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Ex. AGY-FED-HEALTH-OTHER-032 Order Primary source read

Policy for Diagnostics Testing in Laboratories Certified To Perform High Complexity Testing Under CLIA Prior to Emergency Use Authorization for Coronavirus Disease-2019 During the Public Health Emergency; Immediately in Effect Guidance, 85 Fed. Reg. 13138 (Mar. 6, 2020)

Policy for Diagnostics Testing in Laboratories Certified To Perform High Complexity Testing Under the Clinical Laboratory Improvement Amendments Prior to Emergency Use Authorization for Coronavirus Disease-2019

Food and Drug Administration, HHS · United States (federal); Food and Drug Administration (Federal)

The COVID Project

The record

Jurisdiction
United States (federal); Food and Drug Administration
Level
Federal
Authority
Federal Food, Drug, and Cosmetic Act s. 564 (21 U.S.C. 360bbb-3); s. 701(h) guidance; 21 C.F.R. 10.115
Issued
2020-02-29 Feb. 29, 2020
Effective
2020-02-29 (immediately in effect; FR notice Mar. 6, 2020) (read as 2020-02-29)
End
Through the public health emergency (superseded by later versions of the COVID-19 test policy) (read as 2021-09-30)
In force
Feb. 29, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Health care ordersOther
Addressees
  • clinical laboratories certified under CLIA to perform high-complexity testing
Functions reached
  • DX diagnostics and laboratory
  • SC supply chain (test kits)
Collection
Other federal health agencies AGY-FED-HEALTH-OTHER

Operative words

On February 4, 2020, the Secretary of Health and Human Services (HHS) determined that there is a public health emergency and that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for detection and/or diagnosis of the novel coronavirus (2019-nCoV).... The guidance document is immediately in effect, but it remains subject to comment in accordance with the Agency's good guidance practices.

Enforcement

FDA premarket requirements under 21 U.S.C. 331, 351-352 relaxed for the described laboratories

Notes

The first FDA COVID-19 policy; predicate for hospital, academic and commercial laboratories' in-house tests.