1 DOJ 2010 ADA Regulations Implementing Title II and Title III Utah AHEAD December 3, 2010.

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DOJ 2010 ADA Regulations

Implementing Title II and Title III

Utah AHEAD December 3, 2010

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These materials are provided for informational purposes only and are not to be construed as legal advice. You should seek independent counsel to resolve the individualized legal issues that you are responsible to address.

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Objectives Understand the Requirements for

Compliance with: 2010 Title II regulation, 28 C.F.R. Part 35

2010 Title III regulation, 28 C.F.R. Part 36 Be aware 2010 ADA Accessible Design

Standardswww.ada.gov/regs2010/ADAregs2010.htm

Consider Methods for Compliance

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New Regulations

Clarify Issues encountered in enforcing the ADA since 1991

Address New Elements/Applications

Adopt the Access Board’s 2004 Accessibility Guidelines as the 2010 Enforceable Standards

Set Dates for Compliance

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Compliance by March 15, 2011

Ticketing Service Animals Use of Wheelchairs and Power Driven

Mobility Devices Effective Communication Auxiliary Aids and Services Examinations and Courses

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Compliance by March 15, 2012

New Construction and Alterations

All new standards must be addressed by March 15, 2012 (pools, play areas, fishing piers, residential facilities) because there were previously no standards.

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Housing at Places of Education

Housing operated by or on behalf (includes Greek)

Undergraduate (occupied school year only) follow transient lodging standards

Graduate follow residential standards (5% mobility 2% communication)

Distinct Purpose Dorms must be scoped individually When changing residential use, new

scoping automatically applies (athletes etc)

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Safe Harbor Inapplicable To:

Elements that were not covered by 1991 or UFAS. Residential facilities Amusement rides (§§234

and 1002) Recreation boating

facilities (§§206, 235, 1003) Exercise machines and

equipment (§§236 and 1004)

Fishing piers and platforms (§§206, 237, 1005)

Golf facilities (§§206,238, 1006)

Miniature golf courses (§§206, 239, 1007)

Play areas (§§206, 240, 1008)

Saunas and steam rooms (§§241, 304, 612, 903)

Swimming pools, wading pools and spas (§§242 and 1009)

Shooting facilities with firing positions (§§243 and 1010)

Misc. (§§206.2, 206.7, 221.2)

Team player seating Accessible route to

bowling lanes Accessible route in

court sports facilities

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Continuing Duties of a Covered Entity

Complete a Self Evaluation by 1-26-93

Prepare a Transition Plan for structural renovations by 1-26-95 Designate an ADA Coordinator

Adopt a Grievance/Complaint Procedure

Post Notice of the Coordinator and Grievance Policy

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Continuing Duties of a Covered Entity (cont.)

Determine Eligibility Criteria for Disability Services and Accommodations

Provide Accommodations Train Faculty and Staff regarding ADA

Requirements Review Contracts and Lease Agreements

for ADA Compliance Ensure Publications and

Announcements Contain Accommodation Contact Information

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Covered Services Programs and Activities Course Materials / Websites Testing Physical Access to Facilities Emergency Preparedness Food Services Housing / Parking Community Events / Entertainment (plays,

concerts, athletics) Voting

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Qualified Individual

Meets the Eligibility Requirements for a Program Service or Activity With or Without Reasonable Modifications such as: Barrier removal Auxiliary Aids Program Modifications

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Aggrieved Parties May

Utilize the entities’ grievance procedure

File a federal administrative complaint within 180 days of the alleged violation with the appropriate federal agency or the DOJ

File a lawsuit

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Enforcement

Investigation by designated agency or DOJ

Compliance review Agency referral to DOJ or Withholding funds DOJ litigation Suits by individuals

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Event Ticketing Title II 28 CFR 35.138 Title III

28 CFR 36.302(f) Sales: Equal opportunity to the

purchase accessible seating during: Same hours available to all Same stages: pre-sales, general sales,

promotions, lotteries, wait lists etc. Same distribution Same types and numbers Same terms and conditions

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Accessible Features

Identify and Describe Features of All Accessible Seating in enough detail to reasonably permit an individual with a disability to assess independently whether a given accessible seating location meets his or her accessibility needs.

