Policy

FDA creates a class II category for at-home STI test kits read in the lab

A final order published 9 October classifies systems that let people collect their own specimens for non-viral STI testing as class II, moving them out of the automatic class III that demands premarket approval.

The Food and Drug Administration has written a new device category into its rules for a product that did not have one: a test that lets a person collect their own specimen at home to be checked in a laboratory for sexually transmitted infections. A final order published in the Federal Register on 9 October 2026 classifies the "system for detection of nucleic acid from non-viral microorganism(s) causing sexually transmitted infections using home-collected specimens" into class II, the agency's middle risk tier, subject to special controls [s1].

The order amends 21 CFR part 866 and adds a new section, 866.3385, under docket FDA-2026-N-10996. It took effect on 9 October 2026, but the agency notes the classification was applicable earlier, on 15 November 2023, the date it first granted the device type [s1].

What the category covers

The rule describes the device as an in vitro diagnostic system intended for self-collecting specimens in home settings or similar environments and testing in a clinical laboratory for detection of nucleic acids from non-viral microorganisms that cause sexually transmitted infections. It is intended to aid in the diagnosis of those infections, and the labelling may be written for either prescription or over-the-counter use [s1].

Two words in that description do the limiting work. "Home-collected" means the person takes their own sample — the test is not a fully at-home result but a mail-in model, with the analysis still run by a certified laboratory. "Non-viral" marks the boundary of what the category is for: the bacterial and protozoal organisms behind infections such as chlamydia, gonorrhoea and trichomoniasis, rather than viral infections. The order governs the device type, not any single branded product.

Out of class III, into special controls

The practical effect is a change of regulatory tier. Any device that was not in commercial distribution before 28 May 1976 is automatically placed in class III — the highest-risk category, which ordinarily requires premarket approval — and stays there by operation of law until the FDA acts to classify it otherwise [s1]. The agency reclassified this device type through the De Novo pathway, the route Congress created for novel low- to moderate-risk devices that have no existing predicate to be compared against [s1].

By settling the type in class II, the FDA says it is providing a reasonable assurance of safety and effectiveness while enhancing patients' access to beneficial innovation, "in part by reducing regulatory burdens by placing the device into a lower device class than the automatic class III assignment" [s1]. In plain terms, future makers of equivalent home-collection STI tests can aim for a 510(k) clearance against the special controls rather than the far heavier premarket-approval process.

The special controls

Class II status is not a free pass; it comes with conditions designed around the home-collection step. The first special control governs the collection device itself: it must be FDA-cleared, approved or classified as 510(k)-exempt with an over-the-counter molecular-testing indication, or else be cleared as part of the test using data showing that lay users can correctly collect specimens without a health care provider's supervision [s1].

The labelling must spell out the analytes detected, the clinical indications, the specimen types, the intended populations and the testing facility, among other conditions of use. And the intended use may only cover specimens that are appropriate for lay collection and for which performance data demonstrate that lay users can collect them correctly on their own [s1]. The order also requires detailed design verification and validation, including a full account of reagents, controls and the computational path from a raw signal to a reported result [s1].

Why it matters

Mail-in STI testing has grown as a way to reach people who will not or cannot visit a clinic, and the accuracy of the result turns heavily on whether an untrained person collected the sample properly. By creating a defined device type with controls written around that exact risk, the FDA has given the category a clearer and lighter path to market, while anchoring it to evidence that home collection works in lay hands. The order is final and already in effect; it sets the terms on which the next wave of these tests will be judged [s1].

Sources

  1. Medical Devices; Immunology and Microbiology Devices; Classification of the System for Detection of Nucleic Acid From Non-Viral Microorganism(s) Causing Sexually Transmitted Infections Using Home-Collected Specimens — Food and Drug Administration (Federal Register) , October 9, 2026
Related coverage