← REGULATORY CHANGES
FEDERAL REGISTER · RULEMay 6, 2024IN 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.

STATUSIN FORCE
EFFECTIVEJul 5, 2024
COMMENTS CLOSE—
APPLIES TO · SPEQ TAGDevice
Document type
Rule
Agency
Health and Human Services Department
Published
May 6, 2024
Effective
July 5, 2024
Document number
2024-08935
CFR references
21 CFR 809
Docket
FDA-2023-N-2177
RIN
0910-AI85
ABSTRACT

The Food and Drug Administration is issuing a final rule 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, the Food and Drug Administration is phasing out its general enforcement discretion approach for laboratory developed tests (LDTs) so that IVDs manufactured by a laboratory will generally fall under the same enforcement approach as other IVDs. This phaseout policy includes enforcement discretion policies for specific categories of IVDs manufactured by a laboratory, including currently marketed IVDs offered as LDTs and LDTs for unmet needs. This phaseout policy is intended to better protect the public health by helping to assure the safety and effectiveness of IVDs offered as LDTs, while also accounting for other important public health considerations such as patient access and reliance.

Abstract as published in the Federal Register.

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