Provide maps, plans, brochures, pricing charts, text or visual representation with the same text or visual representations as other seats.

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Ticket Prices

Ticket Prices: Price Accessible Seats as Other Seats for single events or series of events for all price levels.

If tickets for accessible seating at a particular price level are not available because of inaccessible features, then the percentage of tickets for accessible seating that should have been available at that price level (determined by the ratio of the total number of tickets at that price level to the total number of tickets in the assembly area) shall be offered for purchase, at that price level, in a nearby or similar accessible location.

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Ticket Pricing Example

Two Seating Areas (3000 Total Seats)Floor 2,700 Seats ($100) = Has 20 Accessible

SeatsBalcony 300 ($50) = Has no wheelchair or

companion seats 3000 Total Seats ÷ 300 Upper Seats = 10% To get the additional 10% needed at a

lower price on the floor, 2 of the 20 $100 seats must be priced at $50

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Multiple Tickets/Contiguous Seats

For each ticket for a wheelchair space purchased by an individual with a disability a public entity shall make available for purchase three additional tickets for seats in the same row that are contiguous with the wheelchair space unless all ticket sales limited to a fewer number.

If there are Insufficient Number of Seats a public entity shall offer the next highest number of such seat tickets available for purchase and shall make up the difference by offering tickets for sale for seats that are as close as possible to the accessible seats.

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Hold and Release: Unsold Accessible Seats May be released

when: (i) All non-accessible tickets (excluding luxury

boxes, club boxes, or suites) have been sold;(ii) All non-accessible tickets in a designated

seating area have been sold and the tickets for accessible seating are being released in the same designated area; or

(iii) When all non-accessible tickets in a designated price category have been sold and the tickets for accessible seating are being released within the same designated price category.

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Ticket Transfer

Persons with Accessible Seats May Resell their Tickets to Non-Disabled shall be permitted to transfer tickets to third parties under the same terms and conditions and to the same extent as other spectators holding the same type of tickets, whether they are for a single event or series of events.

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Secondary Ticket Market

An entity must modify its policies, practices, or procedures to ensure that an individual with a disability may use a ticket acquired in the secondary ticket market under the same terms and conditions.

If Non Accessible tickets are Purchased on the Secondary Market- The Venue Must Exchange the Non Accessible Seat for Accessible Seating in a comparable location if accessible seating is vacant at the time the individual presents the ticket to the public entity.

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Ticket Purchase Fraud An Entity: May NOT request proof of disability for

example, a doctor’s note, before selling tickets for accessible seating.

May only ask if ticket is for a person with a disability.

A public entity may investigate the potential misuse of accessible seating where there is good cause to believe that such seating has been purchased fraudulently.

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Permissible Inquiries Single event tickets – May ask if the purchaser “has a mobility disability or disability that requires the use of the accessible features provided in the accessible seating or if they are purchasing for someone who has a mobility disability or disability that requires the use of the accessible features provided in the accessible seating.”

Series of Events/Subscription – May ask purchaser of accessible seating to attest in writing to the above.

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Accessible Seat Features

Clear floor space Dimensions Space is at grade Accessible Approach

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Individuals Requesting Accessible Features

Include those with: Mobility impairments Large service animals Circulation problems Respiratory problems

There must be a relationship between the request for the space and the individual’s disability

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Service Animals Definition: “any dog that is individually trained to

do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.

Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition.” §35.104

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Miniature Horses

A public entity shall make reasonable modifications in policies, practices, or procedures to permit the use of a miniature horse by an individual with a disability if the miniature horse has been individually trained to do work or perform tasks for the benefit of the individual with a disability.

