Amends TCA Title 47, Chapter 18.

This bill requires a manufacturer of powered wheelchairs to do the following: <br /> <br /> (1) For the purpose of providing services for a powered wheelchair, make available to an independent repair provider ("provider") or owner of the manufacturer's powered wheelchair documentation, parts, embedded software, firmware, or tools that are intended for use with the powered wheelchair; and <br /> <br /> (2) With respect to a powered wheelchair that contains an electronic security lock or other security-related function, make available to a provider and owner documentation, parts, embedded software, firmware, or tools needed to reset the lock or function when disabled in the course of providing services.<br /> <br /> EXEMPTIONS/LIMITATIONS<br /> <br /> This bill clarifies that the requirements above do not apply to the following:<br /> <br /> (1) A part that is no longer available to the manufacturer; or<br /> <br /> (2) Conduct that would require the manufacturer to divulge a trade secret; except that a manufacturer must not refuse to make available to a provider or owner documentation, parts, embedded software, firmware, or tools necessary to provide services on grounds that such items are themselves trade secrets.<br /> <br /> This bill also provides that a manufacturer is not liable for faulty or otherwise improper repairs provided by a provider or owner.<br /> <br /> This bill does not alter the terms of a contract or other arrangement between a manufacturer and an authorized provider, nor does it require a manufacturer to provide a provider or owner access to information, other than documentation, that the manufacturer provides to an authorized provider pursuant to a contract or other arrangement with the authorized provider. However, this bill does not exempt a manufacturer from a products liability claim that is otherwise authorized by law. <br /> <br /> VOID CONTRACTS<br /> <br /> A contract or other arrangement, or renewal of such, that a manufacturer enters into on or after January 1, 2024, that has language that waives, avoids, restricts, or limits the manufacturer's obligations under this bill is void.<br /> <br /> REMEDIES<br /> <br /> This bill provides that a violation of this bill constitutes a violation of the Tennessee Consumer Protection Act of 1977 and is subject to the penalties and remedies as provided in that act. This bill authorizes the attorney general to have all of the investigative and enforcement authority under that act relating to violations of this bill.<br />