H.R. 5039: Wheelchair Right to Repair Act

This bill, titled the "Wheelchair Right to Repair Act," aims to enhance access to repair information and tools for powered mobility assistance devices, like motorized wheelchairs, for their owners and independent repair providers. The key aspects of the bill are as follows:

1. Legal Exceptions for Repair

The bill adjusts copyright laws to allow individuals to bypass technological measures that restrict access to software and information necessary for diagnosing, maintaining, or repairing powered mobility assistance devices. This means:

• Individuals can legally circumvent copyrights to help fix their own devices.
• Manufacturers cannot sue someone for using their technology to perform repairs on these devices.

2. Obligations of Manufacturers

Manufacturers of powered mobility assistance devices are required to:

• Provide necessary documentation, parts, and software to owners and independent repair providers in a timely and fair manner.
• Ensure this includes information on any security-related functions that may be part of the device.

3. Notification Requirements

After the bill is enacted, manufacturers must:

• Provide clear information about the rights of owners and independent repair providers regarding access to repair information.
• Establish a public process for making requests for tools and documentation needed for repairs.
• Include this information in any purchase documentation for powered mobility assistance devices.

4. Enforcement Mechanisms

The bill empowers the Federal Trade Commission (FTC) to enforce compliance with these provisions and allows state attorneys general to bring civil actions against manufacturers who violate the bill.

5. Liability Protections

Manufacturers and authorized repair providers will not be liable for damages resulting from repairs performed by independent providers unless those damages are due to defects in the device itself.

6. Definitions

Key terms within the bill include:

• Powered Mobility Assistance Device: A motorized wheeled device or wearable robotic device designed to assist individuals with physical disabilities.
• Independent Repair Provider: A service provider that does not have an arrangement with the manufacturer and focuses on diagnosing, maintaining, or repairing powered mobility assistance devices.

Relevant Companies

• INVO Bioscience (INVZ): This company may face impacts related to their disability product lines as consumer access to repair resources increases.
• SteadyMed Therapeutics (STDY): Might be affected in terms of market expectations and compliance in providing repair documentation for their medical devices.