Who decides if a medical AI is safe?
As AI moves from narrow imaging tools to chatbots and agents, who is responsible for proving it is safe to use on patients?
US regulators have widened exemptions for decision-support software while starting to design rules for generative AI, and Europe has chosen to layer the AI Act on top of medical-device law. Meanwhile consumer chatbots and NHS scribes are being governed by product terms, procurement rules and state laws rather than premarket review.
- Rule · In forceUSFDA PCCP guidance
The baseline: FDA lets cleared AI devices change within a pre-approved plan.
- FDA loosens oversight of AI decision-support software and health wearables
FDA widens the categories of AI decision-support and wearable software it will not review.
- OpenAI launches ChatGPT Health, linking medical records and wellness apps
A consumer chatbot takes in medical records while staying outside device regulation.
- Illinois bars AI from delivering therapy without a licensed professional
States step in for mental-health chatbots, some with outright bans.
- NHS England updates AI scribe guidance and launches supplier registry
The NHS uses procurement standards and a supplier registry to set a floor for AI scribes.
- Science study: OpenAI's o1 beat physicians at diagnosis on real ER cases
Evidence that LLMs can out-diagnose doctors on paper raises the stakes of getting oversight right.
- EU deal keeps AI medical devices under AI Act high-risk rules, delayed to 2028
Europe opts for dual MDR and AI Act scrutiny rather than a carve-out.
- Rule · Partly in forceEUEU AI Act
The horizontal law whose high-risk duties now apply to AI medical devices from August 2028.
Also on Project Meridian and the race to govern military AI, Transparency, not licensing
- FDA proposes a risk framework for generative AI medical devices
FDA sketches how it might review generative AI devices by autonomy and harm.
Where this line could go next
Connected developments not on this line
- DevelopmentUK accepts all 44 recommendations of doctor-led commission on regulating health AI6 Oct 2026 · Policy · GB
- DevelopmentEU Digital Omnibus on AI enters force, delaying high-risk AI Act duties to 2027-2827 Jul 2026 · Rule change · EU
- DevelopmentEU pushes AI Act duties for hiring and workplace AI back to December 20278 Jul 2026 · Rule change · EU
- DevelopmentAnthropic launches Claude for Healthcare with HIPAA-ready tools for providers and payers11 Jan 2026 · Launch · US
- DevelopmentFDA gives all employees agentic AI tools after 70% take-up of Elsa1 Dec 2025 · Launch · US
- DevelopmentEU finalises code of practice on marking and labelling AI-generated content10 Jun 2026 · Policy · EU