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H.R.2369 / 118th Congress

VALID Act of 2023

Referred to the Subcommittee on Health.

Official summary

Version 00 · Introduced in House · Mar 29, 2023

Verifying Accurate Leading-edge IVCT Development Act of 2023 or the VALID Act of 2023

This bill requires the Food and Drug Administration (FDA) to regulate in vitro clinical tests (IVCTs).

Currently, the FDA and the Centers for Medicare & Medicaid Services have authority to regulate in vitro diagnostic devices. The bill defines IVCTs, which includes in vitro diagnostic devices, as tests intended for the collection, preparation, analysis, or in vitro clinical examination of specimens from the human body to provide information about a disease, condition, or treatment.

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An IVCT may not be introduced into interstate commerce unless it has received FDA premarket approval or is covered by certain exemptions, such as an exemption for a test that (1) was developed and introduced before this bill's enactment and meets certain requirements, (2) is a low-risk test, (3) is solely for public health surveillance, (4) is covered by a technology certification issued under this bill, or (5) has received a humanitarian exemption or emergency use authorization.

The FDA may grant upon application a technology certification. Generally, such a certification covers a group of tests that use a single technology and may be evaluated using a representative test. While such a certification is valid, a qualifying IVCT that falls within the scope of the certification shall be cleared for interstate commerce.

The bill also imposes various requirements related to IVCTs, including those related to quality control, labeling, and reporting adverse events.

The FDA shall have various enforcement authority, including authority to order the recall of an IVCT with a reasonable probability of causing serious adverse health consequences.

Read the summary on Congress.gov
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Who introduced it

Rep. Bucshon, Larry [R-IN-8] · R–IN

Committees

  • Energy and Commerce Committee
  • Ways and Means Committee
3 cosponsorship records, including any withdrawals

Actions

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  1. Referred to the Subcommittee on Health.

  2. Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

  3. Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

  4. Introduced in House

  5. Introduced in House

Bill text & related measures

Text links open the official source. We currently store references to these documents.

Related bills identified by Congress.gov

No related bills are listed in this snapshot. This does not establish whether the proposal has appeared in earlier Congresses.

Source last updated: Jul 24, 2024. Consult Congress.gov for the current record.

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Objective

Analyze H.R.2369 as objectively as possible. Explain its main provisions, who would be affected, possible benefits and harms, implementation, exceptions, and uncertainties. Present the strongest arguments for and against it, and identify evidence needed to assess its public impact.

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