May Consider the Type, Size and Weight and the Specific Needs of the Facility and;

Whether the facility can accommodate these features.

Must be housebroken and in sufficient control. Title II §35.136 Title III §36.302(c)(3)

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Service Animal Access

Individuals with disabilities shall be permitted to be accompanied by their service animals in all areas of a public entity’s facilities where members of the public, participants in services, programs or activities, or invitees, as relevant, are allowed to go.

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Service Animal Control A service animal shall be under the control of

its handler. A service animal shall have a harness, leash, or

other tether, unless either the handler is unable because of a disability to use a harness, leash, or other tether, or the use of a harness, leash, or other tether would interfere with the service animal’s safe, effective performance of work or tasks, in which case the service animal must be otherwise under the handler’s control (e.g., voice control, signals, or other effective means).

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Service Animal Conduct

A public entity may ask an individual with a disability to remove a service animal from the premises if—the animal is out of control; andthe animal’s handler does not take

effective action to control it; orthe animal is not housebroken.

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Exclusion of Service Animal

If a public entity properly excludes a service animal, it shall give the individual with a disability the opportunity to participate in the service, program, or activity without having the service animal on the premises.

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Service Animal Surcharges/Damages

A public entity shall not ask or require an individual with a disability to pay a surcharge, even if people accompanied by pets are required to pay fees, or to comply with other requirements generally not applicable to people without pets.

If a public entity normally charges individuals for the damage they cause, an individual with a disability may be charged for damage caused by his or her service animal.

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Permissible Inquiries

If the Impairment is NOT Obvious Two Questions are Permitted: Is the animal needed for a

disability and; What task(s) the animal has

been trained to Perform. An entity Cannot ask them to

demonstrate the task.

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Impermissible Inquiries An entity may not: Make inquiries when it is apparent

the animal is a service animal; Ask for ANY kind of documentation

including certification, training or licensing;

Inquire about the nature of the individual’s disability;

Require special ID cards for the animal.

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What is a Task?

Navigation for the Blind or those with Low Vision

Alerting the Deaf or Hard of Hearing

Pulling a Wheelchair Providing Non-Violent

Protection or Rescue Work (alerts to presence of another at ATM)

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What is a Task? (cont.)

Assisting During a Seizure Alerting to the Presence of Allergens Retrieving Items Providing Stability or Support for

Mobility Psychiatric Service Animal: Helps

persons with Psychiatric and Neurological Disabilities by Interrupting Impulsive or Destructive Behavior

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What is Training?

Service Animals are Individually Trained to Perform Tasks for People with Disabilities

Animal may be Self Trained

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Service Animals: Special Issues

Businesses that sell or prepare food must allow Service Animals in public areas even if state or local health codes prohibit animals on the premises.

Allergies are typically not a reason to exclude service animals.

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Service Animal Care and Supervision

A public entity is not responsible for the care or supervision of a service animal or Provide a Special Location for it to Relieve Itself.

An entity may want to consider:designated area where the student can tend to

the service animal’s basic daily needs, e.g., eating or bodily functions;

Allowing student periodic breaks so the student can care for the service animal’s basic daily needs. 

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Emotional Support / Comfort Animals

Animals that are for Comfort or Emotional Support are Not Service Animals

However: FHA Recognizes them (HUD also) State or Local Law may recognize them

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Wheelchairs and Mobility Devices

A public entity shall permit individuals with mobility disabilities to use wheelchairs and manually-powered mobility aids, such as walkers, crutches, canes, braces, or other similar devices designed for use by individuals with mobility disabilities, in any areas open to pedestrian use.

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Definition of Wheelchair

A manually-operated or power-driven device designed primarily for use by an individual with a mobility disability for the main purpose of indoor or of both indoor and outdoor locomotion.

