EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0382*
SENATE BILL 382
I3 5lr0985
CF HB 31
By: Senators Kagan, Gile, Hester, King, Sydnor, M. Washington, and West
Introduced and read first time: January 17, 2025
Assigned to: Finance
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 10, 2025
CHAPTER ______
AN ACT concerning 1
Consumer Protection – Right to Repair – Powered Wheelchairs 2
FOR the purpose of requiring, in order to make repairs to powered wheelchairs, that a 3
certain manufacturer make available certain documentation, parts, embedded 4
software, firmware, and tools to a certain independent repair provider or owner of a 5
powered wheelchair; and generally relating to the repair of powered wheelchairs. 6
BY repealing and reenacting, with amendments, 7
Article – Commercial Law 8
Section 13–301(14)(xliv) 9
Annotated Code of Maryland 10
(2013 Replacement Volume and 2024 Supplement) 11
(As enacted by Chapters 262, 454, 455, 460, 461, 463, and 962 of the Acts of the 12
General Assembly of 2024) 13
BY repealing and reenacting, without amendments, 14
Article – Commercial Law 15
Section 13–301(14)(xlv) 16
Annotated Code of Maryland 17
(2013 Replacement Volume and 2024 Supplement) 18
(As enacted by Chapters 262, 454, 455, 460, 461, 463, and 962 of the Acts of the 19
General Assembly of 2024) 20
BY adding to 21
Article – Commercial Law 22 2 SENATE BILL 382
Section 13–301(14)(xlvi); and 14–5001 through 14–5004 to be under the new subtitle 1
“Subtitle 50. Powered Wheelchairs Repair” 2
Annotated Code of Maryland 3
(2013 Replacement Volume and 2024 Supplement) 4
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5
That the Laws of Maryland read as follows: 6
Article – Commercial Law 7
13–301. 8
Unfair, abusive, or deceptive trade practices include any: 9
(14) Violation of a provision of: 10
(xliv) Title 14, Subtitle 49 of this article; [or] 11
(xlv) Section 12–6C–09.1 of the Health Occupations Article; or 12
(XLVI) TITLE 14, SUBTITLE 50 OF THIS ARTICLE; OR 13
SUBTITLE 50. POWERED WHEELCHAIRS REPAIR. 14
14–5001. 15
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 16
INDICATED. 17
(B) (1) “AUTHORIZED REPAIR PRO VIDER” MEANS A PERSON THAT IS 18
UNAFFILIATED WITH A MANUFACTURER AND , FOR THE PURPOSE OF O FFERING TO 19
PROVIDE SERVICES TO AN OWNER OF THE MANUFAC TURER’S EQUIPMENT 20
REGARDING THE OWNER ’S EQUIPMENT OR PART , HAS: 21
(I) AN ARRANGEMENT WITH T HE MANUFACTURER UNDE R 22
WHICH THE MANUFACTUR ER GRANTS TO THE PER SON A LICENSE TO USE A TRADE 23
NAME, A SERVICE MARK , OR ANY OTHER PROPRIETARY IDEN TIFIER; OR 24
(II) AUTHORIZATION UNDER A NOTHER ARRANGEMENT T O ACT 25
ON BEHALF OF THE MAN UFACTURER . 26
(2) “AUTHORIZED REPAIR PRO VIDER” INCLUDES A MANUFACTU RER 27
WHEN THE MANUFACTURE R: 28
SENATE BILL 382 3
(I) OFFERS TO PROVIDE SER VICES TO AN OWNER OF THE 1
MANUFACTURER ’S EQUIPMENT REGARDIN G THE OWNER ’S EQUIPMENT OR PART ; 2
AND 3
(II) DOES NOT HAVE ANY ARR ANGEMENT DESCRIBED I N 4
