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ACLU Challenging Drug Test Ruling

Last updated on Thursday, January 9, 2014

(UNDATED) - The ACLU is challenging Indiana’s new rule that requires annual drug tests for patients who are prescribed certain pain medications.

The rule was adopted by the state Medical Licensing Board last month based on a law passed by the legislature last year that's designed to cut down on illegal pain medicine prescriptions.

The federal lawsuit was filed in Indianapolis on behalf of a man from Hamilton County who has been prescribed pain medications for at least 18 years, but Ken Falk, Legal Director for the ACLU of Indiana says the suit was brought as a class action. He says they have heard from a lot of people, and they expect discovery to show that there are thousands who would be affected by this regulation.

The lawsuit seeks a court order prohibiting the Medical Licensing Board from requiring the drug testing when that testing is not medically indicated and from requiring that patients sign a treatment agreement consenting to the testing.

Attorney General Greg Zoeller's Office will defend the state. A statement from the office says the rule was created within state law and came after a full public hearing and comment period.

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