2024 -- H 7939

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO COMMERCIAL LAW -- GENERAL REGULATORY PROVISIONS --

UNFAIR SALES PRACTICES

     Introduced By: Representative Alex D. Marszalkowski

     Date Introduced: March 05, 2024

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 6-13 of the General Laws entitled "Unfair Sales Practices" is hereby

amended by adding thereto the following section:

     6-13-22. Continuous glucose monitors.

     (a) Definition. For purposes of this section, "glucose monitor" means a device designed to

be placed upon or into a person for the purpose of monitoring and recording blood glucose (sugar)

levels in a person with diabetes mellitus. Said device consists of a sensory unit which monitors

glucose levels and transmits readings to another (receiving) device. The receiving unit shows the

user current glucose levels as well as past levels and calculates possible levels, warning user of low

glucose levels that pose a safety risk to the individual user and also to the general public due to the

possibility of the user becoming unconscious.

     (b) It shall be unlawful for any retailer, to sell within this state, any glucose monitors

without having a replacement policy for glucose monitors that fail or are defective and any sensors

thereto that provides for an immediate, point of sale replacement or replacement within twenty-

four (24) hours at no charge to the consumer for any glucose monitors sold by the retailer.

     (c) Failure of the glucose monitor shall include the following defects:

     (1) Failure of the sensor unit to adhere to an individual due to the absence of adhesive;

     (2) Failure of the sensor to adhere upon placement of the device to the individual;

     (3) Failure of probe to enter the skin of the person and enter the subcutaneous tissue,

rendering the device unable to function;

     (4) Failure to adhere to the individual under normal operating conditions and under normal

daily use and activities within the intended usage time of the sensor unit; and

     (5) Failure of the device to communicate with a receiver for the following reasons:

     (i) The sensor claims to have been scanned by another receiving device and will not work

with the intended receiver;

     (ii) The scanner prematurely stops working prior to its intended end of usage time, claiming

it has reached its intended usage time but has not;

     (iii) The electronics malfunction thus rendering the device inoperable, including expired

battery; and

     (iv) The receiving device fails due to electronic malfunction or the inability to be able to

recharge the battery.

     (d) Retailers inventory. Retailers of glucose monitors shall maintain a sufficient inventory

of the monitors or have sufficient replacement vendors to enable replacement within twenty-four

(24) hours to any customer who has purchased a glucose monitor from the retailer. Any retailer

unable to meet the immediate replacement request requirement shall, upon the valid request for

replacement of a defective glucose monitor:

     (1) Obtain a replacement within twenty-four (24) hours of the request by the consumer;

     (2) Arrange for the delivery of a replacement glucose monitor to the consumer within

twenty-four (24) hours; or

     (3) Inform and direct the customers to a location where a replacement glucose monitor may

be obtained with the cost of the monitor being the responsibility of the retailer who sold the

defective glucose monitor.

     (e) Notice. All retailers of glucose monitors shall display at the point of sale location a copy

of this section of law and a sign explaining the customer's rights to a replacement glucose monitor

pursuant to this section and the contact information for the customer protection division of the

attorney general's office.

     (f) Reporting. Retailers affected by the provisions of this section shall annually report to

the department of health:

     (1) The total number of glucose monitoring devices returned to their store;

     (2) The total number of glucose monitoring devices returned by the retailer to the

manufacturers;

     (3) The number of replacement glucose monitors provided by the manufacturer; and

     (4) The total amount of time spent replacing the glucose monitors.

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     (g) Exemptions. The provisions of the section shall not apply to:

     (1) Any device that receives signals including, but not limited to, cell phones; and

     (2) Any damage to a glucose monitor caused by misuse or mistreatment.

     (h) Penalties. Any person who violates the provisions of this section shall be guilty of a

misdemeanor and shall pay a fine of five hundred dollars ($500).

     SECTION 2. This act shall take effect on January 1, 2025.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COMMERCIAL LAW -- GENERAL REGULATORY PROVISIONS --

UNFAIR SALES PRACTICES

***

     This act would require retailers of glucose monitors to provide a free, point of sale

replacement for any broken or defective monitor within twenty-four (24) hours of the request.

     This act would take effect on January 1, 2025.

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