Includes mobility scooters No size or weight maximum

§35.104 and §36.104

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Other Power-Driven Mobility Device (OPDMD)

Any mobility device powered by batteries, fuel, or other engines—whether or not designed primarily for use by individuals with mobility disabilities—that is used by individuals with mobility disabilities for the purpose of locomotion, including golf cars, electronic personal assistance mobility devices (EPAMDs), such as the Segway® PT, or any mobility device designed to operate in areas without defined pedestrian routes, but that is not a wheelchair within the meaning of this section. §35.104 and §36.104

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Assurances A public entity may ask a person using

an other power-driven mobility device to provide a credible assurance that the mobility device is required because of the person’s disability.

May Not inquire about the person’s Disability.

A public entity shall accept the presentation of a valid, State-issued, disability parking placard or card, or other State-issued proof of disability as a credible assurance that the use of the other power-driven mobility device is for the individual’s mobility disability.

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Assurances (cont.) A ‘‘valid’’ disability placard or card is one that is

presented by the individual to whom it was issued and is otherwise in compliance with the State of issuance’s requirements for disability placards or cards.

In lieu of a valid, State-issued disability parking placard or card, or State-issued proof of disability, a public entity shall accept as a credible assurance a verbal representation, not contradicted by observable fact, that the other power-driven mobility device is being used for a mobility disability.

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OPDMD Legitimate Safety Requirements

An entity may consider: Type, Size, Weight and Dimensions

Compared to Wheelchairs Facility volume of Pedestrian Traffic Facility Dimensions Legitimate Safety Requirements Ability to Stow when Not in Use Threat to Environment

§35.130(h) and §36.303(1)(b)

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OPDMD Policies Develop a Policy that clearly states:

Types and sizes permitted Places, times, and circumstances

permitted Speed limits Storage availability Policy related to credible assurance

Include a Safety Analysis No fuel driven engines indoors (Powered by

fuel, batteries or other engines) Publish for advance notice

http://www.gsa.gov/graphics/pbs/Interim_Segway_Policy_121007.pdf

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Effective Communication Devices and Auxiliary Aids

When selecting auxiliary aids, the entity must give Primary Consideration to the request of the person with a disability. The entity must honor the choice of the person with a disability unless:

the entity can demonstrate that another equally effective means of communication exists or ;

use of the means chosen device would not be required because of a fundamental alteration or undue burden.

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Determining Appropriate Auxiliary Aids

Complete a communication assessment Initially and Throughout the situation.

Inform students of the request status. Inform students if services will not be

provided. Inform students of alternate services that

are available or will be provided.

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New Definition Qualified Reader

“A person who is able to read effectively, accurately, and impartially using any necessary specialized vocabulary.”

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New Definition Qualified Interpreter

“An interpreter who, via a video remote interpreting (VRI) service or an on-site appearance, is able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary. Qualified interpreters include, for example, sign language interpreters, oral transliterators, and cued-language transliterators.”

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Addition: Video Remote (VRI) Interpreting

VRI interpreting uses video conference technology over dedicated lines or wireless technology offering high-speed, wide-bandwidth video connection that delivers high-quality video images. §35.104 and §36.104

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VRI Performance Standards

Real-time Full-motion Video and audio High quality video with No lags or irregular pauses Not grainy, blurry, or choppy Must see both interpreter’s and

student’s face, arms, hands, and fingers

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VRI Performance Standards (cont.)

Must be:Immediately available“As effective as communications with

others”Provided in a way to protect the privacy and

independence of persons with disabilities Employee must be trained in effective

use May not be appropriate for all situations

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June 29, 2010 DOJ/OCR Letter Regarding Inaccessible

Technology: Kindle

Expressed “concern” for Electronic book readers that are not accessible to the vision impaired

Requests Universities to refrain from using inaccessible technology

Office of Ed and DOJ are on the same page regarding this issue

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Family Members and Companions

Family members cannot be required to interpret. (§35.160(c)(1) and §36.303(c)(2))

Companion is entitled to auxiliary aids. A Companion is any family member, friend or

associate, accompanying a person seeking access to a service, program, or activity who is an appropriate person to communicate with.

