FDA Needs Legal Authority to Regulate Diagnostics: Pew Charitable Trusts

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The Pew Charitable Trusts says Congress should act quickly to approve legislation establishing a “unified, risk-based FDA regulatory system for diagnostics, including laboratory-developed tests (LDTs).” A 1/11 Issue Brief says the need for congressional action was heightened by an 8/2020 HHS announcement that FDA does not have authority to require the pre-market review of LDTs, including tests for Covid-19, unless the agency goes through a lengthy rule-making process.

“The HHS decision ended FDA’s ability to conduct even expedited reviews of LDTs, increasing the chances that an unreliable Covid-19 test could enter the market,” Pew says. “It also casts doubt on FDA’s ability to protect patients if the agency learns of a faulty LDT that is already on the market.”

The brief lists six LDT risks and presents case studies to illustrate some of the risks and highlight ways Pew believes that stronger FDA oversight of the diagnostics market can help mitigate the risks and protect public health.

Pew calls attention to the Verifying Accurate, Leading-Edge In vitro clinical test Development (VALID) Act, bipartisan legislation introduced 3/2020. It says the bill “would make clear that LDTs are subject to FDA’s review requirements for in vitro diagnostics. It also reportedly would provide the agency with the tools necessary to monitor the diagnostic market and protect patients when safety concerns arise with a test.

“Congress should move quickly to consider such proposals and approve legislation that establishes a unified, risk-based FDA regulatory system for diagnostics, including LDTs,” the brief concludes.

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