Kokomo Tribune; Kokomo, Indiana

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January 8, 2014

ACLU challenges pain medication drug-testing rule

Indianapolis — A lawsuit is challenging a new Indiana rule requiring patients prescribed certain amounts of pain medications to submit to annual drug tests.

The American Civil Liberties Union of Indiana filed the lawsuit Wednesday against the state Medical Licensing Board on behalf of a Hamilton County man who's been prescribed pain medications for more than 18 years for chronic pain from several health problems.

ACLU Legal Director Ken Falk says the rule violates the Fourth Amendment protection against unreasonable government searches.

The lawsuit filed in federal court in Indianapolis seeks a court order prohibiting the Licensing Board from requiring the drug testing in most cases and from requiring patients to sign agreements consenting to testing. It's seeking class-action status.

The Indiana attorney general's office has no immediate comment on the lawsuit.


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