Senate tightens rules on wheelchair warranties, service
Legislation to legalize fentanyl test strips also passed
Dan Harris, a wheelchair user who works at the Boston Center for Independent Living, said without the use of his powerchair, he cannot leave his apartment safely and a loaner chair from the company who makes the product has been a “sticking point” during all of his repairs.
“Every time I’ve called for a repair, and every time a repair is needed to be done, the first thing I ask about is, when can I get back to doing what I do, and is a loaner chair available?” he said at the State House Thursday. “And every time I’m told ‘oh, we’ll look.’”
Legislation outlining new requirements for wheelchair warranties and temporary loaner chairs unanimously cleared the Senate Thursday, alongside two other bills that legalize the use of fentanyl test strips and direct state officials to create a blue envelope people with autism can use to ease interactions with police officers.
Sen. John Cronin, the Senate sponsor of the wheelchair bill, said the proposal is “a consumer protection bill that strengthens protections under the law for those in our community, many joining us today at the State House, that rely on wheelchairs for their mobility.”
Thousands of people in Massachusetts rely on their wheelchairs for the “basic freedom to maneuver” that most others take for granted, he said.
“But when their wheelchair breaks down, too often, our neighbors, our friends, our family are stripped of this basic freedom for days or weeks or months while they wait for a service technician to assess a defect, or for a part to come in on backorder, or for the actual repair itself to be made,” he said from the floor of the Senate.
The legislation extends warranties on wheelchairs from one to two years and mandates service providers diagnose repair issues within a “reasonable assessment period” — three days for remote assessment and four days after that if an in-person assessment is required.
The proposal also requires dealers to reimburse or provide a loaner chair within four or eight days if a chair is inoperable for the duration of repairs. The Massachusetts attorney general is granted the authority to take action against anyone who violates the provisions of the bill.
Chris Hoeh, a wheelchair user from Jamaica Plain, said the need for quick repairs and loaner wheelchairs is a human rights and economic issue. He said he took his chair to be fixed in November when it broke down, and the company that made the chair said it could not be repaired until March.
While he eventually managed to get an appointment in a few weeks, he said he learned that the company only had two technicians who are able to make home appointments.
“It’s an outrage,” he said. “This legislation helps us.”
Sen. Cindy Creem, a Newton Democrat who serves as the branch’s majority leader, said legislation legalizing the use of strips to test for the presence of fentanyl in other drugs is a “common sense strategy” to prevent overdose deaths.
“All too often Massachusetts residents are overdosing when using cocaine, MDMA, ketamine and other drugs that unexpectedly contain fentanyl. This can be particularly dangerous because someone who has no tolerance for fentanyl and expects to be using a different drug is at an increased risk of overdose,” Creem said.
The final piece of legislation directs the Registry of Motor Vehicles alongside the Massachusetts Chiefs of Police Association to develop a blue envelope that persons with autism can hand to law enforcement to better facilitate an interaction. Sen. Jo Comerford, the Senate backer of the bill, said the envelope could hold things like a driver’s license, registration, or an insurance card. The envelope also has instructions on the outside for an officer or first responder to learn more about the driver’s diagnosis or potential triggers.
“It’s a very pragmatic, very simple tool,” Comerford said, while noting that Connecticut already has a similar program in place.