federal law,” Indiana Southern District U.S. Attorney Zachary A. Myers said in the news release. “Following the Justice Department’s findings and the parties’ settlement agreement, Indiana must now enact policies to ensure that Hoosier nurses will not be forced to choose between their recovery and their livelihoods.”