28 CFR Part 35 · Subpart I — Accessible Medical Diagnostic Equipment
§ 35.212 Existing medical diagnostic equipment
Last updated June 11, 2026
What 28 CFR §35.212 requires of state and local governments.
In Plain Language
For medical diagnostic equipment that was in place before the new rules took effect, public entities must still ensure program accessibility under the general program access requirements of Subpart D. This may be achieved through: reassignment of services to accessible equipment, home visits, use of accessible facilities at other locations, or acquisition of accessible equipment. The obligation to provide accessible health services applies regardless of when equipment was purchased.
This summary is educational, not legal advice. The official text below controls.
Official Regulatory Text — 28 CFR § 35.212
Verbatim from 28 CFR Part 35, current through June 9, 2026.
(a) Accessibility. A public entity shall operate each service, program, or activity offered through or with the use of MDE so that the service, program, or activity, in its entirety, is readily accessible to and usable by individuals with disabilities. This paragraph (a) does not—
(1) Necessarily require a public entity to make each of its existing pieces of MDE accessible to and usable by individuals with disabilities; or
(2) Require a public entity to take any action that it can demonstrate would result in a fundamental alteration in the nature of a service, program, or activity, or in undue financial and administrative burdens. In those circumstances where personnel of the public entity believe that the proposed action would fundamentally alter the service, program, or activity or would result in undue financial and administrative burdens, a public entity has the burden of proving that compliance with this paragraph (a) would result in such alteration or burdens. The decision that compliance would result in such alteration or burdens must be made by the head of a public entity or their designee after considering all resources available for use in the funding and operation of the service, program, or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion. If an action would result in such an alteration or such burdens, a public entity shall take any other action that would not result in such an alteration or such burdens but would nevertheless ensure that individuals with disabilities receive the benefits or services, programs, and activities provided by the public entity.
(3) A public entity meets its burden of proving that compliance with this paragraph (a) would result in a fundamental alteration under paragraph (a)(2) of this section if it demonstrates that compliance with this paragraph (a) would alter diagnostically required structural or operational characteristics of the equipment and prevent the use of the equipment for its intended diagnostic purpose.
(b) Methods. A public entity may comply with the requirements of this section through such means as reassignment of services to alternate accessible locations; home visits; delivery of services at alternate accessible sites; purchase, lease, or other acquisition of accessible MDE; or any other methods that result in making its services, programs, or activities readily accessible to and usable by individuals with disabilities. A public entity is not required to purchase, lease, or otherwise acquire accessible MDE where other methods are effective in achieving compliance with this section. In choosing among available methods for meeting the requirements of this section, a public entity shall give priority to those methods that offer services, programs, and activities to qualified individuals with disabilities in the most integrated setting appropriate.
What § 35.212 Means in Practice
- Until accessible equipment arrives through normal acquisition, entities must still provide program access using the MDE they have
- Entities that use exam tables must have at least one accessible exam table by August 9, 2026
- Entities that use weight scales must have at least one accessible scale by August 9, 2026
- Program access methods, like scheduling patients at locations with accessible equipment, can bridge the gap, but cannot become a permanent substitute
Common Questions
We have old exam tables that are not accessible. Must we replace them immediately?
Not immediately, but you must provide program access through alternative means — and must replace equipment with accessible versions when acquiring new equipment.
What are acceptable program access alternatives for inaccessible diagnostic equipment?
Using a different accessible facility, transferring the patient to a provider with accessible equipment, conducting home visits, or reassigning the diagnostic service to accessible equipment.
Does § 35.212 apply to your entity?
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