PARAGRAPH (1) OF THIS SUBSECTION W ITH AN UNAFFILIATED PERSON. 5
(C) “DOCUMENTATION ” MEANS ANY MANUAL , DIAGRAM, REPORTING 6
OUTPUT, SERVICE CODE DESCRIPTION , SCHEMATIC, OR OTHER INFORMATION , 7
WHETHER IN ELECTRONI C OR TANGIBLE FORMAT , THAT A MANUFACTURER 8
PROVIDES TO AN AUTHO RIZED REPAIR PROVIDE R FOR THE PURPOSE OF ASSISTING 9
THE AUTHORIZED REPAI R PROVIDER WITH SERV ICES PERFORMED ON TH E 10
MANUFAC TURER’S EQUIPMENT OR PART . 11
(D) (1) “EMBEDDED SOFTWARE ” MEANS PROGRAMMABLE 12
INSTRUCTIONS PROVIDE D ON FIRMWARE DELIVE RED WITH AN ELECTRON IC 13
COMPONENT OF EQUIPME NT OR A PART TO REST ORE OR IMPROVE OPERA TION OF 14
THE EQUIPMENT OR PAR T. 15
(2) “EMBEDDED SOFTWARE ” INCLUDES ALL RELEVAN T PATCHES 16
AND FIXES THAT THE M ANUFACTURER MAKES TO EQUIPMENT OR A PART TO 17
RESTORE OR IMPROVE T HE EQUIPMENT OR PART . 18
(E) “EQUIPMENT” MEANS A POWERED WHEE LCHAIR. 19
(F) “FAIR AND REASONABLE T ERMS AND COSTS ” MEANS: 20
(1) WITH RESPECT TO OBTAINING FROM A MAN UFACTURER ANY 21
DOCUMENTATION , PARTS, EMBEDDED SOFTWARE , FIRMWARE, OR TOOLS IN ORDER 22
TO PROVIDE SERVICES : 23
(I) TERMS THAT ARE EQUIVA LENT TO THE MOST FAV ORABLE 24
TERMS THE MANUFACTUR ER OFFERS TO AN AUTH ORIZED REPAIR PROVID ER; AND 25
(II) COSTS THAT DO NOT EXC EED THE MANUFACTURER ’S 26
SUGGESTED RETAIL PRI CE, CALCULATED USING NET COSTS INCURRED AND 27
ACCOUNTING FOR ANY D ISCOUNTS, REBATES, OR INCENTIVES OFFERE D; 28
(2) WITH RESPECT TO OBTAI NING FROM A MANUFACT URER ANY 29
DOCUMENTATION TO PRO VIDE SERVICES, TERMS AND COSTS ON W HICH THE 30
MANUFACTURER AGREES TO PROVIDE THE DOCUM ENTATION AND ANY REL EVANT 31
UPDATES AT NO CHARGE OTHER THAN , AT MOST, A CHARGE FOR THE 32
MANUFACTURER ’S ACTUAL COSTS TO PR EPARE AND SEND THE P RINTED COPY OF 33
THE DOCUMENTATION ; AND 34 4 SENATE BILL 382
(3) WITH RESPECT TO OBTAI NING FROM A MANUFACT URER TOOLS 1
THAT ARE SOFTWARE PR OGRAMS, TERMS AND COSTS ON W HICH THE 2
MANUFACTURER AGREES TO PROVIDE THE TOOLS : 3
(I) AT NO CHARGE AND WITH OUT REQUIRING AUTHOR IZATION 4
OR INTERNET ACCESS , OR IMPOSING IMPEDIME NTS TO ACCESS OR USE THE TOOLS; 5
(II) DURING THE COURSE OF PERFORMING A DIAGNOS IS, 6
MAINTENANCE , OR A REPAIR AND IN A MANNER THAT ENABLES FULL 7
FUNCTIONALITY OF THE EQUIPMENT OR PART ; AND 8
(III) IN A MANNER THAT DOES NOT IMPAIR THE EFFIC IENT AND 9
COST–EFFECTIVE PERFORMANCE OF THE EQUIPMENT OR PAR T. 10
(G) “FIRMWARE” MEANS A SOFTWARE PRO GRAM OR SET OF INSTR UCTIONS 11
PROGRAMMED ON EQUIPM ENT OR A PART TO ALL OW THE EQUIPMENT OR PART TO 12
COMMUNICATE WITH ITS ELF OR WITH OTHER CO MPUTER HARDWARE . 13
(H) (1) “INDEPENDENT REPAIR PROVIDER ” MEANS A PERSON IN TH E 14
STATE THAT IS: 15
(I) EXCEPT AS PROVIDED IN PARAGRAPH (2)(I) OF THIS 16
SUBSECTION, NEITHER A MANUFACTUR ER’S AUTHORIZED REPAIR PROVIDER NOR 17
AFFILIATED WITH A MA NUFACTURER ’S AUTHORIZED REPAIR PROVIDER; AND 18
(II) ENGAGED IN OFFERING OR PR OVIDING SERVICES . 19
(2) “INDEPENDENT REPAIR PR OVIDER” INCLUDES: 20
