Notice of Proposed Rulemaking on Accessibility of Medical Diagnostic Equipment
Medical Diagnostic Equipment
The Department of Justice (DOJ) has published a Notice of Proposed Rulemaking (NPRM) explaining how they propose updating the regulations for Title II of the Americans with Disabilities Act (ADA) to lay out specific requirements for the accessibility of medical diagnostic equipment (MDE).
The NPRM proposes to adopt specific technical standards that state and local governments would have to follow to meet their existing obligations under Title II of the ADA for MDE accessibility. The NPRM asks the public for comments about this proposal.
People with disabilities continue to experience barriers to accessing medical care because of inaccessible MDE. Barriers such as exam tables that are not height adjustable, mammography machines that require a person to stand, and weight scales that do not accommodate wheelchairs result in inequities and exclusion from basic health services for individuals with disabilities, contributing to poor health outcomes. The proposed rule would establish enforceable standards for accessible MDE, a significant and concrete step toward addressing health disparities experienced by people with disabilities.
In 2017, the U.S. Access Board (USAB) issued technical standards on the accessibility of MDE in physicians’ offices, clinics, emergency rooms, hospitals, and other medical settings. This NPRM proposes to make the USAB’s MDE Standards enforceable under the ADA by adopting and incorporating them into the DOJ’s ADA Title II regulation. Specific requirements in this NPRM include:
Require state and local government entities to ensure that their services, programs, and activities that use MDE are accessible to individuals with disabilities.
Establish requirements for newly acquired MDE.
Establish requirements for existing MDE.
Require qualified staff to be able to operate accessible MDE.