I 
111TH CONGRESS 
1ST SESSION H. R. 1938 
To amend the Rehabilitation Act of 1973 and the Public Health Service 
Act to set standards for medical diagnostic equipment and to establish 
a program for promoting good health, disease prevention, and wellness 
and for the prevention of secondary conditions for individuals with dis-
abilities, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 2, 2009 
Mrs. LOWEY introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce, and in addition to the Committees on 
Ways and Means and Education and Labor, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To amend the Rehabilitation Act of 1973 and the Public 
Health Service Act to set standards for medical diag-
nostic equipment and to establish a program for pro-
moting good health, disease prevention, and wellness and 
for the prevention of secondary conditions for individuals 
with disabilities, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Promoting Wellness 
for Individuals with Disabilities Act of 2009’’. 
SEC. 2. ESTABLISHMENT OF STANDARDS FOR ACCESSIBLE 
MEDICAL DIAGNOSTIC EQUIPMENT. 
(a) IN GENERAL.—Title V of the Rehabilitation Act 
of 1973 (29 U.S.C. 791 et seq.) is amended by adding 
at the end the following: 
‘‘SEC. 510. ESTABLISHMENT OF STANDARDS FOR ACCES-
SIBLE MEDICAL DIAGNOSTIC EQUIPMENT. 
‘‘(a) STANDARDS.—Not later than 9 months after the 
date of the enactment of the Promoting Wellness for Indi-
viduals with Disabilities Act of 2009, the Architectural 
and Transportation Barriers Compliance Board shall issue 
(including publishing) standards setting forth the min-
imum technical criteria for medical diagnostic equipment 
used in (or in conjunction with) physicians offices, clinics, 
emergency rooms, hospitals, and other medical settings. 
The standards shall ensure that such equipment is acces-
sible to, and usable by, individuals with disabilities, and 
shall allow independent entry to, use of, and exit from the 
equipment by such individuals to the maximum extent pos-
sible. 
‘‘(b) 
MEDICAL
DIAGNOSTIC
EQUIPMENT
COV-
ERED.—The standards issued under subsection (a) for 
medical diagnostic equipment shall apply to equipment 
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that includes examination tables, examination chairs (in-
cluding chairs used for eye examinations or procedures, 
and dental examinations or procedures), weight scales, 
mammography equipment, x-ray machines, and other radi-
ological equipment commonly used for diagnostic purposes 
by health professionals. 
‘‘(c) INTERIM STANDARDS.—Until the date that the 
standards described under subsection (a) are in effect, 
purchases of examination tables, weight scales, and mam-
mography equipment made after January 1, 2010, and 
used in (or in conjunction with) medical settings as de-
scribed in subsection (a), shall meet the following interim 
accessibility requirements: 
‘‘(1) Examination tables shall be height-adjust-
able between a range of at least 18 inches to 37 
inches. 
‘‘(2) Weight scales shall be capable of weighing 
individuals who remain seated in a wheelchair or 
other personal mobility aid. 
‘‘(3) Mammography machines and equipment 
shall be capable of being used by individuals in a 
standing, seated, or recumbent position, including 
individuals who remain seated in a wheelchair or 
other personal mobility aid. 
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‘‘(d) REVIEW AND AMENDMENT.—The Architectural 
and Transportation Barriers Compliance Board shall peri-
odically review and, as appropriate, amend the stand-
ards.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Rehabilitation Act of 1973 is amend-
ed by inserting after the item relating to section 509 the 
following new item: 
‘‘Sec. 510. Establishment of standards for accessible medical diagnostic equip-
ment.’’. 
SEC. 3. WELLNESS GRANT PROGRAM FOR INDIVIDUALS 
WITH DISABILITIES. 
Part P of title III of the Public Health Service Act 
(42 U.S.C. 280g et seq.) is amended— 
(1) by redesignating the section 399R, as added 
by section 2 of Public Law 110–373, as section 
399S; 
(2) by redesignating the section 399R, as added 
by section 3 of Public Law 110–374, as section 
399T; and 
(3) by adding at the end the following new sec-
tion: 
‘‘SEC. 399U. ESTABLISHMENT OF WELLNESS GRANT PRO-
GRAM FOR INDIVIDUALS WITH DISABILITIES. 
‘‘(a) IN GENERAL.— 
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‘‘(1) INDIVIDUAL
WITH
A
DISABILITY
DE-
FINED.—For purposes of this section, the term ‘in-
dividual with a disability’ has the meaning given the 
term in section 7(20) of the Rehabilitation Act of 
1973 (29 U.S.C. 705(20)), for purposes of title V of 
such Act (29 U.S.C. 791 et seq.). 
‘‘(2) WELLNESS GRANT PROGRAM FOR INDIVID-
UALS WITH DISABILITIES.—The Secretary, in col-
laboration with the National Advisory Committee on 
Wellness for Individuals With Disabilities established 
under subsection (d)(1), may make grants on a com-
petitive basis to public and nonprofit private entities 
for the purpose of carrying out programs for pro-
moting good health, disease prevention, and wellness 
for individuals with disabilities and for preventing 
secondary conditions in such individuals. 
‘‘(b) REQUIREMENT OF APPLICATION.—To be eligi-
ble to receive a grant under subsection (a)(2), a public 
or nonprofit private entity shall submit to the Secretary 
an application at such time, in such manner, and con-
taining such agreements, assurances, and information as 
the Secretary determines to be necessary to carry out this 
section. 
