The right to repair medical devices movement is gaining momentum, with all 50 states in the U.S. now addressing the issue through legislation.
Among the states with active right to repair legislation in 2025 are Vermont, New Mexico, Wisconsin, Florida, Washington, Texas, Illinois, Tennessee, Missouri, Kansas, Indiana, Virginia, Maryland, New Jersey, Massachusetts, Connecticut, and others, according to repair and service industry advocate Repair.org. Meanwhile, states such as New York, Oregon, and Minnesota continue to enhance their existing laws, the organization said.
States have taken various approaches and had varying levels of success with their right to repair laws. These laws can differ by jurisdiction but often encompass certain barriers to repairs and services, including but not limited to the following:
- Access to diagnostic tools, replacement parts, software, and firmware
- Ability to bypass software locks that prevent repairs
- Retaliatory measures from manufacturers, such as voiding warranties
- Restrictive end user license agreements
- Unfair and deceptive service contracts
- Documentation, i.e., repair manuals, schematics, and other documentation to facilitate effective repairs
- Exemptions that create repair monopolies
“Now that Wisconsin filed their first Right to Repair legislation, we’ve completed the sweep of getting bills filed in all 50 states," said Gay Gordon-Byrne, executive director at Repair.org in a February update. "This proves that Right to Repair is needed everywhere – and we are well on our way towards making that happen.”
In Vermont, for example, VT H106 was proposed February 5. If enacted, this right to repair for medical devices legislation would take effect July 1. As introduced, it requires manufacturers of medical devices to make available to hospitals and independent service organizations, on fair and reasonable terms, the documentation, parts, and tools used to diagnose, maintain, and repair medical devices, among other provisions.
VT H106 describes the term "tools" as well, describing them as any software program, service key, hardware implement, or other apparatus used for diagnosis, maintenance, or repair of medical equipment, including software or other mechanisms that:
- Provision, program, or pair a new part or to facilitate access to the equipment’s repair and diagnostic functions or calibrate functionality; and
- Perform any other function required to bring the product back to fully functional condition, including any updates.
The U.S. Justice Department’s Antitrust Division and Federal Trade Commission (FTC) have advocated for regulations and right to repair policies that would facilitate businesses’ right to repair products.
"Manufacturers use technology protection measures to protect copyrighted works from theft and infringing uses, but these software locks can also be used to prevent non-infringing third-party repair," the Justice Department and FTC said last year. Federal antitrust laws have long protected competition in aftermarkets, such as markets for replacement parts and repair services by independent dealers, the offices noted.
Facing some opposition from the medical technology industry, the FTC planned to closely coordinate with state law enforcement and policymakers to update existing law and regulation to advance the goal of open repair markets. The commission also planned to scrutinize repair restrictions for violations of antitrust laws and unfair acts or practices.
