With increased focus on affordability, some policymakers around the country have taken up the “right to repair” mantra.  States have introduced right to repair legislation designed to give consumers more options for fixing the products they own.  

This is a generally constructive approach when applied to personal consumer devices products like smartphones or household electronics, and even larger machines like some farming equipment.

But when it comes to more sensitive areas like medical and health-related devices, there are fundamental differences that should not be ignored.  Including efforts to extend right to repair policies to complex medical devices raises serious concerns about unintended consequences. 

Some proposals would require manufacturers to provide device instructions, parts, and tools to consumers and independent repair shops.  But many in the latter category are not subject to the same FDA regulations and oversight as original manufacturers.  Without strong safeguards, increased access to parts and manuals raises the likelihood of unverified repairs.

Many health-related devices require specialized training, strict quality controls, and careful calibration to ensure they function safely and effectively.  Improper repairs can create cybersecurity vulnerabilities like exposing sensitive personal data or compromise device performance and cause malfunction or failure, leading to unnecessary and avoidable health risks for patients.

Supporters of right to repair argue that expanded access to repair materials increases consumer choice and lowers costs.  But in practice, cost-conscious hospitals may feel pressured to choose the cheapest repair option rather than the safest or most reliable one.  That tradeoff can carry significant consequences, especially for patients already facing economic hardship.

More broadly, what might appear to be short-term savings can ultimately result in higher long-term costs, including repeat repairs, needing to replace devices, and additional costs associated with health complications that may results from treatments not implemented as intended.

Lawmakers should carefully consider the unique risks associated with applying right to repair policies to intricate medical devices and equipment.  Consumer access and affordability are important goals, but patient safety must always be the top priority.  For communities already facing disparities in care, the added risks are especially concerning.