[Diabetes-Talk] I spoke to my lawyer

Fri Sep 1 01:58:34 UTC 2017

Does anyone know where we would find the DAN's Bill of Rights that has been mentioned throughout these emails. This I have never seen.

Jeanette Kutash

-----Original Message-----
From: Diabetes-Talk [mailto:diabetes-talk-bounces at nfbnet.org] On Behalf Of sandi via Diabetes-Talk
Sent: Thursday, August 31, 2017 8:28 PM
To: Diabetes Talk for the Blind
Cc: sandi
Subject: Re: [Diabetes-Talk] I spoke to my lawyer

Hi Walter and all,

The link to passed resolutions since 2010 is 

httP://www.nfb.org/resolutions

Below are copies of the two resolutions I mentioned, from 2014 and 2016.

Sandi

Resolution 2014-07
Regarding Making Diabetes Tools and Technologies Accessible to Consumers Who Are Blind or Have Low Vision WHEREAS, Many advances in diabetes and diabetes-related technologies, such as insulin pumps, continuous glucose monitoring devices, and home dialysis systems offer great benefits, including more effective diabetes self-management, independence, and an enhanced quality of life; and

WHEREAS, blind and low-vision people also have the right to benefit from these advancements in diabetes technologies but are deprived of the health benefits that they offer because manufacturers consistently fail to integrate nonvisual and low-vision access features into them, even though blind consumers have been requesting this access for nearly thirty years; and

WHEREAS, federal regulators and policymakers perpetuate this blatant discrimination and fail to protect the rights and needs of blind and low-vision consumers who have diabetes by failing to develop accessibility standards and by failing to require developers receiving federal funds to add nonvisual and low-vision access to their diabetes-related products; and

WHEREAS, the Food and Drug Administration (FDA) approves all medical devices before they can be marketed in the United States, but lacks the authority to ensure the accessibility of diabetes technologies; and 

WHEREAS, organizations such as the American Diabetes Association, the JDRF (formerly the Juvenile Diabetes Research Foundation), the American Association of Diabetes Educators, the American Association of Clinical Endocrinologists, and the American Medical Association fail to advocate for nonvisual and low-vision access to these lifesaving technologies: Now, therefore,

BE IT RESOLVED by the National Federation of the Blind in Convention assembled this fifth day of July, 2014, in the City of Orlando, Florida, that this organization call for the end of discrimination against blind and low-vision diabetics by insisting that Congress give the Food and Drug Administration the authority to mandate full accessibility in diabetes-related devices, and

BE IT FURTHER RESOLVED that this organization urge the Food and Drug Administration to work with the National Federation of the Blind to create nonvisual and low-vision accessibility standards for all diabetes-related devices, and then require manufacturers to include nonvisual and low-vision accessibility in all new diabetes technology before receiving FDA approval; and

BE IT FURTHER RESOLVED that this organization calls upon national associations that advocate for people with diabetes to join with the National Federation of the Blind to advocate for nonvisual and low-vision accessibility in all future diabetes technologies so that all people with diabetes, including those who are blind or have low vision, may benefit from these technologies. 
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Resolution 2016-16
Regarding the Technology Bill of Rights for Individuals with Diabetes and Vision Loss WHEREAS, the National Federation of the Blind and the NFB Diabetes Action Network advocate for the rights of an ever-increasing population of blind and low-vision people with diabetes; and WHEREAS, the NFB Diabetes Action Network has created and adopted the following Technology Bill of Rights for Individuals with Diabetes and Vision Loss, which proclaims that all people with diabetes have a right to technology that is thoughtfully, collaboratively, and inclusively designed, and that we who have diabetes and are blind assert the following rights: (1) true independence—to manage our diabetes independently, with dignity, and without requiring assistance from sighted individuals; (2) meaningful access—to access the same life-changing diabetes information, diagnostic tools, and treatments as are available to others; (3) identical devices--to benefit from the same (not inferior, antiquated, or less effective) diabetes devices at the same time and price as are available to our sighted peers; (4) direct control—to operate these devices directly, through flexible and inclusive nonvisual and low-vision features, rather than relying upon smartphones or apps for access; (5) full participation—to participate fully in planning, pre-market testing, clinical trials, and evaluation of these technologies, their user interfaces, and related apps; and WHEREAS, low vision and blindness complicate diabetes self-care; and WHEREAS, for the past thirty years diabetes technologies have failed to include essential usability features (audio, high contrast, large print) that make independent diabetes self-care possible; and WHEREAS, increasingly powerful and life-changing diabetes devices are emerging, many with high tech user interfaces such as onscreen menus and touch screens that create unintentional digital barriers that make the devices difficult to use without good vision; and WHEREAS, this lack of access disadvantages users with visual disabilities and causes serious health inequities; and WHEREAS, all diabetes devices can be designed to be fully accessible out of the box for little or no extra cost using existing technology; and WHEREAS, audio features are already enhancing functionality and user experience for all consumers in other technologies such as GPS systems, elevators, ATMs, and Google Maps, not just for blind or low-vision consumers; and WHEREAS, in some products simple tactile buttons and audible tones or vibrations may make devices fully accessible, while in others text-to-speech and zoom features can make user interfaces more inclusive: Now, therefore, BE IT RESOLVED by the National Federation of the Blind in Convention assembled this fourth day of July, 2016, in the City of Orlando, Florida, that this organization adopt and affirm the Diabetes Action Network’s Technology Bill of Rights for Individuals with Diabetes and Vision Loss; and BE IT FURTHER RESOLVED that this organization pledge to work toward establishing and securing these important rights until all diabetes devices are fully accessible out of the box; and BE IT FURTHER RESOLVED that this organization urge other diabetes advocates, technology developers, and federal policy makers to affirm these rights and join with us to work to end these unjust health inequities. 

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