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Dossier Executive final rule 12-may-2026 Takes effect · 12-may-2026
Finalized regulation — legally enforceable once its effective date arrives.

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

Key claim: The FDA is classifying devices that detect and identify microorganism nucleic acids and resistance markers from patients with suspected orthopedic infection into Class II (special controls) to assure safety and effectiveness while reducing regulatory burdens.

Abstract

(Rule · Health and Human Services Department, Food and Drug Administration) 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.

Why this matters

Classifying this molecular diagnostic as Class II with special controls establishes a defined 510(k) pathway for tests that identify pathogens and antibiotic resistance markers in suspected orthopedic infections, which can speed targeted antibiotic selection over traditional culture. For patients and clinicians, this may broaden availability of rapid infection diagnostics; for manufacturers, it lowers the barrier to market versus de novo or PMA review.

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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
Stage: final rule · federal-register · 12-may-2026

The FDA is classifying devices that detect and identify microorganism nucleic acids and resistance markers from patients with suspected orthopedic infection into Class II (special controls) to assure safety and effectiveness while reducing regulatory burdens.

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External: fedreg:2026-09335

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