The bill amends Chapter 6-45 of the General Laws, titled "Consumer Enforcement of Assistive Technology Device Warranties," by adding a new section that establishes a "Consumer wheelchair right to repair." This new section mandates that original equipment manufacturers (OEMs) must provide independent repair providers or owners with the necessary documentation, parts, embedded software, firmware, or tools for service and repair of wheelchairs and scooters, including motorized positioning features and controls. These resources must be provided on fair and reasonable terms, which are defined as equivalent to the terms offered to authorized repair providers, and documentation must be available at no charge unless requested in physical form.
The bill also prohibits OEMs from using parts pairing or other mechanisms to prevent the installation of non-manufacturer approved parts, reduce functionality, create misleading warnings, charge additional fees for future repairs, or limit who can purchase parts or perform repairs. Violations of these provisions are considered deceptive trade practices. However, OEMs are not liable for damages caused by independent repair providers unless due to design or manufacturing defects. The bill also ensures that OEMs cannot include waiver language in documentation that limits the provisions of this section. The act is set to take effect upon passage.