2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 36B - Assistive Technology Equipment Guarantee (§§ 851 — 859) › § 851 - Definitions

The following words or phrases shall have the meaning provided below:
(1) Reasonable accommodation.— The adequate or reasonable adjustment, through the assistive technology, which allows or enables a person with physical, mental or sensory limitations, who is qualified for the job, to perform or carry out the tasks assigned to a job description or definition. It includes adjustments in the work area, construction of physical facilities, acquisition of assistive technology equipment, provision of readers, assistants, drivers, or interpreters, and any other action which reasonably facilitates adjustment to the workplace of a person with physical, mental, or sensory limitations, and which does not represent an extremely onerous effort in financial terms.
It shall also mean the adequate or appropriate adaptation, modification, measurement or adjustment that private or public institutions should perform in order to allow or enable a qualified person with disabilities to partake in society and become integrated in every aspect, including work, training, education, transportation, housing, recreation, and the acquisition of goods and services.
(2) Assistive technology.— Equipment and services related to assistive technology.
(3) Assistive technology equipment lessor.— Any natural or juridical person, agent or subsidiary, engaged in leasing any type of assistive technology equipment, as defined in this chapter.
(4) Consumer.— For the purposes of this chapter, a consumer shall be:
(a) Any person with a disability or his/her parents or guardian, who directly buys assistive technology equipment from a manufacturer, supplier, distributor, or authorized dealer or lessor.
(b) Any person with a disability or his/her parents or guardian, to whom assistive technology equipment is transferred for his/her personal use, provided the guarantee covering said equipment has not expired.
(c) Any person with a disability or his/her parents or guardian, who leases through a contract with a manufacturer, supplier, distributor, or authorized dealer or lessor, assistive technology equipment for his/her personal use.
(5) Defects in the assistive technology equipment.— Any malfunction of the assistive technology equipment that substantially limits its use and value, as well as the safety of the person with a disability. Said equipment must be covered by an express guarantee applicable to the equipment and its components as a whole, to defects in its construction and malfunctions arising from the regular use of the same. The defective performance of any equipment arising from its improper use and/or unauthorized modifications thereto may not be claimed to be a “malfunction”.
(6) Assistive technology equipment.— Any object, part or system of the equipment purchased by the consumer or provided by a government agency or dependency, whether in its original form, or modified or adapted, used to maintain, increase or improve the capabilities of persons with disabilities. This includes, but is not limited to: wheelchairs, motorized wheelchairs, motorized equipment used to provide mobility, computers, electronic communications equipment, computer programs, mechanical equipment for reading, and earphones, among other items.
(7) Assistive technology equipment for exhibition.— Assistive technology equipment for public exhibition. Said equipment must be identified as such.
(8) Defective assistive technology equipment.— Any assistive technology equipment that:
(a) Malfunctions three (3) or more times within the term covered by the express guarantee or within the period of one year from the date it was delivered to the consumer, and which is sent to the manufacturer, supplier, distributor, or authorized dealer or lessor to repair or try to repair the same.
(b) Is out of service because it malfunctions for over forty-five (45) consecutive calendar days.
(c) Has to be repaired three (3) times during the term covered by the guarantee.
(9) Manufacturer.— Any natural or juridical person, or agent or subsidiary thereof, that manufactures or assembles assistive technology equipment. The term also includes the equipment importer, supplier, distributor, and manufacturing parent company, its branches and any guarantor of the latter.
(10) Proper modification or alteration.— Any change or adjustment made to any assistive technology equipment by an authorized professional in order to adapt the same to the particular needs of a person with a disability.
(11) Person with a disability.— A person suffering from any physical, mental or sensorial disability (or disabilities) that substantially limits one or more of the vitally essential activities or functions. The term encompasses, but is not limited to, seeing, hearing, speaking, walking, breathing, learning, and working.
(12) Authorized professional.— A person authorized by the manufacturers, suppliers, distributors, authorized dealers, or authorized lessors; a professional or professionals in assistive technology certified by well-known and approved organizations by the Puerto Rico Assistive Technology Program, pursuant to §§ 831 et seq. of this title.
(13) Purveyor.— The term “purveyor” includes:
(a) Every government agency or dependency that provides any assistive technology equipment, whether by lease, donation or purchase, to a person with a disability. This includes, but is not limited to agencies such as the Department of Health, the Department of Education and the Department of Labor, Vocational Rehabilitation Administration.
(b) Any government agency or dependency, or private entity that, in compliance with its responsibility to provide reasonable accommodations, provides any assistive technology equipment to a person with a disability employed by said entity.
(14) Assistive technology services.— Every service that directly helps a person with a disability in the selection, acquisition or use of assistive technology equipment, including, but not limited to functional evaluations (ecological), equipment purchase or lease, equipment maintenance and training, among others.
(15) Authorized dealer of assistive technology equipment.— Every natural or juridical person who sells assistive technology equipment and that, through an agreement with the manufacturer or distributor, shall be responsible for the guarantee covering the product, as established in this chapter.
History —Sept. 9, 2000, No. 402, § 2; July 18, 2008, No. 122, § 1.