Section 1 Short title
This Act may be cited as the “Medical Testing Availability Act of 2013”.
Medical Testing Availability Act of 2013
A BILL
To amend chapter V of the Federal Food, Drug, and Cosmetic Act to permit the sale of, and access to, research use only products in diagnostic tests.
Sec. 2 Clarification regarding research use only products
Section 520 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360j) is amended by adding at the end the following subsection:
“(o) Products with research use only labeling
“(1) In general—A product whose labeling bears the statement described in section 809.10(c)(2)(i) of title 21, Code of Federal Regulations, as in effect on the date of the enactment of this subsection, may not be deemed to be misbranded under this Act on the basis that the manufacturer or distributor of the product—
“(A) sells the product to an end user who uses the product in a manner inconsistent with such statement; or
“(B) engages in business communications regarding the product with an end user of the product.
“(2) Business communications defined—In this subsection, the term business communications, with respect to a product with labeling described in paragraph (1)—
“(A) means oral, written, or electronic contact between a manufacturer or distributor of such product and an end user regarding the functioning of such product; and
“(B) includes any such contact consisting of technical support, customer service, assistance with the installation of such product, communication relating to ensuring the performance of the product, and other similar contacts.
“(3) Sunset—This subsection shall cease to be effective on the last day of the five-year period beginning on the date of enactment of this section.”