‘‘(c) AUTHORIZED ACTIVITIES.—With respect to pro-
moting good health and wellness for individuals with dis-
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abilities, activities for which the Secretary may make a 
grant under subsection (a) include— 
‘‘(1) programs or activities for smoking ces-
sation, weight control, nutrition, or fitness that 
focus on the unique challenges faced by individuals 
with disabilities regarding these issues; 
‘‘(2) preventive health screening programs for 
individuals with disabilities to reduce the incidence 
of secondary conditions; and 
‘‘(3) athletic, exercise, or sports programs that 
provide individuals with disabilities (including chil-
dren with disabilities) an opportunity to increase 
their physical activity in a dedicated or adaptive rec-
reational environment. 
‘‘(d) PRIORITIES.— 
‘‘(1) ADVISORY
COMMITTEE.—The Secretary 
shall establish a National Advisory Committee on 
Wellness for Individuals With Disabilities that shall 
set priorities to carry out this section, review grant 
proposals, and make recommendations for funding, 
and annually evaluate the progress of the program 
under this section in implementing the priorities. 
‘‘(2) REPRESENTATION.—The Advisory Com-
mittee established under paragraph (1) shall include 
representation by the Department of Health and 
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Human Services Office on Disability, the United 
States Surgeon General or his designee, the Centers 
for Disease Control and Prevention, private non-
profit organizations that represent the civil rights 
and interests of individuals with disabilities, and in-
dividuals with disabilities or their family members. 
‘‘(e) DISSEMINATION OF INFORMATION.—The Sec-
retary shall, in addition to the usual methods of the Sec-
retary, disseminate information about the availability of 
grants under subsection (a) in a manner designed to reach 
public entities and nonprofit private organizations that are 
dedicated to providing outreach, advocacy, or independent 
living services to individuals with disabilities. 
‘‘(f) REPORTS TO CONGRESS.—The Secretary shall, 
not later than 180 days after the date of the enactment 
of the Promoting Wellness for Individuals with Disabilities 
Act of 2009, and annually thereafter, submit to Congress 
a report summarizing activities, findings, outcomes, and 
recommendations resulting from the grant projects funded 
under this section during the preceding fiscal year. 
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—For the 
purpose of making grants under this section, there are au-
thorized to be appropriated such sums as may be nec-
essary.’’. 
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SEC. 4. IMPROVING EDUCATION AND TRAINING TO PRO-
VIDE MEDICAL SERVICES TO INDIVIDUALS 
WITH DISABILITIES. 
(a) COORDINATED PROGRAM TO IMPROVE PEDI-
ATRIC ORAL HEALTH.—Section 320A(b) of the Public 
Health Service Act (42 U.S.C. 247d–8(b)) is amended 
by— 
(1) striking ‘‘, or to increase’’ and inserting ‘‘, 
to increase’’; and 
(2) striking the period and inserting the fol-
lowing ‘‘, or to provide training to improve com-
petency and clinical skills in providing oral health 
services to, and communicating with, patients with 
disabilities (including those with intellectual disabil-
ities) through training integrated into the core cur-
riculum and patient interaction in community-based 
settings.’’. 
(b) CHILDREN’S HOSPITALS THAT OPERATE GRAD-
UATE MEDICAL EDUCATION PROGRAMS.—Section 340E 
of the Public Health Service Act (42 U.S.C. 256e) is 
amended by adding at the end the following: 
‘‘(h) REQUIREMENT TO PROVIDE TRAINING.—To be 
eligible to receive a payment under this section, a chil-
dren’s hospital shall provide training to improve com-
petency and clinical skills in providing health care to, and 
communicating with, patients with disabilities, including 
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those with intellectual disabilities, as part of any approved 
graduate medical residency training program provided by 
the hospital. Such training shall include treating patients 
with disabilities in community-based settings as part of 
the usual training or residency placement.’’. 
(c) CENTERS OF EXCELLENCE.—Section 736(b) of 
the Public Health Service Act (42 U.S.C. 293(b)) is 
amended— 
(1) in paragraph (6)(B), by striking ‘‘; and’’ 
and inserting a semicolon; 
(2) by redesignating paragraph (7) as para-
graph (8); and 
(3) by inserting after paragraph (6) the fol-
lowing: 
‘‘(7) to carry out a program to improve com-
petency and clinical skills of students in providing 
health services to, and communicating with, patients 
with disabilities, including those with intellectual dis-
abilities; and’’. 
(d) FAMILY MEDICINE, GENERAL INTERNAL MEDI-
CINE, GENERAL PEDIATRICS, GENERAL DENTISTRY, PE-
DIATRIC DENTISTRY, AND PHYSICIAN ASSISTANTS.—Sec-
tion 747(a) of the Public Health Service Act (42 U.S.C. 
293k(a)) is amended— 
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(1) in paragraph (5), by striking ‘‘; and’’ and 
inserting a semicolon; 
(2) in paragraph (6), by striking ‘‘pediatric 
dentistry.’’ and inserting ‘‘pediatric dentistry; and’’; 
(3) by inserting after paragraph (6) the fol-
lowing new paragraph: 
‘‘(7) to plan, develop, and operate a program 
for the training of physicians or dentists, or medical 
or dental residents, to improve competency and clin-
ical skills of physicians and dentists in providing 
services to, and communicating with, patients with 
disabilities, including those with intellectual disabil-
ities.’’; and 
(4) by adding at the end the following: ‘‘The 
training described in paragraph (7) shall include 
training integrated into the core curriculum, as well 
as patient interaction with individuals with disabil-
ities in community-based settings, as part of the 
usual training or residency placement.’’. 
(e) ADVISORY COUNCIL
ON GRADUATE MEDICAL 
EDUCATION.—Section 762(a)(1) of the Public Health 
Service Act (42 U.S.C. 294o(a)(1)) is amended— 
(1) in subparagraph (E), by striking ‘‘; and’’ 
and inserting a semicolon; and 
(2) by adding at the end the following: 
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