Section 47-18-3402 - Repair of complex rehabilitation technology wheelchairs or manual wheelchairs - Parts and instructions available to independent repair providers or owner manufacturer documentation - Applicability and exclusions(a) An authorized complex rehabilitation technology supplier shall repair a complex rehabilitation technology wheelchair or manual wheelchair that the supplier sold to the consumer unless: (1) The consumer has moved outside of the original supplier's service area;(2) The repair is needed as the result of damage caused by consumer abuse or misuse of the complex rehabilitation technology that restricts the consumer's health insurance coverage, and the consumer refuses to pay for the repair; or(3) The consumer, or the consumer's representative, poses a potential threat to the health and safety of the supplier.(b) For purposes of providing services for equipment in this state, an original equipment manufacturer shall, with fair and reasonable terms and costs, make available to an independent repair provider or owner of the manufacturer's equipment any manufacturer documentation or tool that is intended for use with the equipment or any part described in subdivisions (d)(1)-(11), including updates to documentation, parts, or tools.(c) With respect to any equipment or part described in subdivisions (d)(1)-(11) that contains an electronic security lock or other security-related function, an original equipment manufacturer shall, with fair and reasonable terms and costs, make available to an independent repair provider or owner manufacturer documentation, part, or tool needed to reset the lock or function of the equipment when disabled in the course of providing services. The manufacturer may make the documentation, parts, or tools available to an independent repair provider or owner through appropriate secure release systems.(d) A consumer who owns a power wheelchair may choose to self-repair the power wheelchair or have repairs performed by an independent repair provider. This subsection (d) applies to the following items: (3) Nonprogrammable joysticks;(4) Joystick housings or brackets;(6) Nonpositioning accessories;(8) Armrests, excluding positioning components designed for adjustment by a therapist or assistive technology professional;(10) Cosmetic shrouding; and(11) Nonpower leg lowerers.(e) A consumer who owns a manual wheelchair can choose to self-repair the manual wheelchair or have repairs performed by an independent repair provider. This subsection (e) applies to all repairs, except those that require clinical involvement.(f) This section does not require an original equipment manufacturer to divulge a trade secret, except as necessary to provide documentation, parts, tools, service access methods, and training courses and materials on fair and reasonable terms.(g) An original equipment manufacturer is not liable for faulty or otherwise improper repairs provided by an independent repair provider or owner, including faulty or otherwise improper repairs that cause:(1) Damage to the power wheelchair that occurs during the repair;(2) Indirect, incidental, special, or consequential damage; or(3) An inability to use, or a reduced functionality of, a power wheelchair resulting from the repair.(h) The department of commerce and insurance shall develop an attestation statement that the authorized complex rehabilitation technology supplier must submit affirming compliance with the applicable repair and service requirements of this section.(i) An authorized complex rehabilitation technology supplier may offer preventative maintenance visits at the supplier's discretion, and such maintenance visits may be performed when the supplier is repairing the equipment for an unrelated issue.(j) This section does not apply to a repair by an independent repair provider that would require programmability or clinical involvement to ensure appropriate patient seating and positioning.Added by 2024 Tenn. Acts, ch. 1050,s 1, eff. 7/1/2024.