(I) AN AUTHORIZED REPAIR PROVIDER IF THE AUTH ORIZED 21
REPAIR PROVIDER IS O FFERING OR PROVIDING SERVICES FOR A DIFFE RENT 22
MANUFACTURER OTHER T HAN THE MANUFACTURER WITH WHOM THE AUTHORIZED 23
REPAIR PROVIDER HAS AN ARRANGEMENT AS DE SCRIBED SUBSECTION (B)(1) OF 24
THIS SECTION; AND 25
(II) A MANUFACTURER THAT OF FERS OR PROVIDES SER VICES 26
FOR ANOTHER MANUFACT URER’S EQUIPMENT OR PART . 27
(I) “MANUFACTURER ” MEANS A PERSON DOING BUSINESS IN THE STATE 28
AND ENGAGED IN THE B USINESS OF SELLING , LEASING, OR SUPPLYING NEW 29
EQUIPMENT OR PARTS M ANUFACTURED BY OR ON BEHALF OF ITSELF TO ANY 30
INDIVIDUAL, BUSINESS, OR OTHER ENTITY . 31
SENATE BILL 382 5
(J) “OWNER” MEANS A PERSON THAT OWNS EQUIPMENT OR AN AGENT OF 1
THE OWNER. 2
(K) “PART” MEANS A NEW OR USED REPLACEMENT COMPONEN T FOR 3
EQUIPMENT THAT A MAN UFACTURER OFFERS FOR SALE OR MAKES AVAILA BLE FOR 4
THE PURPOSE OF PROVI DING SERVICES. 5
(L) “POWERED WHEELCHAIR ” MEANS A MOTORIZED WH EELED DEVICE 6
DESIGNED FOR USE BY A PERSON WITH A PHYSICAL D ISABILITY. 7
(M) “SERVICES” MEANS DIAGNOSTICS , MAINTENANCE , OR REPAIRS 8
PERFORMED ON EQUIPME NT OR PARTS. 9
(N) (1) “TOOL” MEANS ANY SOFTWARE P ROGRAM, HARDWARE 10
IMPLEMENT, OR OTHER APPARATUS U SED FOR DIAGNOSIS , MAINTENANCE , OR 11
REPAIR OF EQ UIPMENT OR PARTS . 12
(2) “TOOL” INCLUDES SOFTWARE OR OTHER MECHANISMS THA T 13
PROVIDE, PROGRAM, OR PAIR A NEW PART , CALIBRATE FUNCTIONAL ITY, OR 14
PERFORM ANY OTHER FU NCTION REQUIRED TO R ETURN THE EQUIPMENT OR PART 15
TO FULLY FUNCTIONAL CONDITION. 16
(O) “TRADE SECRET” HAS THE MEANING STAT ED IN § 11–1201 OF THIS 17
ARTICLE. 18
14–5002. 19
(A) THIS SECTION APPLIES ONLY TO DOCUMENTATIO N, PARTS, EMBEDDED 20
SOFTWARE, FIRMWARE, OR TOOLS THAT ARE NE CESSARY FOR AN INDEP ENDENT 21
REPAIR PROVIDER OR O WNER TO PERFORM SERV ICES WITH RESPECT TO THE 22
FOLLOWING PARTS : 23
(1) BATTERIES AND BATTERY CHARGERS; 24
(2) NONPROGRAMMABLE JOYST ICKS; 25
(3) JOYSTICK HOUSINGS OR BRACKETS; 26
(4) WHEEL ASSEMBLIES ; 27
(5) NONPOSITIONING ACCESS ORIES; 28
(6) ANTI–TIP DEVICES; 29
6 SENATE BILL 382
(7) EXCEPT FOR POSITIONING COMPONEN TS DESIGNED FOR 1
ADJUSTMENT BY A THER APIST OR AN ASSISTIV E TECHNOLOGY PROFESS IONAL, 2
ARMRESTS; 3
(8) CASTER SPHERES ; 4
(9) COSMETIC SHROUDING ; AND 5
(10) NONPOWERED LEG LOWERE RS. 6
(B) EXCEPT AS PROVIDED IN SUBSECTION (C) (D) OF THIS SECTION, TO 7
PROVIDE SERVICES FOR EQUIPMENT IN THE STATE, A MANUFACTURER SHALL , ON 8
FAIR AND REASONABLE TERMS AND COSTS , MAKE AVAILABLE TO AN INDEPENDENT 9
REPAIR PROVIDER OR O WNER OF THE MANUFACT URER’S EQUIPMENT ANY 10
DOCUMENTATION , PARTS, EMBEDDED SOFTWARE , FIRMWARE, OR TOOLS THAT ARE 11
INTENDED FOR USE WIT H THE EQUIPMENT OR A NY PART, INCLUDING UPDATES TO 12
DOCUMENTATION , PARTS, EMBEDDED SOFTWARE , FIRMWARE, OR TOOLS. 13
(B) (C) (1) FOR EQUIPMENT THAT CO NTAINS AN ELECTRIC S ECURITY 14
LOCK OR OTHER SECURI TY–RELATED FUNCT IONS, A MANUFACTURER SHALL , ON 15
FAIR AND REASONABLE TERMS AND COSTS , MAKE AVAILABLE TO IN DEPENDENT 16
