On March 25, 2022, the United States found that the Indiana State Board of Nursing violated Title II of the ADA by prohibiting the use of disability-related medication to treat opioid use disorder (OUD) by nurses enrolled in the Indiana State Nursing Assistance Program. Participation in the program, which assists in the rehabilitation of and monitors nurses recovering from drug or alcohol addiction, is in many cases required for nurses recovering from addiction to maintain, or have reinstated, an active nursing license necessary for employment.
On September 1, 2022, the United States reached an agreement to resolve its findings that the Nursing Board violated Title II of the ADA. The Nursing Board has agreed to permit nurses to participate, on equal terms, in the states’ rehabilitation program while taking medication, including medication to treat OUD, when 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 Board has also agreed to pay damages to the complainant, and to report periodically on its compliance to the United States.