DOJ's MDE Rule Freezes a 2017 Standard, Minus Two Provisions

DOJ’s Title II regulation defines “Standards for Accessible MDE” (medical diagnostic equipment) by pointing to a specific, frozen edition of the Access Board’s standard — the version of 36 CFR part 1195 as it stood on July 1, 2017 — and it explicitly excludes two provisions, M301.2.2 and M302.2.2, from that pointer (28 CFR 35.104). In the 2017 edition, those two provisions were time-limited “Sunset” clauses (govinfo, 36 CFR part 1195, 2017 ed.). Both now read “[Reserved]” in the current regulation (36 CFR part 1195, current).

This original record-reading guide is a general reading aid, not cited evidence. It does not depict a source record; the article text and source links provide the facts.

Key points

• The regulation’s definition names one frozen edition — “revised as of July 1, 2017” — of 36 CFR part 1195, with M301.2.2 and M302.2.2 carved out (28 CFR 35.104).
• The 2017 govinfo edition labels itself “36 CFR Ch. XI (7–1–17 Edition)” and contains both M301.2.2 and M302.2.2 as active “Sunset” provisions (govinfo, 36 CFR part 1195, 2017 ed.).
• The current eCFR text of part 1195 shows both provisions as “[Reserved]” (36 CFR part 1195, current).
• Separate from the frozen-standard definition, 28 CFR 35.211 sets two acquisition dates, each subject to its own exception: equipment acquired after October 8, 2024 must meet the standard unless the entity satisfies the scoping requirements in paragraph (b), and within two years of August 9, 2024 covered entities must acquire at least one compliant exam table and one compliant weight scale — if they use those items and don’t already have them in place (28 CFR 35.211).

Defining Standards for Accessible MDE

The Title II text is explicit that it is pointing to a fixed point in time, not to whatever the Access Board’s standard currently says:

“‘Standards for Accessible Medical Diagnostic Equipment’ (‘Standards for Accessible MDE’) means the standards promulgated by the Architectural and Transportation Barriers Compliance Board under section 510 of the Rehabilitation Act of 1973, as amended, found at 36 CFR part 1195 (revised as of July 1, 2017), with the exception of M301.2.2 and M302.2.2.” — 28 CFR 35.104

That definition does two things at once: it locks the reference edition to July 1, 2017, and it names two specific sections, M301.2.2 and M302.2.2, that are excluded even from that frozen edition.

What the 2017 edition actually contains

The govinfo archival copy is labeled by edition date, confirming which version of the text the regulation is pointing to:

“36 CFR Ch. XI (7–1–17 Edition)” — govinfo, 36 CFR part 1195, 2017 ed.

In that 2017 edition, the two carved-out sections are live provisions with a stated end date:

“M301.2.2 Sunset. The low transfer position height, Item A of M301.2.1, shall cease to have effect on January 10, 2022.” — govinfo, 36 CFR part 1195, 2017 ed.

“M302.2.2 Sunset. The low transfer position height, Item A of M302.2.1, shall cease to have effect on January 10, 2022.” — govinfo, 36 CFR part 1195, 2017 ed.

Part 1195 today

Turning to the current eCFR version of part 1195, the same two section numbers no longer carry that “Sunset” text:

“M301.2.2 [Reserved]” — 36 CFR part 1195, current

“M302.2.2 [Reserved]” — 36 CFR part 1195, current

Part 1195 as a whole also carries its own source and amendment history. This history covers the entire part, not M301.2.2 and M302.2.2 specifically, but it shows the part has changed since the DOJ definition’s 2017 reference date:

“Source: 82 FR 2845, Jan. 9, 2017, unless otherwise noted.” — 36 CFR part 1195, current

“[82 FR 2845, Jan. 9, 2017, as amended at 87 FR 6038, Feb. 3, 2022; 89 FR 60313, July 25, 2024]” — 36 CFR part 1195, current

As shown above, DOJ’s definition freezes the reference point at July 1, 2017, when M301.2.2 and M302.2.2 were still active “Sunset” clauses scheduled to end on January 10, 2022, and separately excludes those same two sections from the frozen pointer. The current, non-frozen version of part 1195 shows both sections now marked “[Reserved]”; the amendment history above confirms the part has changed since 2017, though it does not specify which amendment reserved these two sections in particular.

Section 35.211 dates

Separate from the definition itself, DOJ’s Title II regulation sets acquisition timing requirements tied to two specific dates: October 8, 2024 and August 9, 2024.

“All MDE that public entities purchase, lease (including via lease renewals), or otherwise acquire after October 8, 2024, shall, subject to the requirements and limitations set forth in this section, meet the Standards for Accessible MDE, unless and until the public entity satisfies the scoping requirements set forth in paragraph (b) of this section.” — 28 CFR 35.211

“Within two years after August 9, 2024, public entities shall, subject to the requirements and limitations set forth in this section, purchase, lease, or otherwise acquire the following, unless the entity already has them in place: (1) At least one examination table that meets the Standards for Accessible MDE, if the public entity uses at least one examination table; and (2) At least one weight scale that meets the Standards for Accessible MDE, if the public entity uses at least one weight scale.” — 28 CFR 35.211

What this article does not answer

This article compares two published regulatory texts and states what each one says; it does not go further than that. It does not explain what the 2017 “Sunset” provisions required covered entities to do in practice, before or after their January 10, 2022 end date. It does not address whether any particular piece of medical diagnostic equipment, or any particular healthcare provider, currently meets the Standards for Accessible MDE or any other part of 28 CFR 35.211. And it says nothing about the quality or outcome of care a patient receives from equipment covered by this rule — those are separate questions from the narrow record-comparison this article covers.

Source links

https://www.ecfr.gov/current/title-28/section-35.104 https://www.ecfr.gov/current/title-36/part-1195 https://www.ecfr.gov/current/title-28/section-35.211 https://www.govinfo.gov/content/pkg/CFR-2017-title36-vol3/pdf/CFR-2017-title36-vol3-part1195.pdf