What is the Right to Repair in Healthcare?
The Right to Repair is a movement advocating for healthcare providers and third-party repair companies to have access to the tools, parts, and information needed to service and repair medical devices independently, rather than relying solely on the manufacturer.
The topic is highly debated between healthcare providers and manufacturers, with differing opinions on whether independent repairs should be permitted. Both sides raise valid concerns about the implications of the Right to Repair:
From the Healthcare Provider’s Perspective:
- Lower Repair Costs – Hospitals can save on expensive manufacturer service contracts by using in-house biomedical technicians or third-party services.
- Reduced Downtime – Faster access to repair tools means fewer delays in patient care.
- Equipment Longevity – Being able to repair devices freely extends their usable lifespan.
From the Manufacturer’s Perspective:
- Safety & Compliance Risks – Unauthorised repairs or components could lead to malfunctions, regulatory violations, or cybersecurity vulnerabilities.
- Intellectual Property (IP) Protection – Allowing unrestricted access to repair tools may expose proprietary technology, which could lead to faulty or unsafe alternatives entering the market. It also has the potential to stifle innovation or Impede investment in new technologies if inventions are not protected from being copied or exploited without compensation.
- Standardisation Challenges – Unregulated third-party repairs could result in inconsistent servicing quality, impacting patient safety.
What Impact Does Predictive Maintenance Have on Right to Repair
Predictive maintenance, powered by AI and real-time data analytics, is transforming how medical devices are maintained. By identifying potential failures before they occur, predictive maintenance helps reduce downtime and optimise servicing. However, this shift also raises concerns about repair rights and manufacturer control.
How Predictive Maintenance Helps:
- Minimises Unexpected Equipment Failures – Hospitals can pre-emptively address issues before they cause disruptions.
- Reduces Maintenance Costs in the Long Run – Early intervention prevents costly emergency repairs.
- Enhances Patient Safety – Ensures critical devices remain operational with minimal risk of malfunction.
Challenges of Predictive Maintenance in the Right to Repair Debate:
- Manufacturer Control Over Diagnostics – If only manufacturers have access to predictive analytics, hospitals may be locked into expensive service contracts.
- Potential for Increased Repair Restrictions – AI-driven maintenance could lead to software locks, making it harder for in-house technicians to service equipment.
- Data Access Limitations – If manufacturers control predictive maintenance data, hospitals and third-party technicians may lack the necessary insights to make informed repair decisions.
Countries Taking Legislative Action on Right to Repair
Governments around the world are introducing Right to Repair laws designed to promote sustainability, reduce electronic waste (e-waste), and provide consumers with more control over their products, enabling them to fix devices more affordably and extend their lifespan.
- United States:
- New York’s Digital Fair Repair Act (effective 7/1/2023): Requires manufacturers to provide repair documentation and tools for digital electronic equipment.
- Colorado’s Consumer Right to Repair Agricultural Equipment Act (effective 1/1/2024): While focused on agricultural technology, it sets a precedent for broader repair rights.
- California Right to Repair Law (effective 7/1/2024): Further strengthens consumer repair rights, though medical devices remain a grey area.
- European Union:
- Right to Repair Directive (effective 7/30/2024): Mandates that manufacturers offer affordable repair services and ensure spare parts availability. Designed to empower consumers, extend product lifespans, and reduce electronic waste.
- France’s Repairability Index (effective 1/1/2021): Requires products to have a repairability rating, encouraging manufacturers to design more serviceable equipment.
The Future of Right to Repair in Healthcare
The healthcare debate is growing more complex, with valid concerns surrounding both accessibility and control. As technologies like predictive maintenance, which depend on proprietary algorithms and data, continue to evolve, issues around intellectual property become more pronounced. Achieving a balance between fair repair access, intellectual property rights, patient safety, and regulatory compliance will be critical in shaping future policies and legislation
United States – For updates and details on the status of various Right to Repair bills, visit:
https://www.ncsl.org/technology-and-communication/right-to-repair-2023-legislation