Small Entity Compliance Guide on LDT Phase-out
FDA has posted a guidance entitled “Laboratory Developed Tests: Small Entity Compliance Guide.” The document discusses the agency’s phase-out approach for laboratory-developed tests (LDTs) so that in-vitro diagnostics manufactured by a laboratory will generally fall under the same enforcement approach as other IVDs (i.e., FDA’s expectations for compliance will typically be the same).
The agency’s phaseout policy does not apply to certain tests that were excluded from its general enforcement discretion approach. FDA continues to generally expect that tests within the following categories will comply with applicable device requirements:
- Tests that are intended as blood donor screening or human cells, tissues, and cellular and tissue-based products (HCT/P) donor screening tests required for infectious disease testing under 21 CFR 610.40 and 1271.80(c), respectively, or required for determination of blood group and Rh factors under 21 CFR 640.5;
- Tests intended for emergencies, potential emergencies, or material threats declared under section 564(b) of the FD&C Act; and
- Direct to consumer (DTC) tests, intended for consumer use without meaningful involvement by a licensed healthcare professional.