Minor children may only be used in unforeseeable emergency. (§35.160(c)(3) and §36.303(c)(4))

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OCR Investigation of Fees Charged for Student Failure to

Cancel Interpreter

University has 50 Part-Time Interpreters

Interpreters Paid $20-$30 per hour Before Implementing Policy, University

Checked with OCR

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Utah OCR Investigation

Policy Charged Fee when 2 Hour Notice Not Provided after 3 No Shows in the same course

Interpreters Wait 20 Minutes+10 for every hour of class. (Phone, E-mail, Text)

Students Signed a Contract Acknowledging Policy

Students Warned via E-mail Status of 3 Freebies

Fees Cancelled for Absence Associated with Emergency or Other Valid Circumstances

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Utah OCR Investigation (cont.)

Students could reduce Fees by ½ if they Met with DSO and/or Articulated an Understanding of the Policy and Hardship for Failing to Provide Notice Through One of the Following: No Show Workshop No Show and Academic Success

Workshop No Show and Academic Success

Essay

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Utah OCR Decision University did Not Violate Title II or 504 Provided Equal Access Cancellation Fee was Not an

Attendance Policy Did not Charge for the Service,

Charged for failure to Cancel- Consistent with Charging for Other Services Provided by the University (catering etc.)

Referred to the Remediation Referred to Grievance Policies

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Key Points for OCR’ S Decision

Clearly stated policy Student signed and understood University followed the policy

(excellent documentation) Willfulness of student (multiple

occurrences after numerous warnings)

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Key Points for OCR Decision (cont.)

Charges Not intended to recover the cost Several methods for Students to decrease

fees 2 hour notice was generous Ability to continue services (essential can’t

discontinue) Opportunity for education or re-education Referred to grievance policy if dissatisfied

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Telecommunications

Title II and III require Voicemail and messaging to be real-

time for individuals using auxiliary aids and services including TTYs and all forms of FCC-approved telecommunications relay systems, including internet based relay systems §35.161(b) and §36.303(a)(1)

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Telecommunications (cont.) Title II and III require: Response to telephone calls from

telecommunications and relay services in the same manner as other calls §35.161(c) and

§36.303(d)(4) Title III allows places of public accommodation

to use relay services in place of direct telephone communication for receiving or making telephone calls incident to operations §36.303(d)(3)

Title III requires accessible public phones if public allowed to use phones on more than incidental basis §36.303(d)(2)

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Exams and Courses

Title III (§36.309)

Three Distinctions: Documentation is “Reasonable and

limited” Prior modifications in similar situations

receive “Considerable Weight” Response is in a “timely manner”

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Documentation: Reasonable and Limited

New language adopted from the Preamble:“…when testing entities receive

documentation provided by a qualified professional who has made an individualized assessment of an applicant that supports the need for the modification, accommodation, or aid requested, they shall generally accept such documentation and provide the accommodation”.

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Acceptable Documentation Recommendation from Qualified

ProfessionalLicensed or Credentialed with expertise in

the disability for which the modification is sought

Psycho-educational evaluation History of Diagnosis Participation in Special Ed Program Prior accommodation from

Standardized Testing Agency

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ETS Categories of Documentation

Compelling Prior Diagnosis Prior Special Education Services

Helpful Private Schools may Provide Informal

Accommodations- Private tutoring, Coaching Limited

Relevant Supplemental Information Student Intake forms Copy of High School Report Card Certain Information from the Application

Packet may also be Useful

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ETS Documentation Criteria Checklist

1. Does the evaluator clearly indicate disability?

2. Is the documentation sufficient to support he claimed disability?

3. Is the evaluation current? 4. Does the evaluator appear to be

qualified to make diagnosis?5. Does the documentation include

relevant educational developmental, and medical history? (This is very important if scores

don’t stand alone)

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ETS Documentation Criteria Checklist

6. Does documentation include a list of administered tests with all scores

and subtests? (not grade equivalent)7. Is there an explanation of how the

documentation supports the need for each of the requested accommodations?

