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The Alternative
Is there an alternative to entrusting a monopoly agency
with coercive powers? Yes. The alternative requires no
massive expenditures of the public purse to work. It makes
fullest use of millions of bits of knowledge. It is based
on individual freedom. It has a proven record of success.
Privatization of the certification of medical devices
will save lives and alleviate suffering. It is the effi-
cient, effective alternative to the FDA's current command-
and-control approach to regulation.
Privatization is widely regarded as a positive step for
most areas of government, but many people are reluctant to
privatize an agency concerned with health and safety mat-
ters. Will the free market work? It works now and certi-
fies the safety and effectiveness of thousands of products.
It can work for medical devices.
Third-Party Certification
What would happen if the FDA were stripped of its
monopolistic position over market access? Who would the
public turn to for testing and certification of safety and
effectiveness? How would the public know medical devices
are safe? These questions have answers, and the answers
lead to the prospect of an approval process that will be
faster and more responsive to the need for new life-improv-
ing therapies and products. Not only can consumers get more
speedy and flexible approval of safe devices, but they can
get it without sacrificing quality and effectiveness and at
lower cost.
No one in the market has the capacity to block the sale
of new devices, and no one can prevent consumers and their
medical advisers from making their own decisions about the
medical devices that they use. Without FDA's monopoly over
market access, the market will be well stocked with safe and
effective devices, and consumers and their advisers--physi-
cians, nurses, pharmacists, physical therapists, and other
health professionals--will have the knowledge to use them
wisely. Private third parties would certify devices, and
the FDA would retain its role in investigating and prosecut-
ing fraud when it occurs. This system is preferable to the
current regulatory structure, and it will become a reality
when the FDA's monopoly powers over market access and the
dissemination of information are removed.