Business and Professions Code - BPC - BPC § 21301

Summary

(a) For the purpose of providing services for equipment in the 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, documentation, parts, embedded soft

Text

(a)
For the purpose of providing services for equipment in the 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, documentation, parts, embedded software, firmware, or tools that are intended for use with the equipment or any part listed in subdivision (c), including updates to documentation, parts, embedded software, firmware, or tools.
(b)
Regarding subdivision (c), with respect to equipment 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 independent repair providers and owners documentation, parts, embedded software, firmware, or tools needed to reset the lock or function when disabled in the course of providing services. The manufacturer may make the documentation, parts, embedded software, firmware, or tools available to independent repair providers and owners through appropriate secure release
systems.
(c)
For powered wheelchairs subject to Section 14132.8 of the Welfare and Institutions Code, this section shall not apply to any part that would require programmability, calibration, or clinical involvement to ensure appropriate patient seating and positioning. Items included in this section for powered wheelchairs subject to Section 14132.8 of the Welfare and Institutions Code shall include:
(1)
Batteries.
(2)
Battery chargers.
(3)
Nonprogrammable joysticks.
(4)
Joystick housings or brackets.
(5)
Wheel assembly.
(6)
Nonpositioning accessories.
(7)
Antitip devices.
(8)
Armrests, excluding positioning components designed for adjustment by a therapist or assistive technology professional.
(9)
Caster spheres.
(10)
Cosmetic shrouding.
(11)
Floor mats.
(12)
Floor plates.
(13)
Nonpowered leg lowerers.

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• #1 | Business and Professions Code - BPC - BPC § 21301

  (a) For the purpose of providing services for equipment in the 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, documentation, parts, embedded software, firmware, or tools that are inte…