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  • Summary date: Apr 20 2023 - View Summary

    Enacts new Article 51 to GS Chapter 66. Names the act the “Medical Equipment Right to Repair Act.”  Defines original equipment manufacturer (OEM) as an individual or entity that is engaged in the business of manufacturing and selling, leasing, or otherwise supplying medical imaging and radiation therapy equipment to others. Also defines authorized repair provider, independent repair provider, medical imaging equipment, medical radiation therapy equipment, owner, part, support documentation, tool, and trade secret.

    Lists three requirements for OEM’s that manufacture medical imaging equipment or medical radiation therapy equipment in the State in new GS 66-500.1, including: (1) having the OEM make available to any hospital or independent repair provider any support documentation, parts, or tools necessary to perform diagnostic, maintenance, or repair services of the manufacturer's medical imaging or radiation therapy equipment subject to certain terms; (2) permitting OEM’s to delegate the requirements of GS  66-500.1 to an authorized repair provider so long as the repair provider satisfies the statutory requirements on behalf of the OEM; and (3) requires the OEM that offers training courses or training materials on inspection and repair of the equipment, to also offer the same courses or materials to owners and independent repair providers.

    Specifies that any violation Article 51 is an unfair or deceptive trade practice. Sets forth rules of construction pertaining to trade secrets and individual contracts.  Specifies that no OEM or authorized repair provider is liable for any damage caused to medical imaging or radiation therapy equipment or injury caused to an owner or independent repair provider which occurs during repair, diagnosis, or maintenance of the equipment.

    Effective July 1, 2024, and applies to equipment in use on or after that date.