Are There Any Upcoming or Anticipated Changes to ADA regarding Kiosks

By | October 29, 2021

Short Answer:  Yes

Long Answer: In FY 2021, the US Access Board expects to publish rulemaking notices in the following two regulatory initiatives.

It is important to note that during these periods, providing points and issues for consideration to the Access Board is easy and they take every one of them seriously. The more the better is the rule. Once that period is over, it is extremely difficult to insert additional issues. The KMA will of course have a set of potential guidelines to consider which we will submit in a timely manner.

Self-Service Transaction Machines

For the remainder of FY 2021, we plan to issue an advance notice of proposed rulemaking concerning potential accessibility specifications for self-service transaction machines (SSTMs). This regulatory initiative, once complete, will provide technical specifications for the accessibility of self-service transaction machines (e.g., kiosks, point-of-sale machines, self-checkout machines), and scoping for those self-service transaction machines that are built-in and thus fall under the Access Board’s regulatory jurisdiction. The Board has previously worked collaboratively with the Departments of Justice and Transportation to develop the technical specifications published by DOT in a 2013 final rule under the Air Carrier Access Act addressing accessibility of web sites and automated kiosks. The first step for this rulemaking will be an ANPRM seeking feedback on our proposed approach to the technical specifications. We expect to publish the SSTM ANPRM in late FY2021.

Medical Diagnostic Equipment

In 2010, amendments to the Rehabilitation Act (codified at 29 U.S.C.§ 794f) tasked the Board with development of minimum technical standards for medical diagnostic equipment (MDE), including examination tables and chairs, weight scales, radiological equipment, and mammography equipment used by health care providers. Per this congressional mandate, in July 2017, we published an MDE final rule. These MDE Standards allow independent entry to, use of, and exit from diagnostic equipment by individuals with disabilities to the maximum extent possible. As specified in the Rehabilitation Act, these MDE Standards do not impose any mandatory requirements on health care providers or medical device manufacturers. However, other agencies, referred to as enforcing authorities in the MDE Standards, may issue regulations or adopt policies that require health care providers subject to their jurisdiction to acquire accessible medical diagnostic equipment that complies with the MDE Standards.

Here it is noted in the annual congressional budget justification:  https://www.access-board.gov/cj/#fy-2021-planned-activities–rulemaking

More Information

You will find information about this on their unified rulemaking agenda.  The SSTM ANPRM is found on this page:  https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202104&RIN=3014-AA44