Califf Hoping for LDT Legislation
Speaking at the 10/25 AdvaMed Medtech Conference, FDA commissioner Robert Califf said his preference would be for Congress to pass legislation on the regulation of laboratory-developed tests (LDTs). Asked how he would respond if Congress fails to act, Califf said, “That’s a tough question. You know, it’s not something we want to do because having a clear law passed leads to the best situation. The other option besides the law is federal rulemaking, which is always an option for FDA, but it is a very lengthy and contentious process. It would be much better for the lawmakers to come to an agreement. But we also can’t stand by.”
Reporting on the conference and Califf’s remarks, the Regulatory Affairs Professionals Society (RAPS) says FDA has long maintained that it needs to regulate certain LDTs and even issued a guidance outlining a risk-based approach as the Obama presidency drew to a close. The guidance was withdrawn during the Trump years and FDA instead issued a white paper explaining why regulating the tests is important.
FDA and AdvaMed officials say they hope some items that were removed from the user fee reauthorization bill before it was passed in late September can be included in an omnibus government spending bill in December.
“Our politicians are having a lot of trouble getting along with each other, especially right now with the election coming up,” Califf said. “We’ll be working hard to try help people understand why some of these things are important.”
Other issues Califf said are important to him include making sure FDA can quickly hire the additional staff allocated through the user fee agreements, allowing the agency to conduct remote facility inspections, and reforming the regulatory oversight of food.