FDA Needs Unauthorized Test Enforcement Policy: GAO
The Government Accountability Office (GAO) says FDA should develop a policy for using enforcement discretion regarding unauthorized diagnostic tests in future public health emergencies. “This policy should include the conditions under which FDA would begin and end the use of such discretion,” a GAO report says.
GAO says it was asked to review FDA’s oversight of tests for Covid-19. It found that the agency took several actions aimed at increasing the availability of Covid-19 tests in the U.S. That included granting emergency use authorizations (EUAs) for more than 400 Covid-19 tests and sample collection devices by the end of 2021.
“As of 9/30/21,” GAO says, “FDA had exercised its enforcement discretion for 370 tests. Test developers had submitted EUA requests for these tests, but FDA had not yet reviewed them. FDA officials told GAO they had concerns about the lack of review for these unauthorized tests and, as the number grew, the risks of this policy began to outweigh the benefits. Nevertheless, it was not until 11/2021 that FDA updated its Covid-19 test policy with the intention of phasing out the agency’s use of enforcement discretion and reducing the number of unauthorized tests.”