The U.S. Access Board (USAB) recently announced a direct final rule related to its standards for accessible medical diagnostic equipment (MDE) covered by Section 510 of the Rehabilitation Act. The MDE Standards, originally published in 2017, established minimum technical criteria to ensure that medical diagnostic equipment, such as examination tables, weight scales, and imaging equipment, used by health care providers is accessible to and usable by individuals with disabilities. The rule is available on the Federal Register.

In January 2017, the USAB issued a final rule establishing accessibility standards for medical diagnostic equipment (MDE Standards). 82 FR 2810 (codified at 36 CFR part 1195). In reality, the 2017 MDE Standards were not “final” at all. The 2017 MDE standards included “sunset provisions” related to the low height specifications for transfer surfaces. Those provisions expired in early 2022, and the direct final rule extends them for an additional three years. This extension will provide the USAB the time to complete necessary research to determine the appropriate, final specification for the low transfer height position.

The 2017 MDE Standards set forth minimum technical criteria to ensure that medical diagnostic equipment used by health care providers (such as examination tables, weight scales, and imaging equipment) is accessible to, and usable by, individuals with disabilities. One of the areas covered by these Standards is the adjustability of transfer surfaces for certain types of medical diagnostic equipment. Specifically, for diagnostic equipment used by patients in a supine, prone, side-lying, or seated position, the MDE Standards specify the following adjustability requirements for transfer-height positions: A high height of 25 inches, a low height of 17-19 inches, and four unspecified intermediate heights between the high and low transfer height, which are separated by a minimum of one inch. 36 CFR part 1195, appendix, sections M301.2.1 & M302.2.2.

These MDE Standards contain scoping and technical requirements for medical diagnostic equipment (MDE) to ensure accessibility to, and usability of the MDE by patients with disabilities. The MDE Standards provide for independent access to, and use of, diagnostic equipment by patients with disabilities to the maximum extent possible.

Sections M301 through M304 shall be applied to diagnostic equipment, based on the patient positions that the equipment supports, during patient transfer and diagnostic use. Sections M306 and M307 shall be applied to diagnostic equipment where communication features or operable parts are provided for patient use.

SUMMARY: This direct final rule by the USAB extends the current rules for another 3 years. While these MDE rules are available to assist with accessibility for MDE, the rules are not yet part of the Americans with Disabilities Act (ADA), and are thus not enforceable.

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If you observe a building that is not ADA compliant and you would like to know how to proceed, please see the link at What To Do When A Building Is Not ADA Compliant or Accessible.

ADA Inspections Nationwide, LLC, offers ADA/ABA/FHA accessibility compliance inspections for buildings and facilities, as applicable to the different laws, and expert witness services with respect to ADA/ABA/FHA laws for building owners, tenants and managers. Also, ADAIN offers consulting for home modifications as a CAPS consultant for people wishing to age in place in their homes. For a complete list of services please see ADAIN Services.

Thank you.