Since the passage of the Medical Device Amendments of 1976, FDA has regulated in vitro diagnostic (IVD) tests as medical devices, subject to a full suite of FDA requirements. During that time, FDA has also asserted that it has the authority to regulate in-house tests developed and performed by CLIA-certified, high-complexity clinical laboratories (generally referred to as laboratory-developed tests or LDTs) but chose as a matter of enforcement discretion not to regulate LDTs. Over time, the Agency chipped away slowly at LDT enforcement discretion, carving out certain kinds of tests (e.g., direct-to-consumer LDTs) and thus making them subject to regulation, but by and large did not take broad steps to regulate LDTs.
Blog Editors
Recent Updates
- Utah Law Aims to Regulate AI Mental Health Chatbots
- National Science Foundation (NSF) Imposes 15% Indirect Cost Rate Cap: What to Know
- New DOJ White Collar Priorities Focus on Health Care Fraud
- Federal Regulators Announce Non-Enforcement of the 2024 Rule for Mental Health Parity
- Will Colorado’s Historic AI Law Go Live in 2026? Its Fate Hangs in the Balance in 2025