8. Is there a description of the functional limitations resulting from the

disability?9. Is there a detailed explanation of why

no prior accommodations were given, but accommodations are needed now?

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Use of Mitigating Measures

Mitigating Measures may be considered when determining Accommodations Does the documentation show past

and current use of mitigating measures?

Is the documentation clear the accommodation is necessary after use of mitigating measures?

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Considerable Weight

When considering requests for modifications…the entity gives considerable weight to documentation of past modifications…received in similar situations, as well as such modifications…provided in response to an [IEP]…or…[Section 504 plan]. §36.309(B)(1)(V)

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Considerable Weight Interpretation

When candidate is seeking the same testing arrangements, the testing entity should clearly grant the request for accommodations because the history of testing accommodations determined through the rigors of a process required by federal law is useful and instructive.

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Timely Manner

Entities must act quickly. Seeking additional documentation

may result in extended delay thereby delaying equal opportunity or equal treatment in an examination setting.

Requiring early applications violates “in as timely a manner”.

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Princeton Settlement Agreement 2010

Student with dyslexia, attention deficit hyperactivity disorder with diminished ability to comprehend and express language, recall previous material, communicate in writing and focus on work

Received double time on her SAT Triple time for the ACT standardized

test History double time on exams in high

school

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Princeton (cont.)

  September Accommodations IssuedReduced-distraction testing environmentRest breaksElectronic textsUse of a laptop in class and for timed tests One-exam-per-day limit

Denied her request for extended exam time

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Princeton (cont.) January 2010, granted 50 percent

extended time on her exams Filed amended complaint that contended

the accommodation did not go far enough, leaving her “at the bottom of a slanted, not level, playing field” among her classmates

Apx 90 undergraduates receive academic accommodations

66 receive extra time on their exams 5,047 undergraduates enrolled

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Princeton Agreed Beginning Spring Semester with the

final exam double time on examinations (what was requested) will be given as an interim accommodation

University Task force will review Office of Disability Services and recommend best practices to provide equal access to students with disabilities

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New Safety Requirements

A public entity may now impose legitimate safety requirements for the safe operation of its programs, services, or activities.

Requirements must be based on actual risks, not speculation or stereotypes. (§35.130(h))

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New Direct Threat

Covered entities generally bear the burden of proving the individual presents a significant risk to the health and safety of others that cannot be eliminated by modification of policies, practices, or procedures, or by the provision of auxiliary aids or services. §35.139 mirrors §36.208.

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Direct Threat

Under the ADA, an entity may lawfully exclude an individual from access for safety reasons when it is shown that the individual would pose a direct threat.

“Direct threat" standard must be uniformly applied and may not use safety concerns to justify exclusion of persons with disabilities when persons without disabilities would not be excluded in similar circumstances.

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Individualized Assessment Nott v. George Washington University

GWU student suspended, forced to withdraw, then banned from campus after checking himself into a University hospital for depression.

GWU sent letter to him stating that he had violated the student conduct code by engaging in “endangering behavior.”

Better ApproachMake every effort to meet in person prior to making a

decision. Provide a reasonable period of time for decision-

making. Utilize “interim suspension” or “interim leave”

procedures when necessary.

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October 26, 2010 Dear Colleague Letter

“And, of course, even when bullying or harassment is not a civil rights violation, schools should still seek to prevent it in order to protect students from the physical and emotional harms that it may cause.”

http://www2.ed.gov/about/offices/list/ocr/docs/dcl-factsheet-201010.pdf

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The 21st Century Communications and Video

Accessibility Act of 2010Signed into law October 8, 20101. Requires accessibility features for

visual and hearing impairments on web browsing, text messaging, smart phones, video programming guides and navigation devices.

