The need for a system view to regulate artificial intelligence/machine learning-based software as medical device

Abstract Artificial intelligence (AI) and Machine learning (ML) systems in medicine are poised to significantly improve health care, for example, by offering earlier diagnoses of diseases or recommending optimally individualized treatment plans. However, the emergence of AI/ML in medicine also creat...

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Main Authors: Sara Gerke, Boris Babic, Theodoros Evgeniou, I. Glenn Cohen
Format: Article
Language:English
Published: Nature Portfolio 2020-04-01
Series:npj Digital Medicine
Online Access:https://doi.org/10.1038/s41746-020-0262-2
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author Sara Gerke
Boris Babic
Theodoros Evgeniou
I. Glenn Cohen
author_facet Sara Gerke
Boris Babic
Theodoros Evgeniou
I. Glenn Cohen
author_sort Sara Gerke
collection DOAJ
description Abstract Artificial intelligence (AI) and Machine learning (ML) systems in medicine are poised to significantly improve health care, for example, by offering earlier diagnoses of diseases or recommending optimally individualized treatment plans. However, the emergence of AI/ML in medicine also creates challenges, which regulators must pay attention to. Which medical AI/ML-based products should be reviewed by regulators? What evidence should be required to permit marketing for AI/ML-based software as a medical device (SaMD)? How can we ensure the safety and effectiveness of AI/ML-based SaMD that may change over time as they are applied to new data? The U.S. Food and Drug Administration (FDA), for example, has recently proposed a discussion paper to address some of these issues. But it misses an important point: we argue that regulators like the FDA need to widen their scope from evaluating medical AI/ML-based products to assessing systems. This shift in perspective—from a product view to a system view—is central to maximizing the safety and efficacy of AI/ML in health care, but it also poses significant challenges for agencies like the FDA who are used to regulating products, not systems. We offer several suggestions for regulators to make this challenging but important transition.
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spelling doaj.art-71fe73e8f86343b4ab6486b9125a611b2023-12-02T16:20:10ZengNature Portfolionpj Digital Medicine2398-63522020-04-01311410.1038/s41746-020-0262-2The need for a system view to regulate artificial intelligence/machine learning-based software as medical deviceSara Gerke0Boris Babic1Theodoros Evgeniou2I. Glenn Cohen3Project on Precision Medicine, Artificial Intelligence, and the Law; Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School, Harvard UniversityINSEAD, 1 Ayer Rajah AveINSEADHarvard Law School; Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School, Harvard UniversityAbstract Artificial intelligence (AI) and Machine learning (ML) systems in medicine are poised to significantly improve health care, for example, by offering earlier diagnoses of diseases or recommending optimally individualized treatment plans. However, the emergence of AI/ML in medicine also creates challenges, which regulators must pay attention to. Which medical AI/ML-based products should be reviewed by regulators? What evidence should be required to permit marketing for AI/ML-based software as a medical device (SaMD)? How can we ensure the safety and effectiveness of AI/ML-based SaMD that may change over time as they are applied to new data? The U.S. Food and Drug Administration (FDA), for example, has recently proposed a discussion paper to address some of these issues. But it misses an important point: we argue that regulators like the FDA need to widen their scope from evaluating medical AI/ML-based products to assessing systems. This shift in perspective—from a product view to a system view—is central to maximizing the safety and efficacy of AI/ML in health care, but it also poses significant challenges for agencies like the FDA who are used to regulating products, not systems. We offer several suggestions for regulators to make this challenging but important transition.https://doi.org/10.1038/s41746-020-0262-2
spellingShingle Sara Gerke
Boris Babic
Theodoros Evgeniou
I. Glenn Cohen
The need for a system view to regulate artificial intelligence/machine learning-based software as medical device
npj Digital Medicine
title The need for a system view to regulate artificial intelligence/machine learning-based software as medical device
title_full The need for a system view to regulate artificial intelligence/machine learning-based software as medical device
title_fullStr The need for a system view to regulate artificial intelligence/machine learning-based software as medical device
title_full_unstemmed The need for a system view to regulate artificial intelligence/machine learning-based software as medical device
title_short The need for a system view to regulate artificial intelligence/machine learning-based software as medical device
title_sort need for a system view to regulate artificial intelligence machine learning based software as medical device
url https://doi.org/10.1038/s41746-020-0262-2
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