State Nursing Licensure Questions About Mental Illness and Compliance With the Americans With Disabilities Act

J Psychosoc Nurs Ment Health Serv. 2019 Aug 1;57(8):17-22. doi: 10.3928/02793695-20190405-02. Epub 2019 Apr 11.

Abstract

The current article describes a review of U.S. states and the District of Columbia boards of nursing pre-licensure applications, which were collected, summarized, and evaluated to assess compliance with the Americans With Disabilities Act (ADA). Less than one half (n = 21) of RN licensing boards do not ask questions about mental illness on pre-licensure applications. Of the 30 boards that ask questions about mental illness, eight focus on current disability, which is legal under the ADA. The remaining 22 boards ask non-ADA-compliant questions by targeting specific diagnoses, focusing on historical data in the absence of current impairment, and/or requiring a prediction of future impairment. Nursing boards are urged to join colleagues in law, psychology, and medicine in using ADA-acceptable applications by eliminating mental health questions or limiting them to current impairment queries. [Journal of Psychosocial Nursing and Mental Health Services, 57(8), 17-22.].

MeSH terms

  • Disclosure*
  • Humans
  • Licensure, Nursing / standards*
  • Mental Disorders*
  • Persons with Disabilities / legislation & jurisprudence*
  • United States