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Health and Human Services Department Doc #2026-09335

Medical Devices; Immunology and Microbiology Devices; Classification of the Device To Detect and Identify Microorganism Nucleic Acids and Resistance Markers From Patients With Suspected Orthopedic Infection

Full Text
Published
May 12, 2026
Summary

The Food and Drug Administration (FDA) is classifying the device to detect and identify microorganism nucleic acids and resistance markers from patients with suspected orthopedic infection into class II (special controls). The special controls that apply to the device type are identified in this order and will be part of the codified language for classification of the device to detect and identify microorganism nucleic acids and resistance markers from patients with suspected orthopedic infection. We are taking this action because we have determined that classifying the device into class II will provide a reasonable assurance of safety and effectiveness of the device. We believe this action will also enhance patients' access to beneficial innovative devices, in part by reducing regulatory burdens.

Constitutional Analysis
Fifth Amendment – Due Process strengthens 80% confidence

The classification of the device aims to ensure safety and effectiveness, which aligns with due process rights by providing assurance to patients.

Fourteenth Amendment – Equal Protection strengthens 80% confidence

Enhancing patient access to beneficial innovative devices supports equal protection by ensuring all patients have access to necessary medical technology.

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