FAQs
Child Welfare or Family Court Systems
Q: May judges, prosecuting attorneys, and others in the child welfare system require parents to end their participation in MAT in order to get their children back or to keep their children?
A: No. Courts and other government agencies may not single out people in MAT and require them to stop taking legally prescribed medications. Such a requirement would be no different than telling an insulin-dependent, diabetic parent that she may not have her children back unless she stops taking insulin and addresses her diabetes through nutrition and exercise alone. Courts may, however, require people in MAT to comply with treatment requirements.
Probation and Parole
Q: May a probation or parole officer or court require individuals to end their participation in MAT as a condition of their compliance with parole or probation?
A: No. As in the child welfare system, probationers and parolees in MAT may not be singled out for different treatment solely because of their participation in MAT.
Driver’s License
Q: May a department of motor vehicles require an individual charged with DUI to end his participation in MAT in order to get his license reinstated?
A: No. Requiring an individual to end his participation in MAT – and perhaps to attend a drug treatment program that does not use medication – violates Federal anti-discrimination laws. Note, however, that Federal regulations pertaining to the issuance of commercial drivers licenses do disqualify individuals in MAT. Though these rules might appear to conflict with Federal anti-discrimination laws, they are enforceable because of the rules concerning conflicting Federal laws. Despite the protections outlined above, some government entities do discriminate. For information about what to do when faced with such discrimination in the child welfare and criminal justice systems, read the brochure, Educating Courts and Other Government Agencies About Methadone, written by the Legal Action Center and available on the Legal Action Center’s Web site, http://lac.org/index.php/lac/130 Commercial Drivers Licenses. Regulations implemented by the Federal Highway Administration of the United States Department of Transportation (DOT) disqualify individuals from receiving an interstate commercial driver’s license if they are taking methadone. Consequently, it is not illegal discrimination for DOT to deny an interstate commercial driver’s license to someone because of their participation in MAT. The regulations do not address buprenorphine. Commercial driver’s licenses for intrastate (within one State) driving are determined by State laws, which may vary.