REPAIR PROVIDERS ANY DOCUMENTATION , PARTS, EMBEDDED SOFTWARE , 17
FIRMWARE, OR TOOLS NEEDED TO R ESET THE LOCK OR FUN CTION WHEN DISABLED 18
IN THE COURSE OF PRO VIDING SERVICES. 19
(2) THE MANUFACTURER MAY MAKE THE DOCUMENTATI ON, PARTS, 20
EMBEDDED SOFTWARE , FIRMWARE, OR TOOLS AVAILABLE T O INDEPENDENT REPAIR 21
PROVIDERS AND OWNERS THROUGH APPROPRIATE SECURE RELEASE SYSTE MS. 22
(C) (D) (1) THE REQUIREMENTS OF S UBSECTION (A) (B) OF THIS 23
SECTION DO NOT APPLY TO: 24
(I) A PART THAT IS NO LONG ER AVAILABLE TO THE ORIGINAL 25
MANUFACTURER ; AND 26
(II) CONDUCT THAT WOULD RE QUIRE THE MANUFACTUR ER TO 27
DIVULGE A TRADE SECR ET, UNLESS COMPLIANCE WI TH SUBSECTION (A) (B) OF THIS 28
SECTION IS NECESSARY TO PROVIDE SERVICES ON THE GROU NDS THAT THE 29
DOCUMENTATION , PART, EMBEDDED SOFTWARE , FIRMWARE, OR TOOL IS ITSELF A 30
TRADE SECRET . 31
(2) A MANUFACTURER MAY MAK E REDACTIONS TO REMO VE TRADE 32
SECRETS FROM THE DOC UMENTATION BEFORE PR OVIDING THE DOCUMENT ATION 33 SENATE BILL 382 7
IF THE USABILITY OF THE REDACTED DOCUMEN TATION IS NOT DIMINI SHED FOR 1
PURPOSES OF PROVIDIN G SERVICES. 2
(D) (E) A MANUFACTURER IS NOT LIABLE FOR FAULTY OR IMPROPER 3
REPAIRS PROVIDED BY INDEPENDENT REPAIR P ROVIDERS OR OWNERS , INCLUDING 4
FAULTY OR IMPROPE R REPAIRS THAT CAUSE : 5
(1) DAMAGE TO EQUIPMENT T HAT OCCURS DURING TH E REPAIRS; 6
(2) ANY DIRECT , INCIDENTAL, SPECIAL, OR CONSEQUENTIAL 7
DAMAGES; OR 8
(3) AN INABILITY TO USE , OR A REDUCED FUNCTIO NALITY OF, 9
EQUIPMENT THAT RESUL TS FROM THE FAULTY O R IMPROPER REPAIR . 10
14–5003. 11
(A) NOTHING IN THIS SUBTI TLE MAY BE CONSTRUED TO: 12
(1) LIMIT THE LIABILITY O F A PERSON UNDER A P RODUCTS LIABILITY 13
CLAIM; OR 14
(2) REQUIRE A MANUFACTURE R TO PROVIDE AN INDE PENDENT 15
REPAIR PROVIDER OR O WNER ACCESS TO INFOR MATION, OTHER THAN 16
DOCUMENTATION NECESS ARY FOR COMPLIANCE W ITH THIS SUBTITLE , THAT THE 17
MANUFACTURER PROVIDE S TO AN AUTHORIZED R EPAIR PROVIDER UNDER A 18
CONTRACT OR OTHER AR RANGEMENT . 19
(B) THE REQUIREMENTS AND REMEDIES PROVIDED UN DER THIS SUBTITLE 20
MAY NOT BE WAIV ED OR LIMITED BY A C ONTRACT OR OTHER ARR ANGEMENT. 21
14–5004. 22
A VIOLATION OF THIS SU BTITLE IS: 23
(1) AN UNFAIR, ABUSIVE, OR DECEPTIVE TRADE P RACTICE WITHIN 24
THE MEANING OF TITLE 13 OF THIS ARTICLE; AND 25
(2) SUBJECT TO THE ENFORC EMENT AND PENALTY PROVISIONS 26
CONTAINED IN TITLE 13 OF THIS ARTICLE. 27
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 28
apply only prospectively and may not be applied or interpreted to have any effect on or 29
application to any contract that is executed between an authorized repair provider and a 30 8 SENATE BILL 382
manufacturer, as those terms are defined in § 14–5001 of the Commercial Law Article, as 1
enacted by Section 1 of this Act, before the effective date of this Act. 2
SECTION 3. AND BE IT FURTHER ENACTED, That thi s Act shall take effect 3
October 1, 2025. 4
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.