§ 6-61-4. Consumer access to parts — Self repairs.
(a) For the purpose of providing services for power wheelchair equipment, an original
equipment manufacturer shall, with fair and reasonable terms and costs, make available,
as defined in § 6-61-1, to an independent repair supplier or consumer of the manufacturer's equipment, manufacturer
documentation, parts, embedded software, firmware, or tools that are intended for
use with the equipment or any part, including updates to documentation, parts, embedded
software, firmware, or tools.
(b) With respect to power wheelchair equipment that contains an electronic security lock
or other security-related function, an original power wheelchair equipment manufacturer
shall, with fair and reasonable terms and costs, make available to independent repair
suppliers and owners any manufacturer documentation, parts, embedded software, firmware,
or tools needed to reset the lock or function when disabled in the course of providing
services. The manufacturer may make the documentation, parts, embedded software, firmware,
or tools available to independent repair suppliers and consumers through appropriate
secure release systems.
(c) For powered wheelchairs, consumers can self-repair or have repairs performed by an
independent repair supplier. This section shall not apply to any part(s) requiring
programmability, calibration, or clinical involvement to ensure appropriate consumer
seating and positioning. Items included in this section for powered wheelchairs shall
include:
(1) Batteries;
(2) Battery chargers;
(3) Nonprogrammable joysticks;
(4) Joystick housings or brackets;
(5) Wheel assembly;
(6) Non-positioning accessories;
(7) Anti-tip devices;
(8) Armrests, excluding positioning components, designed for adjustment by a therapist
or assistive technology professional;
(9) Caster spheres;
(10) Cosmetic shrouding; and
(11) Nonpowered leg lowers.
(d) This chapter does not require an original power wheelchair equipment manufacturer
to divulge a trade secret, except as necessary to provide documentation, parts, tools,
service access methods, and training courses and materials on fair and reasonable
terms. An original equipment manufacturer may redact documentation to remove trade
secrets from the documentation before providing access to the documentation if the
usability of the redacted documentation for the purpose of providing services is not
diminished. An original equipment manufacturer may withhold information regarding
a component of, design of, functionality of, or process of developing a part, embedded
software, firmware, or a tool if the information is a trade secret and the usability
of the part, embedded software, firmware, or tool for the purpose of providing services
is not diminished.
(e) An original power wheelchair manufacturer which fails to produce a replacement part
because the part is out of stock and the manufacturer is unable to obtain the part,
shall not be subject to the penalties as provided in chapter 13.1 of this title if
the original equipment manufacturer does the following:
(1) Informs the consumer or independent repair provider that the part is out of stock,
and, consequently, the manufacturer is unable to obtain the part; and
(2) Makes the part available to the consumer or independent repair provider within five
(5) business days of when the part becomes available.
(f) An original equipment manufacturer is not liable for faulty or otherwise improper
repairs provided by independent repair suppliers or owners, including faulty or otherwise
improper repairs that cause any of the following:
(1) Damage to a powered wheelchair that occurs during the repairs;
(2) Any indirect, incidental, or consequential damages; or
(3) An inability to use, or a reduced functionality of, a powered wheelchair resulting
from faulty or otherwise improper repair.