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Expert: courts must treat opioid use disorder as a possible ADA disability
Summary
Professor Bruce Adelson told New Mexico Courts that opioid use disorder (OUD) can be an ADA-protected disability, summarized recent settlements and litigation (including a West Virginia Suboxone settlement and a DOJ settlement involving the Tennessee Board of Law Examiners) and cautioned against blanket exclusions for people using MOUD.
At the New Mexico Courts ADA midyear webinar, Professor Bruce Adelson said opioid use disorder (OUD) often meets the ADA’s definition of disability when it substantially limits major life activities and warned courts and agencies against blanket exclusions of people who are in treatment.
Adelson pointed to recent matters to explain enforcement risk. He described a West…
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