Operating Procedures of the MDE Accessibility Standards Advisory Committee

1. Mission. The advisory committee will make recommendations to the Access Board on matters addressed in the Notice of Proposed Rulemaking (NPRM) for medical diagnostic equipment accessibility standards published in the Federal Register on February 9, 2012, 77 FR 6916, and issues raised in public comments on the NPRM, including the responses to the questions in the NPRM. The standards contain minimum technical criteria to ensure that medical diagnostic equipment, including examination tables, examination chairs, weight scales, mammography equipment, and other imaging equipment used by health care providers for diagnostic purposes are accessible to and usable by individuals with disabilities. The standards are intended to ensure, to the maximum extent possible, independent entry to, use of, and exit from such equipment by individuals with disabilities.

2. Interests Represented on Committee. The committee is comprised of organizations appointed by the Chair of the Access Board to represent the interests of groups affected by the standards, including medical device manufacturers, health care providers, individuals with disabilities, and other interested parties. Federal agencies are appointed as ex-offico members of the committee.

3. Committee Members and Alternate Members. Each organization appointed to the committee will designate a member and an alternate member to represent the organization on the committee subject to approval by the Chair of the Access Board.

4. Committee Member Responsibilities. Committee members will attend committee meetings, participate fully and openly in discussions, exchange information to the fullest extent possible, consider alternatives, and make a good faith effort to reach consensus on recommendations for the standards. When alternate members attend committee meetings, they have the same responsibilities as committee members.

5. Attendance at Meetings. Committee members should attend committee meetings in person. If committee members cannot attend committee meetings in person, they may attend by teleconference. Alternate members are encouraged to attend committee meetings. If an alternate member does not attend committee meetings, the committee member should brief the alternate member on the committee discussions. If an organization is not represented by a committee member or an alternate member at two consecutive committee meetings, the Chair of the Access Board may remove the organization and its members from the committee.

6. Technical Advisors. Committee members may be accompanied by technical advisors. Technical advisors may participate in committee discussions. If the discussion becomes unwieldy, any committee member may request that technical advisors be allowed to speak only if permitted by the Chair of the committee.

7. Committee Chair. The Chair of the committee will consult with the designated Federal Official (DFO) regarding meeting agendas, will chair committee meetings, and will certify the accuracy of the minutes of committee meetings.

8. Committee Meetings. Committee meetings will be conducted in accordance with Federal Advisory Committee Management Regulations at 41 CFR Part 102-3, Subpart D. The DFO will schedule four committee meetings over a three month period. Committee meetings will be held in the Access Board Conference Room. Notice of committee meetings will be published in the Federal Register at least 15 calendar days prior to each meeting. Committee meetings will be open to the public. During each day of committee meetings, there will be time for public comment. Persons attending committee meetings are requested to refrain from using perfume, cologne, and other fragrances for the comfort of other participants.

9. Meeting Agendas. The DFO will prepare agendas for committee meetings in consultation with the Chair of the committee. A summary of the agenda topics to be discussed at each committee meeting will be included in the Federal Register notice announcing the meeting.

10. Agenda Materials. Committee members should submit agenda materials in MS Word format to the DFO at least five business days before committee meetings. Agenda materials will be posted on the committee webpage in advance of the meeting. Agenda materials will be provided in accessible formats for committee members and alternate members who request such formats. Committee members who handout written materials at committee meetings shall provide a sufficient number of copies for committee members, including accessible formats for committee members and alternate members who request such formats.

11. Quorum. A quorum of two thirds of the committee membership is required to make recommendations on behalf of the full committee. If a committee member is absent and an alternate member is present at a meeting, the alternate member is counted for purposes of establishing a quorum. In the absence of a quorum, the committee may meet for the purpose of discussion, but may not make recommendations on behalf of the full committee.

12. Minutes. The DFO will prepare minutes of committee meetings. The committee will review the minutes at its next meeting and the Chair of the committee will certify the accuracy of the minutes. The minutes of committee meetings will be posted on the committee webpage.

13. Subcommittees. The committee may establish subcommittees to discuss matters within the scope of the committee’s mission subject to approval by the DFO. Subcommittees will report their recommendations to the full committee for discussion. Persons who are not committee members or alternate members may participate in subcommittee meetings. Subcommittees will be appointed by the Chair of the full committee in consultation with the DFO. Subcommittees may meet in between full committee meetings or at full committee meetings. Subcommittee chairs will submit subcommittee meeting schedules and agendas to the DFO for approval. Notice of subcommittee meetings will be published in advance of meetings on the committee webpage when subcommittees met in between full committee meetings, and in the Federal Register when subcommittees meet at full committee meetings. If a subcommittee meets by teleconference, the teleconference number will be posted on the committee webpage in advance of the meeting and the teleconference will be open to the public. The same procedures that apply to committee agenda materials will apply to subcommittee agenda materials.

14. Caucuses. Groups of committee members may caucus in private to discuss their positions. Positions discussed during caucuses are confidential and may not be disclosed outside the caucus unless authorized by the caucus members. Breaks during committee meetings for caucuses should be held to a minimum.

15. Final Committee Report. The committee will prepare a final report containing its recommendations. The recommendations should be based on a consensus of the committee to the extent possible. Committee members should ensure that the organizations they represent agree with the recommendations in the final committee report. If an organization does not agree with any of the recommendations in the final committee report, the organization may submit a minority report stating its position on the matter. Ex-offico members are not required to agree with the recommendations in the final committee report or submit a minority report. The Access Board will consider all recommendations in the final report and any minority reports when developing the final rule for the standards.

16. Committee Webpage. The Access Board will maintain a webpage on the committee’s activities. Committee and subcommittee meeting notices, agendas, agenda materials, minutes of meetings, draft recommendations and reports, and the final committee report and any minority reports will be posted on the webpage.

17. Media Announcements. Committee members may not make announcements to or hold discussions with the media unless authorized by the DFO.

18. Discontinue if Unproductive. The Access Board may discontinue committee meetings at any time if the meetings are not productive.