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Dear Dr. Califf,

On behalf of the 89 undersigned organizations representing patient advocacy organizations, medical and professional societies, hospitals, health systems, clinical laboratories, and more, we respectfully request an extension to the deadline to submit comments to Rulemaking Docket No. FDA-2023-N-2177, Medical Devices: Laboratory Developed Tests. Specifically, we ask that the December 4th deadline be extended an additional 60 days to provide adequate time for stakeholders to assess the impact of the proposed rule on patient access to care, clinical practice, and innovation.

If finalized, the proposed rule would be a dramatic shift in how laboratory developed tests (LDTs) are regulated in the United States. This would not only potentially disrupt the current access patients have to clinical testing as laboratories narrow their test offerings or close due to the financial burden the rule places on them, but given the new premarket review requirements, the proposed rule could delay or prevent modifications and introductions of new tests that best reflect the latest scientific understanding and clinical practice guidelines.

These concerns are not hypothetical, rather, the agency needs only to look toward the European Union’s implementation of the legislation enacted in 2017, In Vitro Diagnostic Medical Device Regulation (IVDR) for reference. By 2022, laboratories were required to be in full compliance with the regulation; however, the rollout has experienced multiple delays leading regulators to issue grace periods for classes of devices1to avoid widespread diagnostic shortages.2According to MedTech Europe, the European medical device industry association, had the compliance periods not been delayed, at least 22% of currently marketed diagnostics tests would not have been accessible during the transition.3The new regulatory regime also led to unintended consequences such as the inability of laboratories to collaborate and share informatics pipelines.

Even within the proposed rule, through its requests for information, the Food and Drug Administration (FDA) acknowledges the negative impact the rule will have on different types of clinical laboratories, such as those in academic medical centers and small businesses, as well as on different patient populations including those in rural communities who may only have access to small, community-based laboratories. The potential of these consequences is significant and adequate time must be given to stakeholders to fully assess, research, and understand how the proposed rule will affect their constituencies. For this reason, we request an additional 60-day extension of the comment period (total comment period length of 120 days) and urge you to announce this extension expeditiously.

Sincerely,

Academy of Clinical Laboratory Physicians and Scientists

Adela

Akron Children's Hospital

American College of Medical Genetics and Genomics

American Society for Clinical Pathology

American Society of Hematology

Appalachian Labs of WV

Aptivedx

Arbelos Genomics

ARUP Laboratories

Association for Diagnostics and Laboratory Medicine

Association for Molecular Pathology

Association for Pathology Informatics

Association of Organ Procurement Organizations

Association of Pathology Chairs

Avant Diagnostics

Beutner Laboratories

Beutner Labs

BNB Diagnostics

Boston Children's

Cancer Advocacy Group of Louisiana

Cedars-Sinai

Children's Hospital Colorado

Children’s Hospital of Philadelphia

Children's National Hospital

Children’s Wisconsin Cincinnati

Children’s Hospital Clinical Immunology Society

Coalition for Innovative Laboratory Testing

Cov19+ testing Laboratory

Damajha Systems

Deirdre Pierry CGMBS, MLS (ASCP), MB, SM

Diamond Medical Laboratories LLC

Exceltox Laboratories, LLC

FORCE: Facing Our Risk of Cancer Empowered

GeneCentric Therapeutics, Inc

Genomind, Inc.

Great Scott! Consulting

Guaranty Consultant Services

Helix

Immune Deficiency Foundation

Innoterix Labs

Invitae Corporation IVD Logix LLC

Kaiser Permanente

KSL Diagnostics Inc

Laboratory Access and Benefits Coalition

Laboratory Nexus LLC

Leukodystrophy Newborn Screening Action Network

Lifetime Sciences

Lighthouse Lab services

MCDXI Medical Diagnostics, Inc.

Medical Group Management Association (MGMA)

Michigan Department of Health and Human Services

MolecularDiagnostics Inc.

MSACL

National Society of Genetic Counselors

Nationwide Children's Hospital

Nebraska Medicine

nuCARE Medical Solutions, Inc

Ochsner Health

Pan American Society for Clinical Virology

Parallel Profile

Patient Safety Impact

Phoenix Laboratory Consulting

Previse

Principle Health Systems

PTL Holdings

Purine Metabolic and Immunodeficiency Lab, Duke University

Seattle Childrens Hospital

Select Laboratory Partners

SilverStarDX LLC

Society for Pediatric Pathology

Survivor's Cancer Action Network

Teiko Bio

The Foundation for Casey’s Cure, Inc

Theralink Technologies, Inc

Three Rivers Diagnostics

TriCore Reference Laboratories

Ultimo Medical Consulting

Ultragenyx Pharmaceutical

University of North Carolina at Chapel Hill Department of Pathology and Laboratory Medicine

University of Rochester Medical Center

University of Texas Southwestern Medical Center

University of Wisconsin School of Medicine and Public Health

UVA Health

UW Health

Wisconsin State Laboratory of Hygiene