Hold licensing boards accountable for ADA violations
Recommendation
Using its authorities under the Americans with Disabilities Act (ADA), the Department of Justice (DOJ) should issue guidance regarding the collection of mental health and substance use history by state medical and other licensing boards. The Department should investigate any ADA violations regarding the inappropriate collection of this information from healthcare professionals.[1][2]
Background/summary
The ADA protects individuals with disabilities, including mental health and substance use disorders (MH/SUDs), from discrimination.[3] Title II of the ADA applies to state and local government entities–including state licensing boards– and prohibits discrimination against individuals with disabilities in services, programs, and activities provided by those entities.[4] In a letter to the DOJ, Senators Wyden, Merkley, and Booker note an estimated two-thirds of state medical boards violate Title II of the ADA with personal, taxing, and unnecessarily broad questions about doctors’ MH/SUD history beyond what is necessary to fulfill the purpose of screening physicians for issues that may affect their ability to practice medicine[1][2][5][6][7][8][9][10] and may prevent physicians from seeking necessary mental health treatment.[1][2] Therefore, DOJ should issue guidance – and, if necessary, Congress should require the DOJ to do so – to protect healthcare professionals health privacy and hold state licensing boards accountable for ADA violations.
citations
1. “Sen. Wyden, Sen. Booker, and Sen. Merkley Urge DOJ to Protect Physician Health Privacy and Hold State Medical Boards Accountable for Violations of the American Disabilities Act.” Senator Ron Wyden. Last Updated February 23, 2023.
2. “Sen. Wyden, Sen. Booker, and Sen. Merkley Congressional Letter to Department of Justice.” Senator Ron Wyden. Last Updated February 23, 2023.
3. U.S. Department of Justice, Civil Rights Division. Introduction to the Americans with Disabilities Act. Last Accessed July 31, 2023.
4. U.S. Department of Justice, Civil Rights Division. Americans with Disabilities Act Title II Regulations. Last Accessed July 31, 2023.
5. Firth, Shannon. Docs’ Mental Health: Do State Boards Have a Right to Ask? MedPage Today. Last Updated July 19, 2018.
6. Firth, Shannon. Do Docs Deserve Mental Health Privacy? MedPage Today. Last Updated July 12, 2018.
7. American Medical Association, Council on Medical Education. Mental Health Disclosures on Physician Licensing Applications. CME Report 6-A-18. Last Accessed July 31, 2023.
8. James T.R. Jones, North, Carol S., Vogel-Scibilia, Suzanne, Myers, Michael F., and Owen, Richard R. 2018. Medical Licensure Questions About Mental Illness and Compliance with the American With Disabilities Act. The Journal of the American Academy of Psychiatry and the Law 46(4). Last Accessed July 31, 2023.
9. Robin Schroeder, Brazeau, Chantal M.L.R., Zackin, Freda, Rovi, Sue, Dickey, John, Johnson, Mark S., and Keller, Steven E. 2009. Do State Medical Board Applications Violate the Americans with Disabilities Act? Academic Medicine 84(6). Last Accessed July 31, 2023.
10. Thomas E. Hansen, Goetz, Rupert R., Bloom, Joseph D., and Fenn, Darien S. 2006. Changes in Questions About Psychiatric Illness Asked on Medical Licensure Applications Between 1993 and 1996. American Psychiatric Association, Psychiatric Services 49(2). Last Accessed July 31, 2023.