As mentioned in marginal revolution, the FDA is proposing to regulate lab tests. [Marginal Revolution]

The rule proposal is here. [Federal Register]

Further details on the history of FDA expansionism despite repeated failures leading to critical negative health outcomes for Americans are here. [Marginal Revolution]

The rule has received a large number of negative public comments from knowledgeable hospitals, patient groups, etc.

Resolution:

If, by the end date of June 30 2026 there is a final rule issued in the Federal Register which substantially gives them regulatory authority, this resolves YES.

If the rule is still in development, we will wait.

If this particular rule making attempt is abandoned or rejected with no continued public proposed rule, then NO, and this can happen early.