STAT+: AI doctors are coming. Should FDA make sure they’re safe?

When is an AI doctor a medical device?

Call it a sign of things to come. A startup called Doctronic made a splash recently when it announced the use AI to renew prescriptions without clinician input in the state of Utah. Something didn’t sit right with me about the announcement. Sure it got approval from Utah, but why isn’t it a medical device subject to Food and Drug Administration review? The company claimed it was “the practice of medicine” and so exempt from FDA authority. That didn’t seem entirely right either.

So I did some asking around and after talking to over a dozen executives, legal scholars, and policy experts, it turns out the question is not nearly as clear-cut as Doctronic would have us believe. Indeed, it appears the company may be planning to market a medical device without authorization. In my story, I explain the law and why it all matters.