← REGULATORY CHANGES
FEDERAL REGISTER · PROPOSED RULEOctober 3, 2023PROPOSED — NOT IN FORCE

Medical Devices; Laboratory Developed Tests

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Document details are published in the U.S. Federal Register; SPEQ surfaces them for reference and is not affiliated with or endorsed by the FDA or the Office of the Federal Register. The authoritative text is on federalregister.gov.

STATUSPROPOSED — NOT IN FORCE
PROPOSED EFFECTIVE—
COMMENTS CLOSEDec 4, 2023 · closed
APPLIES TO · SPEQ TAGDevice
Document type
Proposed Rule
Agency
Health and Human Services Department
Published
October 3, 2023
Comments close
December 4, 2023
Document number
2023-21662
CFR references
21 CFR 809
Docket
FDA-2023-N-2177
RIN
0910-AI85
ABSTRACT

The Food and Drug Administration (FDA, the Agency, or we) is proposing to amend its regulations to make explicit that in vitro diagnostic products (IVDs) are devices under the Federal Food, Drug, and Cosmetic Act (FD&C Act) including when the manufacturer of the IVD is a laboratory. In conjunction with this amendment, FDA is proposing a policy under which FDA intends to phase out its general enforcement discretion approach for laboratory developed tests (LDTs) so that IVDs manufactured by a laboratory would generally fall under the same enforcement approach as other IVDs. FDA is proposing this phaseout to better protect the public health by helping to assure the safety and effectiveness of LDTs. If finalized, this phaseout may also foster the manufacturing of innovative IVDs for which FDA has determined there is a reasonable assurance of safety and effectiveness.

Abstract as published in the Federal Register.

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