Rep. Murphy Wants FDA Artificial Intelligence Info

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Rep. Gregory Murphy (R-NC), a practicing urologic surgeon and co-chair of the Congressional Doctors Caucus, is asking FDA for information on its approach to artificial intelligence (AI) in medicine and the tools and authorities it may need. In a 1/3 letter to FDA commissioner Robert Califf, Murphy says it has been estimated that AI could eliminate up to $360 billion in healthcare spending in the United States. He says the savings “could be realized from administrative cost reductions, rooting out inappropriate medical care, and increasing labor productivity.”

He notes that although several proposals to establish artificial intelligence regulatory frameworks have been introduced in both chambers of Congress, no “serious effort” has been made by either body to pass comprehensive legislation.

Murphy says FDA has cleared over 500 such devices using current 510(k) clearance/premarket approval (PMA) frameworks. But, he cautions, unclear liability guidance and overlapping regulatory governance responsibility are undermining product manufacturers and will hinder patients’ access to emerging therapeutic technologies.

“I am committed to ensuring FDA has the authority and tools it needs to cultivate an environment that advances innovation in the development and use of artificial intelligence in health care to fortify the doctor-patient relationship and improve care outcomes through lower costs, increased patient convenience, and personalization,” Murphy writes. To that end, he asks for the agency’s responses to these points:

  • the actions FDA is taking to prepare for a rapid increase in 510(k) and PMA requests for ML (machine learning) and AI devices;
  • whether the agency plans to strengthen its 510(k) Third-Party Review program for less complex products to free staff time;
  • whether the agency supports voluntary alternative pathways for the approval of AI products and integrated devices;
  • whether the agency supports a liability safe harbor for AI-enabled devices and physicians using such devices in the context of continued compliance with post-market surveillance programs; and
  • FDA’s views on the role that organizations such as medical licensing bodies, hospital credentialing boards, and medical societies should play in establishing AI standards of use.

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