Vermont H. 160: An act relating to use of auxiliary fuel tanks on Type II school buses

Bill Text

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H.160 1
Introduced by Representatives Donahue of Northfield, Priestley of Bradford, 2
Marcotte of Coventry, and Tomlinson of Winooski 3
Referred to Committee on 4
Date: 5
Subject: Commerce and trade; consumer protection; right to repair 6
Statement of purpose of bill as introduced: This bill proposes to require 7
manufacturers of medical devices to make available to hospitals and 8
independent service organizations, on fair and reasonable terms, the 9
documentation, parts, and tools used to diagnose, maintain, and repair medical 10
devices. 11
An act relating to creating a right to repair for medical devices 12
It is hereby enacted by the General Assembly of the State of Vermont: 13
Sec. 1. 9 V.S.A. chapter 106 is added to read: 14
CHAPTER 106. RIGHT TO REPAIR 15
Subchapter 1. Medical Devices 16
§ 4049. DEFINITIONS 17
As used in this chapter: 18
(1)(A) “Authorized repair provider” means an individual or business 19
that has an arrangement with the original equipment manufacturer under which 20

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the original equipment manufacturer grants to the individual or business a 1
license to use a trade name, service mark, or other proprietary identifier for the 2
purposes of offering the services of diagnosis, maintenance, or repair of 3
medical equipment under the name of the original equipment manufacturer or 4
other arrangement with the original equipment manufacturer to offer such 5
services on behalf of the original equipment manufacturer. 6
(B) An original equipment manufacturer that offers the services of 7
diagnosis, maintenance, or repair of its own medical equipment shall be 8
considered an authorized repair provider with respect to such equipment. 9
(2) “Documentation” means any manual, diagram, reporting output, 10
service code description, schematic diagram, security code, password, or other 11
guidance or information, whether in an electronic or tangible format, used to 12
perform the services of diagnosis, maintenance, or repair of medical 13
equipment. 14
(3) “Fair and reasonable terms” means making available parts, tools, or 15
documentation as follows: 16
(A) with respect to documentation required for repair, that 17
documentation is provided by the OEM at no charge, except that, when the 18
documentation is requested in physical printed form, a charge may be included 19
for the reasonable actual costs of preparing and sending the copy; 20

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(B) with respect to tools, that tools are made available by the OEM at 1
no charge and without requiring authorization or internet access for use or 2
operation of the tool, or imposing impediments to access or use of the tool to 3
diagnose, maintain, or repair and enable full functionality of medical 4
equipment, except that when a tool is requested in physical form, a charge may 5
be included for the reasonable, actual costs of preparing and sending the tool; 6
and 7
(C) with respect to parts, that parts are made available by the OEM, 8
either directly or indirectly through an authorized repair provider, to 9
independent repair providers and health care facilities at reasonable costs and 10
terms that are equivalent to the most favorable costs and terms under which an 11
OEM offers the part to an authorized repair provider and that: 12
(i) account for any discount, rebate, convenient and timely means 13
of delivery, means of enabling fully restored and updated functionality, rights 14
of use, or other incentive or preference the OEM offers to an authorized repair 15
provider, or any additional cost, burden, or impediment the OEM imposes on 16
an independent repair provider or health care facility; 17
(ii) are not conditioned on or imposing a substantial obligation or 18
restriction that is not reasonably necessary for enabling the independent repair 19
provider or health care facility to engage in the diagnosis, maintenance, or 20
repair of medical equipment made by or on behalf of the OEM; and 21

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(iii) are not conditioned on an arrangement described in 1
subdivision (1)(A) of this section. 2
(4) “Health care facility” means all persons or institutions, including 3
mobile facilities, whether public or private, proprietary or not for profit, that 4
offer diagnosis, treatment, inpatient, or ambulatory care to two or more 5
unrelated persons, and the buildings in which those services are offered. The 6
term shall not apply to any facility operated by religious groups relying solely 7
on spiritual means through prayer or healing but includes all institutions 8
included in 18 V.S.A. § 9432(8), except health maintenance organizations. 9
(5) “Independent repair provider” means a person operating in this State, 10
who does not have an arrangement with an OEM as described in subdivision 11
(1)(A) of this section, and who is e