U.S. Access Board Issues Final Rule Setting Low Transfer Height for Certain Medical Diagnostic Equipment

On July 25, the U.S. Access board issued a final rule specifying a low transfer height of 17 inches for medical diagnostic equipment (MDE) used in the supine, prone, side-lying, and the seated position. related to the low height specifications for transfer surfaces. The rule removes the sunset provisions in the Board's existing 2017 accessibility standards for MDE, which allowed for a low transfer height of between 17 and 19 inches. The final rule, which amends 36 CFR part 1195, is effective September 23, 2024.

"The Access Board is proud to issue these guidelines as a positive step toward equal access to healthcare for people with disabilities in America," remarked Executive Director Sachin Pavithran. "Technical guidance on transfer heights of medical diagnostic equipment is crucial to ensure people with disabilities have timely and equitable access to diagnostic testing, exams, and critical medical services."

The Access Board's minimum technical criteria do not impose any mandatory requirements on health care providers or medical device manufacturers. Agencies or entities may issue regulations or adopt policies requiring health care providers to acquire accessible medical diagnostic equipment that complies with the technical criteria set forth by the Access Board.

Section 510 of the Rehabilitation Act charges the Access Board with developing and maintaining minimum technical criteria to ensure that "medical diagnostic equipment used in or in conjunction with physician's offices, dental offices, clinics, emergency rooms, hospitals, and other medical settings, is accessible to, and usable by, individuals with accessibility needs, and shall allow independent entry to, use of, and exit from the equipment by such individuals to the maximum extent possible." This final rule addresses the minimum technical criteria for MDE.

Visit our MDE landing page to learn more about the background of this final rule.

On May 1, 2024, the Department of Health and Human Services (HHS) adopted the Access Board's technical standards for MDE with a low transfer height of 17 to 19 inches as part of its recent final rule under Section 504 of the Rehabilitation Act, indicating that it will consider future rulemaking to adopt the 17-inch transfer height following the Access Board's issuance of a final rule. The Department of Justice also announced today that it will shortly publish in the Federal Register a rule under Title II of the ADA that establishes standards for MDE used by state and local government entities.

In September 2024, the Access Board will host a training on the MDE final rule. Training details will be made available in advance and posted to our website. Additional technical assistance resources on the MDE final rule are in development.

The Access Board provides free technical assistance on its accessibility guidelines and standards through its helpline at 1-202-272-0080, extension 3, from 10:00 a.m. to 5:00 p.m. (ET) weekdays. For technical assistance specifically on the accessibility of medical diagnostic equipment, please email [email protected].