ACLA Views on PCCP Draft Guidance

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Although the American Clinical Laboratory Association maintains that FDA lacks authority to regulate laboratory-developed tests (LDTs), it is submitting comments to an agency draft guidance on predetermined change control plans (PCCPs) for medical devices. “In the event that FDA’s final rule to regulate LDTs as medical devices is implemented and deemed lawful in a court of law, we submit these comments to ensure that PCCPs can be leveraged by laboratories to support continued rapid innovation of diagnostics to meet patient needs,” the comment letter says.

The association says that the modifications that would be appropriate for a PCCP under the draft guidance are too narrow to encourage meaningful iterative improvement of diagnostics without repeated cycles of premarket review. “The types of modifications that are appropriate for a PCCP must be expanded,” it says. “The guidance should also clarify that a PCCP may allow modifications to a cleared or approved in vitro diagnostic (IVD) test kit to be implemented by high-complexity clinical laboratories, rather than the manufacturer of the IVD test kit, without FDA premarket review. Finally, the statutory standard for evaluating a PCCP does not include an evaluation of the regulatory history of the subject device nor of the submitter and, accordingly, FDA should not take such histories into consideration.”

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