Title III Technical Assistance Manual (with 1994 supplement)

III−5.4200 Professional office of a health care provider.

A "professional office of a health care provider" is a location where a State-regulated professional provides physical or mental health services to the public. The ADA's elevator exemption does not apply to buildings housing the offices of a health care provider.

ILLUSTRATION: A physician has offices on the first floor of a multistory building. The second floor has other types of offices. An elevator is not required.

BUT: If the second floor was designed or intended for use by a health care provider, an elevator would be required.

ILLUSTRATION 2: A newly constructed two-story building houses a business that provides home health care services. No health care services are actually provided at the company's offices. While the building must meet all other requirements for new construction, no elevator is required.

How will the Department of Justice determine whether a facility was designed or intended for occupancy by a health care provider? Factors that the Department of Justice will look at in making that determination include --

1) Whether the facility has special plumbing, electrical, or other features needed by health care providers;

2) Whether the facility was marketed as a medical office center; and

3) Whether any of the establishments that actually first occupied the floor were, in fact, health care providers.

ILLUSTRATION 3: A newly constructed building intended for physical therapy offices will have two floors. The first floor will include patient treatment areas and the second floor will be reserved exclusively for private physician offices and storage space. Regardless of whether patients will receive treatment on each floor, both floors of the building together constitute the professional office of a health care provider, and an elevator must be installed to ensure that each floor is readily accessible to and usable by individuals with disabilities.