FDA Seeking Feedback on AI/ML-Based Software Regulation
An FDA discussion paper is seeking comments on a proposed framework for modifications to artificial intelligence- and machine learning-based software as a medical device that is based on the internationally harmonized International Medical Device Regulators Forum risk categorization principles, FDA’s benefit/risk framework, management principles in the agency’s software modification guidance, and the organization-based total product lifecycle approach as envisioned in the digital health software precertification program. The paper “describes an innovative approach that may require additional statutory authority to implement fully. The proposed framework is being issued for discussion purposes only and is not a draft guidance. This document is not intended to communicate FDA’s proposed (or final) regulatory expectations but is instead meant to seek early input from groups and individuals outside the agency prior to development of a draft guidance,” it says.
In the framework, FDA introduces a “predetermined change control plan” in premarket submissions that would include the types of anticipated modifications and the associated methodology being used to implement the changes in a controlled manner that manages risks to patients. In this approach, FDA says, the agency would expect a commitment from manufacturers on transparency and real-world performance, monitoring for artificial intelligence and machine learning-based software as a medical device, as well as periodic updates to FDA on what changes were implemented as part of the approved pre-specifications and the algorithm change protocol.
“The proposed regulatory framework could enable FDA and manufacturers to evaluate and monitor a software product from its premarket development to postmarket performance,” FDA says. “This potential framework allows for FDA’s regulatory oversight to embrace the iterative improvement power of artificial intelligence and machine learning-based software as a medical device, while assuring patient safety.”