C.F.R. » Title 21 » CHAPTER I—FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN SERVICES › SUBCHAPTER H—MEDICAL DEVICES › PART 862—CLINICAL CHEMISTRY AND CLINICAL TOXICOLOGY DEVICES › Subpart D—Clinical Toxicology Test Systems

21 C.F.R. § 862.3170

Benzodiazepine test system

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(a) Identification. A benzodiazepine test system is a device intended to measure any of the benzodiazepine compounds, sedative and hypnotic drugs, in blood, plasma, and urine. The benzodiazepine compounds include chlordiazepoxide, diazepam, oxazepam, chlorzepate, flurazepam, and nitrazepam. Measurements obtained by this device are used in the diagnosis and treatment of benzodiazepine use or overdose and in monitoring levels of benzodiazepines to ensure appropriate therapy.

(b) Classification. Class II (special controls). A benzodiazepine test system is not exempt if it is intended for any use other than employment or insurance testing or is intended for Federal drug testing programs. The device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter subject to the limitations in § 862.9, provided the test system is intended for employment and insurance testing and includes a statement in the labeling that the device is intended solely for use in employment and insurance testing, and does not include devices intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military).

[52 FR 16122, May 1, 1987, as amended at 84 FR 71797, Dec. 30, 2019]
Notes of Decisions
Cited in 1 case, 2007–2007 · leading case: Commonwealth v. Atchue, 22 Mass. L. Rptr. 590 (Mass. Super. Ct. 2007).
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Commonwealth v. Atchue, 22 Mass. L. Rptr. 590 (Mass. Super. Ct. 2007). “See 21 C.F.R. 862.3170 (2006) (“A benzodiazepine test system is a device intended to measure any of the benzodiazepine compounds, sedative and hypnotic drugs, in blood, plasma, and urine.”
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