Regulations last checked for updates: May 14, 2025

Title 21 - Food and Drugs last revised: May 12, 2025
§ 866.3367 - Device to detect and identify microbial nucleic acids by FISH in clinical specimens.

(a) Identification. A device to detect and identify microbial nucleic acids by fluorescence in situ hybridization (FISH) in clinical specimens is an in vitro diagnostic device intended for the detection and identification of microbial pathogens in specimens collected from patients with signs and symptoms of infection. The device is intended to aid in the diagnosis of human disease in conjunction with clinical signs and symptoms and other laboratory findings.

(b) Classification. Class II (special controls). The special controls for this device are:

(1) Design verification and validation must include the following:

(i) Detailed device description documentation, including the device components, instrument requirements, ancillary reagents required but not provided, and a detailed explanation of the methodology, including all pre-analytical methods for processing of specimens, probe sequences, and rationale for probe sequence selection;

(ii) Detailed description of the fluorophores, signal source, detection mechanism, and method of result interpretation;

(iii) Detailed documentation from the following analytical studies: analytical sensitivity (Limit of Detection), inclusivity, reproducibility, interference, cross reactivity, and specimen stability; and

(iv) Detailed documentation from a clinical study that includes prospective (sequential) samples. The study, performed on a study population consistent with the intended use population, must compare the device performance to results obtained from appropriate and well-accepted comparator methods.

(2) The labeling required under § 809.10(b) of this chapter must include:

(i) A statement that the device is intended to be used in conjunction with clinical history, signs, symptoms, and the results of other diagnostic testing;

(ii) A detailed explanation of the interpretation of results and acceptance criteria for any quality control testing; and

(iii) A limitation that negative results do not preclude the possibility of infection.

[90 FR 19638, May 9, 2025]
authority: 21 U.S.C. 351,360,360c,360e,360j,360
source: 47 FR 50823, Nov. 9, 1982, unless otherwise noted.
cite as: 21 CFR 866.3367