2. Requires major stations and TV guides to include Video description. (for the blind).

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Advanced Notice Of Proposed Rulemaking

WEBSITE ACCESSIBILITY §508 Compliance for All entities DOJ is Targeting Public Entities Specifically looking at:

Program Registration Services

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Web Site Accessibility

Thomas E. Perez, AAG for DOJ Civil Rights Division“… we intend to use every tool at our disposal to ensure that people with disabilities have equal access to technology and the worlds that technology opens up.”

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Web Site Accessibility Images and animations. Use the ALT

attribute to describe the function of each visual. Images have embedded text explanations.

Image maps. Use client-side MAP (image map processor) and text for hotspots (active regions in images containing links or other types of interactivity).

Multimedia. Provide captioning and transcripts of audio, and descriptions of video. Eliminating Flash.

Hypertext links. Use text that makes sense when read out of context. For example, avoid “click here.”

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Web Site Accessibility (cont.)

Page organization. Use headings, lists and consistent structure. Be sure they are descriptive.

Use CSS (cascading style sheets) for layout and style when possible.

Graphs and charts. Summarize or use the longdesc (long description) attribute.

Scripts, applets and plug-ins. Provide alternative content in case active features are inaccessible or unsupported.

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Web Site Accessibility (cont.)

Frames. Use NOFRAMES (displaying text intended for frames in Web documents for those using browsers that cannot read frames) and meaningful titles.

Tables. Make line-by-line reading sensible. Summarize.

Check your work. Validate. Use tools, checklists and guidelines at http://www.w3.org/TR/WCAG.

quick tips also are at: http://www.w3.org/WAI/References/QuickTips.

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Accessibility in Distance Education

John Wodatch, chief of the disability rights section of the Justice Department, at the June meeting of the National Association of College and University Attorneys, urged college officials to think about the accessibility of their online courses to blind students and those with limited manual dexterity.

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Accessible Distance Education (cont.)

Ensure materials and web registration include access statement

Ensure 508 compliance in every aspect (testing etc.)

Provide assistive technology training at Distance Sites

Consider alternatives to “chats”

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Distance Ed Policy Topics

On-Campus Fees Off-Campus

(Online) Fees Billing Retakes Incomplete Grade

Policy Credit Hours

Credit Hour Limit Grades Graduation Status Changes Drop/Refunds/ Withdrawals Accessibility Notice

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Advanced Notice Of Proposed Rulemaking

MOVIE CAPTIONING Open and Closed (for the deaf

and hearing impaired) Video description (for the blind)

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Advanced Notice Of Proposed Rulemaking

911 TECHONOLOGY Must currently accept TTY directly

without using outside relay services Ultimate Goal is for 911 to use voice,

text, or video from wired and wireless devices

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Advanced Notice Of Proposed Rulemaking

EQUIPMENT Medical Equipment (exam tables,

chairs) Exercise Equipment Golf Carts (and number of holes on the

course) Beds Electronics (all kiosks, point of sale

machines and ATM, gas pumps)

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Advanced Notice Of Proposed Rulemaking

NEW GUIDANCE HEALTHCARE ACCESSIBILITY

Exam Room, Waiting Room and Restroom must be accessible

Cannot examine patients in wheelchair (must have lifts or adjustable exam tables)

Cannot require patient to bring someone to lift or assist them

Cannot have excessive wait for accessible exam room or equipment

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Further Information

U.S. Department of Justice, Civil Rights Division, Disability Rights Section

www.ada.gov800-514-0301 (voice)

http://www.ada.gov/anprm2010/anprm2010.htm

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Melissa L. Frost, J.D. Melissa L. Frost, J.D. Loss Control ConsultantLoss Control Consultant

Phone: Phone: 801.538.3589801.538.3589Fax: Fax: 801.538.9597801.538.9597

Email: Email: [email protected]@utah.gov