Thursday, November 3, 2011

Access Board: Thier Roll in Access to Medical Diagnostic Equipment

I have had some questions on the Access Board, and how they work regarding access to medical diagnostic equipment.  They start with meetings.
  • The purpose of the meetings is to gather information form stakeholders, including consumers, equipment manufacturers, the health care industry, government agencies, and others with an interest in the new standards.  The first meeting will begin with presentations by the Board on the rule making process, the regulatory steps involved, and a proposed timetable for completing the standards.  The agenda will include panel discussion on various topics and opportunities for public comment.  Subjects to be discussed and explored include the range of equipment to be addressed, access barriers to equipment, design challenges, key issues, reference standards, and other topics encompassed by this rule making.
They will then publish in the Federal Register a proposed guideline for comment.  The comments will all be evaluated and some changes made.  There then is a Final Rule.  That Final Rule will be sent to the Office of Management and Budget (OMB) for their review.  With OMB approval, it will be printed in the Federal Register with an effective date of 60 days later.
  • The Department of Justice (DOJ), which regulates and enforces key provisions of the Americans with Disabilities Act (ADA), recently issued new technical guidance on accessible medical care.  Access for people with disabilities to medical care has been problematic and the subject of DOJ compliance investigations.  The 19-page guide, "Access to Medical Care for Individuals with Mobility Disabilities," outlines requirements and best practices for achieving access and covers exam rooms, including entry and circulation, exam tables and chairs, radiological and mammography equipment, scales, available lift devices, transfer techniques, staff training, and common questions.  The document is available on DOJ's ADA website at www.ada.gov.
The DOJ will see litigation in their enforcement roll pertaining to the ADA and will issue opinion letters to help the public understand ADA.  In the opinion of ACCESS, these opinion letters are really for the Federal Judges who rule on the ADA matters.  The DOJ wants to be sure the Federal Judges do not wander off the reservation and rule, which might be the DOJ's thinking.

Give us your questions or thoughts on the above article.  You can post them here or on our FaceBook page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730.  You can also reach us at hfalstad@accessts.net or call us at (702) 649-7575.  We look forward to hearing from you.

Hank


The above are opinions of Hank Falstad, AIA, Managing Senior Associate of Access Technologies Services, Inc. (ACCESS).  See our web site for additional information:  www.accessts.net.

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