Right to Repair Advocacy Push Reiterates Need for Smart Product Exemptions

Earlier this month, the Washington branch of the Public Interest Research Group (PIRG) recapped their summer activity, which included canvassing consumers about the perks of the right to repair your own devices. And while they found “overwhelming support” for their advocacy efforts, consumers should also be aware of the inherent risks that can coincide with right to repair legislation if caveats are not properly considered. 

Last year, Washington Representative Mia Gregerson introduced the state’s own form of right to repair legislation (HB 1933). At its core, this legislation asserts that consumers should be free to repair their electronic devices, such as smartphones and laptops, without relying solely on manufacturers or authorized repair centers. But ultimately, it did not reach a consensus during last year’s session.  

However, as state legislatures like Washington plan for next year’s priorities, it is imperative that policymakers decisively address how right to repair policy could impact various sectors like health care and patient safety and consider necessary product exemptions within the proposed legislation. 

Lawmakers must acknowledge the intricate nature of medical devices and the fact they are federally regulated to maintain high standards. While acknowledging the benefits of empowering consumers to repair their electronic devices, it is equally important to recognize the distinct and complex nature of the repair and maintenance of medical devices.  

Annually, the Food and Drug Administration (FDA) receives an overwhelming number of reports, surpassing 100,000, related to devices associated with fatalities, diseases, or severe injuries. Treating medical devices, the same as less complex consumer devices, could critically impact patient safety. 

Unlike consumer devices, medical devices serve critical, life-saving functions and are subject to stringent quality and safety standards to ensure patient well-being. Allowing unregulated repair of such devices could potentially compromise their functionality, posing significant risks to patient safety. Therefore, any right to repair in Washington must incorporate clear and well-defined exemptions for medical devices, considering their unique regulatory framework and critical role in ensuring patient safety. 

Legislators must emphatically acknowledge the imperative nature of medical device exemptions within the context of right to repair. Considering the unique regulatory environment and safety-critical nature of medical devices, these exemptions should be meticulously designed to ensure that the proposed laws do not inadvertently impact their functionality or compromise patient safety.