The medical right to repair: the right to save lives

Abstract

Throughout the COVID-19 pandemic, hospitals worldwide have reported inadequate supplies of crucial equipment1Ranney ML Griffeth V Jha AK Critical supply shortages—the need for ventilators and personal protective equipment during the COVID-19 pandemic.N Engl J Med. 2020; 382: e41Crossref PubMed Scopus (1104) Google Scholar such as ventilators, haemodialysis machines, personal protective equipment, and decontamination equipment. Having functional crucial equipment is essential for hospitals to meet patient care needs, especially now, when there is a demand for nearly every ventilator to be called into near constant service in COVID-19 hotspots worldwide. With high-use demands brought on by COVID-19, even for newer equipment, repair and maintenance issues arise from high use related to patient volume, acuity, and turnover. COVID-19 has forced hospitals to use ventilators that have been in storage for many years,2Mansoor S California Gov Gavin Newsom says federal government sent ‘170 broken ventilators’.https://time.com/5812147/california-coronavirus-broken-ventilatorsDate: March 29, 2020Date accessed: January 5, 2021Google Scholar including some that were previously decommissioned. COVID-19 emphasises the longstanding refusal by manufacturers to provide information for repairing medical equipment.3Proctor N O'Reilly K Hospital repair restrictions, manufacturer-imposed barriers to fixing medical equipment cause inefficiencies and delays.https://uspirg.org/sites/pirg/files/reports/Hospital_Repair_Restrictions_USPEF_7.8.20b.pdfDate: July 8, 2020Date accessed: January 5, 2021Google Scholar For years, manufacturers have curtailed the ability of hospitals to independently repair and maintain medical equipment by preventing access to the necessary knowledge, software, tools, and parts.3Proctor N O'Reilly K Hospital repair restrictions, manufacturer-imposed barriers to fixing medical equipment cause inefficiencies and delays.https://uspirg.org/sites/pirg/files/reports/Hospital_Repair_Restrictions_USPEF_7.8.20b.pdfDate: July 8, 2020Date accessed: January 5, 2021Google Scholar A solution exists—one that exists in other sectors of our economy. The right to repair is the right of consumers to repair and modify their own consumer electronic devices, such as mobile phones and automobiles. The European Commission announced plans in March, 2020, for new rules for the right to repair that would cover mobile phones, tablets, and laptops by 2021.4European ParliamentTowards a more sustainable single market for business and consumers.https://www.europarl.europa.eu/doceo/document/A-9-2020-0209_EN.html#Date: March 11, 2020Date accessed: January 5, 2021Google Scholar In the USA, Massachusetts state passed the country's first Motor Vehicle Owners' Right to Repair Act in 2012,5Robertson A Massachusetts passes ‘right to repair’ law to open up car data.https://www.theverge.com/2020/11/4/21549129/massachusetts-right-to-repair-question-1-wireless-car-data-passesDate: Nov 4, 2020Date accessed: January 5, 2021Google Scholar requiring automobile manufacturers to provide the necessary information for anyone to repair their vehicles. There is an opportunity now for the medical community to ensure that the medical field benefits from access rights to open data that are similar to the rights for consumer electronics and automobiles. In August, 2020, Senator Ron Wyden of Oregon introduced the Critical Medical Infrastructure Right-to-Repair Act of 2020,6Wyden R Wyden and Clarke introduce bill to eliminate barriers to fixing critical medical equipment during the pandemic.https://www.wyden.senate.gov/news/press-releases/wyden-and-clarke-introduce-bill-to-eliminate-barriers-to-fixing-critical-medical-equipment-during-the-pandemic-Date: Aug 6, 2020Date accessed: January 2, 2021Google Scholar removing barriers to fixing medical equipment during the COVID-19 pandemic that were imposed by manufacturers. This bill requires that manufacturers provide, on fair and reasonable terms, access to information and tools that can be used to diagnose, maintain, or repair medical equipment. The law also allows owners, lessees, and services for medical equipment to repair or maintain crucial medical infrastructure in response to COVID-19. During these extraordinary times, such legislation for the right to repair not only moves the medical field in a more affordable, efficient, and sustainable direction but also enables life-saving services to continue to be available at times of high stress. SH is an unpaid board member of GetUsPPE. DL is chief operating officer of CovidActNow. JL reports grants from Beckman Coulter and Nihon-Kohden; and personal fees from Butterfly Network, unrelated to this Correspondence.