More Benefits Than Risks in Excluded Software: FDA
FDA says its review of data and information from several sources indicates that there generally are more benefits than risks to patient safety and health related to software functions excluded by the 21st Century Cures Act from the definition of a medical device. The agency’s 2020 report on risks and benefits to health of non-device software functions says the intended functions of the excluded software are summarized as (1) administrative support of a healthcare facility; (2) maintaining or encouraging a healthy lifestyle unrelated to the diagnosis, cure, mitigation, prevention, or treatment of a disease or condition; (3) serving as electronic patient records when not intended to interpret or analyze patient records; (4) transferring, storing, or converting formats, or displaying data, or (5) unless interpreting or analyzing a clinical test or other device data, providing certain types of limited clinical decision support to a healthcare provider.
The Cures Act requires FDA to publish a report every two years that examines information available to HHS on any risks and benefits to health associated with the software functions. The first report was issued in 2018.