North Carolina HB 460: Chin Page Lift Station/Funds.
Status: Passed 1st Reading (as of 2023-03-27)
State: North Carolina · Session: 2023 · Bill: HB 460
Subjects: APPROPRIATIONS, BUDGET & MANAGEMENT OFFICE, BUDGETING, CAPITAL SPENDING, CONSTRUCTION, COUNTIES, DURHAM, DURHAM COUNTY, INFRASTRUCTURE, LOCAL GOVERNMENT, MUNICIPALITIES, PUBLIC, UTILITIES, WATER & SEWER SYSTEMS
Sponsors: Hawkins, Jeffers, Morey, Alston, Logan
Bill Text
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 H 1 HOUSE BILL 460 Short Title: Medical Equipment Right to Repair Act. (Public) Sponsors: Representatives Belk, Carney, Cunningham, and Buansi (Primary Sponsors). For a complete list of sponsors, refer to the North Carolina General Assembly web site. Referred to: Rules, Calendar, and Operations of the House March 20, 2025 *H460-v-1* A BILL TO BE ENTITLED 1 AN ACT TO REQUIRE ORIGINAL EQUIPMENT MANUFACTURERS OF MEDICAL 2 IMAGING EQUIPMENT AND MEDICAL RADIATION THERAPY EQUIPMENT TO 3 PROVIDE EQUIPMENT OWNERS AND REPAIR PROVIDERS ACCESS TO THE 4 SUPPORT DOCUMENTS, TOOLS, AND PARTS NECESSARY TO PERFORM 5 DIAGNOSTIC, MAINTENANCE, AND REPAIR SERVICES ON THE EQUIPMENT. 6 The General Assembly of North Carolina enacts: 7 SECTION 1. Chapter 66 of the General Statutes is amended by adding a new Article 8 to read: 9 "Article 52. 10 "Medical Equipment Right to Repair Act. 11 "§ 66-503. Citation and definitions. 12 (a) This Article may be cited as the "Medical Equipment Right to Repair Act." 13 (b) As used in this Article, the following definitions apply unless context otherwise 14 requires: 15 (1) Authorized repair provider. – An individual or entity that has contracted with 16 an original equipment manufacturer to offer or perform diagnostic, 17 maintenance, or repair services of the manufacturer's medical imaging or 18 radiation therapy equipment whether operating under (i) a license to use the 19 manufacturer's trade name, service mark, or other proprietary identifier or (ii) 20 an alternative arrangement under which a provider offers to or provides 21 services on behalf of the manufacturer. For purposes of this Article, an 22 original equipment manufacturer that offers or performs diagnostic, 23 maintenance, or repair services of its own medical imaging or radiation 24 therapy equipment is also an authorized repair provider. 25 (2) Independent repair provider. – An individual or business that offers or 26 performs diagnostic, maintenance, or repair services of medical imaging or 27 radiation therapy equipment without contracting with the original equipment 28 manufacturer. 29 (3) Medical imaging equipment. – Any device used to view the human body to 30 diagnose, monitor, or treat medical conditions, including products for 31 ultrasound imaging, magnetic resonance imaging, medical X ray, 32 radiography, computed tomography, fluoroscopy, and mammography. 33 (4) Medical radiation therapy equipment. – Any device that produces high 34 energy-charged particles to provide radiation therapy and related support 35 General Assembly Of North Carolina Session 2025 Page 2 House Bill 460-First Edition devices, including signal analysis and display equipment; patient and 1 equipment supports; treatment planning software; and component parts and 2 accessories. 3 (5) Original equipment manufacturer (OEM). – An individual or entity that is 4 engaged in the business of manufacturing and selling, leasing, or otherwise 5 supplying medical imaging and radiation therapy equipment to others. 6 (6) Owner. – An individual or entity that owns or leases medical imaging or 7 radiation therapy equipment. 8 (7) Part. – Any part made available by the original equipment manufacturer, 9 whether new or used, that is necessary for the maintenance or repair of medical 10 imaging or radiation therapy equipment. 11 (8) Support documentation. – Any manual, diagram, reporting output, service 12 code description, schematic diagram, security codes, passwords, or other 13 guidance or information necessary to perform diagnostic, maintenance, or 14 repair services on medical imaging and radiation therapy equipment. 15 (9) Tool. – Any software, hardware, or other apparatus necessary to perform 16 diagnostic, maintenance, or repair services on medical imaging and radiation 17 therapy equipment, including items needed to program or pair new parts, 18 calibrate functionality, conduct software updates, or perform any other 19 function required to bring the product back to fully functional condition. 20 "§ 66-503.1. Duties of original equipment manufacturer. 21 Any OEM that manufactures medical imaging equipment or medical radiation therapy 22 equipment that is used in this State is required to do the following: 23 (1) Make available to any hospital or independent repair provider any support 24 documentation, parts, or tools necessary to perform diagnostic, maintenance, 25 or repair services of the manufacturer's medical imaging or radiation therapy 26 equipment subject to the following terms: 27 a. Anytime the OEM updates the support documentation for its 28 equipment, the OEM shall automatically send notice of the updated 29 information to all known equipment owners and independent repair 30 providers. 31 b. An OEM shall provide access to support documentation at no charge 32 to an owner or independent repair provider, however, if the owner or 33 independent repair provider requests a printed copy of a support 34 doc
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