Committee reviews H.160, a proposed right-to-repair law for medical devices

The White House Committee on Commerce and Economic Development discussed H.160, a proposed right-to-repair bill that would create a new chapter in title 9106 to give independent repair providers and health care facilities access to parts, tools, and documentation needed to diagnose, maintain, or repair medical equipment. Rick Segal, Office of Legislative Council, told the committee the bill would be “first of its kind” because "not one state, as of my research, has passed a law that would give the right to repair medical devices."

The bill would define key terms including "authorized repair provider," "independent repair provider," "medical equipment," "documentation," "parts," and "tools," and requires OEMs or their authorized repair providers to make available documentation, tools, and parts on "fair and reasonable terms." Segal read provisions that limit charges for electronic documentation or tools to the "reasonable actual cost" when a physical copy is requested and that parts should be offered at costs and terms "equivalent to the most favorable cost and terms" provided to an authorized repair provider. The draft also includes a provision that trade secrets need not be disclosed.

Committee members pressed for clarification about how the bill would treat untrained repairers and narrowly defined health-care facilities. A committee member (questioner 1) asked whether the bill would prevent an unqualified person — "my uncle" doing a hobby repair — from being treated as an independent repair provider; Segal replied there is “some gray area” and that the bill could be clarified to address qualifications. Another committee member asked why the definition excludes "any facility operated by religious groups relying solely on spiritual means through prayer and healing," and Segal said that language likely mirrors standard statutory clauses and recommended asking the bill sponsor for further clarification.

The draft ties enforcement to the Vermont Consumer Protection Act (cited in the draft as section 24-53), giving the attorney general authority to adopt rules and conduct investigations. Segal also noted ambiguous drafting in two places that the committee flagged: some provisions refer to equipment "sold and used in the state" while others say "sold or in use in the state," and the committee recommended harmonizing that language. He read an intended effective date of July 1, 2025.

Committee members raised liability concerns and noted the bill states OEMs and authorized repair providers are not liable for damage caused by independent repair providers, while also carving out that damage caused by defective parts supplied by OEMs would not be treated as negligent repairs by the independent repairer. The committee did not vote on H.160; members asked for sponsor input and possible drafting changes. The matter was left for additional clarification and future drafting work.