ADA Protects Professionals Using MAT to Treat Substance Use Disorder and Get Back to Work
Almost every state’s professional licensing boards offer assistance programs to help those with substance use disorders continue to work while also protecting the public. Boards often require professionals facing license discipline to complete these programs, which usually require substance use abstinence. But under the Americans with Disabilities Act, professionals on medication-assisted treatment (MAT) may be able to join these programs and return to work.
The most recent statistics show that in the U.S., more than 100,000 people per year die from drug overdoses. Those deaths are largely driven by the opioid epidemic. Evidence shows the best treatment for opioid use disorder includes MAT. Methadone and buprenorphine are FDA approved to treat opioid use disorder and help lessen the effects of physical dependency on opioids.
The Substance Abuse and Mental Health Services Administration determined these medications “let[] people better manage other aspects of their life, such as parenting, attending school or working.” It also warned that “patients who discontinue [] medication generally return to illicit opioid use.” Despite this, many assistance programs ban participants from using these drugs. In March, the Department of Justice found that the Indiana Board of Nursing’s policy barring the use of these drugs in its assistance program violated Title II of the ADA. The DOJ required the board to:
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- Remove the ban on participants using methadone and buprenorphine
- Provide training so staff understood they could not discriminate against professionals with opioid use disorder
- Pay compensation to the excluded individuals
This ruling will help more professionals find successful treatments for opioid use disorder and get back to practicing their profession. For more information about professional license discipline related to substance use disorder, contact Andrew Coffman or any member of Phelps’ Health Care practice.
