S Khan, 

I don't think it applies to special stains. I've never seen anything that said 
Special Stains are regulated by FDA (more correctly, the companies that sell 
special stains do not require FDA regulation). I guess it is because they are 
historically exempt or something. 

I do notice that some companies, like DAKO label their special stain kits as 
"IVD" but other companies do not. 

But this mainly applies to antibodies and ISH probes, so it's an interesting 
question for the histo lab because the vast majority of antibodies used by labs 
are Class I exempt IVD's or ASR's that are not "approved/cleared by FDA."  (you 
have to note that on your reports, but CAP has also recommended putting a 
second disclaimer that those antibodies do not require approval).  That is 
because they are officially exempt from regulation because they are considered 
ancillary tests that do not require FDA regulation. Vendors do not supply any 
test information to FDA about Class I antibodies. The IVD status simply denotes 
they were produced by an FDA-certified vendor and so the quality should be 
satisfactory.

So, what is the point of listing all those antibodies? I don't know.

On the other hand, some labs use Research Use Only (RUO) antibodies that they 
validate themselves. CLIA allows that though FDA and CAP discourage the 
practice (CLIA regulates labs, FDA regulates vendors of reagents). I think 
these are the ones CAP is really interested in. Maybe gathering data??


Tim Morken
Supervisor, Histology, IPOX
UCSF Medical Center
San Francisco, CA, USA

-----Original Message-----
From: histonet-boun...@lists.utsouthwestern.edu 
[mailto:histonet-boun...@lists.utsouthwestern.edu] On Behalf Of shehnaz khan
Sent: Friday, January 06, 2012 7:38 AM
To: histonet@lists.utsouthwestern.edu
Cc: histo...@pathology.swmed.edu
Subject: [Histonet] Tests not FDA -approved / cleared

Hi netters,

Wondering what's been done for the following CAP standard (COM
40200): Tests not FDA -approved / cleared. "The lab has a list of tests not 
approved /cleared by FDA that have been implemented during the previous two 
years".

Does this apply to special stains too?

Is this applicable for IHC done manually using Dako antibodies?

Thanks in advance.

S Kahn

Chief scientist
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