PolicyBrief
H.R. 88
119th CongressJan 3rd 2025
Medical Innovation Acceleration Act of 2025
IN COMMITTEE

This bill clarifies that certain non-invasive diagnostic devices that do not penetrate the skin, are not implanted, and do not expose tissues to ionizing radiation will not be regulated as medical devices.

Andy Biggs
R

Andy Biggs

Representative

AZ-5

LEGISLATION

New Bill Exempts 'Non-Invasive' Diagnostic Devices from FDA Oversight, Starting Immediately

The Medical Innovation Acceleration Act of 2025 changes the game for companies making diagnostic tools that don't break the skin. This bill, effective immediately, basically says that if a diagnostic device doesn't penetrate the skin or any body membrane, isn't inserted or implanted, only causes temporary effects like compression or temperature changes, and doesn't use ionizing radiation, it's not considered a 'medical device' under federal law (SEC. 2). This means less red tape for a specific subset of diagnostic tech.

Diagnostics De-Regulated

The core change is a big one: Certain diagnostic tools now sidestep the usual medical device regulations. Think of a new kind of external sensor that checks your blood pressure or a device that monitors your heart rhythm without any needles or implants. If it meets the bill's definition of 'non-invasive' (no skin penetration, only temporary effects, no ionizing radiation), it's exempt. For example, a small business developing a wearable device that uses light to monitor blood oxygen levels might get to market faster and with lower initial costs, as they won't need to navigate the same regulatory hurdles as, say, a pacemaker.

Real-World Rollout

This shift could mean faster development of new diagnostic technologies. Companies might be more willing to invest in these types of devices, knowing they can avoid some of the costly and time-consuming approval processes. However, there are practical questions. What exactly counts as a 'temporary' effect? How will the FDA ensure these devices are still safe and effective without the usual oversight? For instance, a construction worker relying on a new, non-invasive device to monitor for early signs of heatstroke needs to know it's accurate and reliable. If that device hasn't gone through rigorous testing because of this exemption, there could be risks. It is important to consider that less regulation might also mean less certainty about a device's performance. The long-term impact is a bit of a waiting game – we could see a surge in new diagnostic tools, but also potential challenges in ensuring they all meet high safety standards.