CHARGE - Center for Health AI Regulation, Governance & Ethics’ Post

🚨 𝗦𝗽𝗼𝘁𝗹𝗶𝗴𝗵𝘁 𝗼𝗻 𝗚𝗲𝗻𝗲𝗿𝗮𝘁𝗶𝘃𝗲 𝗔𝗜 𝗶𝗻 𝗛𝗲𝗮𝗹𝘁𝗵𝗰𝗮𝗿𝗲: 𝗞𝗲𝘆 𝗧𝗮𝗸𝗲𝗮𝘄𝗮𝘆𝘀 𝗳𝗿𝗼𝗺 𝘁𝗵𝗲 𝗙𝗗𝗔’𝘀 𝗗𝗶𝗴𝗶𝘁𝗮𝗹 𝗛𝗲𝗮𝗹𝘁𝗵 𝗔𝗱𝘃𝗶𝘀𝗼𝗿𝘆 𝗖𝗼𝗺𝗺𝗶𝘁𝘁𝗲𝗲 𝗠𝗲𝗲𝘁𝗶𝗻𝗴 🚨 On November 20-21, 2024, the FDA hosted its inaugural 𝗗𝗶𝗴𝗶𝘁𝗮𝗹 𝗛𝗲𝗮𝗹𝘁𝗵 𝗔𝗱𝘃𝗶𝘀𝗼𝗿𝘆 𝗖𝗼𝗺𝗺𝗶𝘁𝘁𝗲𝗲 𝗠𝗲𝗲𝘁𝗶𝗻𝗴 to tackle one of the most pressing challenges in healthcare: the regulation of Generative AI-enabled devices. This meeting marked a pivotal moment in how we think about the lifecycle of AI in healthcare, but it also highlighted critical blind spots and paradigm shifts. 🔑 Key Insights from the Meeting: 1️⃣ 𝗔 𝗣𝗮𝗿𝗮𝗱𝗶𝗴𝗺 𝗦𝗵𝗶𝗳𝘁: 𝗙𝗿𝗼𝗺 𝗣𝗿𝗲𝗺𝗮𝗿𝗸𝗲𝘁 𝘁𝗼 𝗣𝗼𝘀𝘁𝗺𝗮𝗿𝗸𝗲𝘁 𝗥𝗲𝗴𝘂𝗹𝗮𝘁𝗶𝗼𝗻 Generative AI, unlike traditional devices or drugs, is probabilistic and dynamic, requiring robust postmarket monitoring. This marks a significant shift from the FDA's historically premarket-focused regulatory model. 2️⃣ 𝗚𝗲𝗻𝗲𝗿𝗮𝘁𝗶𝘃𝗲 𝗔𝗜 ≠ 𝗔𝗹𝗹 𝗔𝗜 It’s encouraging to see the FDA address Generative AI specifically, acknowledging that "AI" isn’t a monolith. The nuances of GenAI demand tailored regulatory approaches to avoid stifling innovation with blanket rules designed for other AI technologies. 3️⃣ 𝗧𝗵𝗲 𝗧𝗿𝗮𝗻𝘀𝗽𝗮𝗿𝗲𝗻𝗰𝘆 𝗖𝗵𝗮𝗹𝗹𝗲𝗻𝗴𝗲 A key recommendation was for full disclosure of datasets used to train AI models. However, this is often impractical, especially with off-the-shelf LLMs like Nabla's use of Whisper, trained on vast, undisclosed datasets. Regulators may need to adjust expectations to address these realities without compromising safety. 4️⃣ 𝗧𝗵𝗲 𝗛𝘂𝗺𝗮𝗻 𝗢𝘃𝗲𝗿𝘀𝗶𝗴𝗵𝘁 𝗗𝗶𝗹𝗲𝗺𝗺𝗮 The meeting emphasized extensive human oversight, but requiring intervention for every AI decision is neither scalable nor effective. A better focus could be continuous monitoring systems to flag anomalies early, reducing risks like monitoring fatigue and unchecked human approvals. 5️⃣ 𝗘𝗹𝗲𝗽𝗵𝗮𝗻𝘁 𝗶𝗻 𝘁𝗵𝗲 𝗥𝗼𝗼𝗺 #𝟭: 𝗔𝗜 𝗧𝗼𝗼𝗹𝘀 𝗢𝘂𝘁𝘀𝗶𝗱𝗲 𝗙𝗗𝗔’𝘀 𝗦𝗰𝗼𝗽𝗲 Many rapidly adopted AI tools — such as scribes, administrative systems, and decision-support tools — fall outside the FDA’s SaMD purview, despite their substantial downstream impact on patient safety. These tools are instead expected to be governed by other regulatory bodies like CMS, OCR, or ASTP/ONC. 6️⃣ 𝗘𝗹𝗲𝗽𝗵𝗮𝗻𝘁 𝗶𝗻 𝘁𝗵𝗲 𝗥𝗼𝗼𝗺 #𝟮: 𝗜𝗺𝗽𝗮𝗰𝘁 𝗼𝗳 𝗔𝗱𝗺𝗶𝗻𝗶𝘀𝘁𝗿𝗮𝘁𝗶𝗼𝗻 𝗖𝗵𝗮𝗻𝗴𝗲𝘀 How will changing administrations reshape AI regulation? A new leadership could bring shifts in priorities and policies, potentially altering the trajectory of current frameworks. 💬 𝗪𝗵𝗮𝘁 𝗮𝗿𝗲 𝘆𝗼𝘂𝗿 𝘁𝗵𝗼𝘂𝗴𝗵𝘁𝘀 𝗼𝗻 𝘁𝗵𝗲 𝗙𝗗𝗔’𝘀 𝗮𝗽𝗽𝗿𝗼𝗮𝗰𝗵? https://lnkd.in/dkJ9HRpZ

November 20-21, 2024: Digital Health Advisory Committee Meeting

November 20-21, 2024: Digital Health Advisory Committee Meeting

fda.gov

To view or add a comment, sign in

Explore topics