The Indiana State Board of Nursing’s Response to the DOJ’s Findings Her treatment experience and needs align with medical research …. On the contrary, was prescribed buprenorphine because she had struggled to remain sober without the assistance of OUD medication. ISNAP’s policy requiring to stop using buprenorphine is not necessary to ensure that she achieve rehabilitation and monitoring for the illegal use of opioids. The DOJ concluded the “prohibition on ISNAP participants’ use of OUD medication … penalized for her disability and was not justified by any individualized medical assessment.” (Emphasis added.) The DOJ also determined: The DOJ reviewed and discussed substantial medical research regarding medications used to treat OUD and noted that tapering off such medications works for some persons, but not others. Thus, the DOJ found she was a qualified individual with a disability. When the nurse applied to participate in ISNAP, she had been rehabilitated successfully and she no longer illegally used drugs. The DOJ first addressed whether the nurse was a qualified individual with a disability under the ADA, which does not protect current illegal drug users. As a result, the nurse did not enroll in ISNAP.
Notwithstanding her doctor’s recommendation, and other medical authority, the Indiana State Board of Nursing informed the nurse that she would have to taper off buprenorphine within three months after enrolling in ISNAP. Department of Health and Human Services’ Substance Abuse and Mental Health Services Administration, which has cautioned that “patients who discontinue OUD medication generally return to illicit opioid use.” Her physician’s conclusion was consistent with advice from the U.S. The nurse’s doctor determined the nurse should not taper off buprenorphine, believing if she stopped, there was a significant risk of relapse. The nurse described the medication as “lifesaving, allowing her to function completely normally, be a good mother …, and feel whole again.” But the ISNAP was “an abstinence based program,” and to participate, nurses were required to taper off any medicine used for OUD. To treat her OUD, the nurse’s doctor had prescribed buprenorphine, which helped diminish the effects of physical dependency on opioids.
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ISNAP rehabilitates and monitors nurses with drug or alcohol addiction, and participation in the program is typically required to maintain or reinstate an active nursing license necessary for employment.
Department of Justice (DOJ) found the Indiana State Board of Nursing violated Title II of the Americans with Disabilities Act (ADA) when it refused to allow a nurse taking medicine prescribed to treat opioid use disorder (OUD) from participating in the Indiana State Nursing Assistance Program (ISNAP).
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DOJ Emphasizes Need for Individualized Assessments in Finding Indiana Nursing Board Violated ADA
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