The idea that a medical services company and an individual consumer are on the same footing doesn't carry much weight for me. One of the obvious solutions is for a state body to set a standard for what accuracy is required in order to make medical services available; this is a pretty ideologically coherent attempt to address the fundamental inequality there.
I'm happy to hear an argument that the FDA over-regulates, or that other regulatory approaches could be more beneficial. But a complete free-for-all invites a return to the days of snake-oil patent medicines – and I don't think that's something anybody wants to see.