Skip to main content

How to skirt AI rules, according to the FDA

The ideas and innovators shaping health care
Jan 31, 2024 View in browser
 
Future Pulse

By Daniel Payne, Carmen Paun, Erin Schumaker and Ruth Reader

TECH MAZE

A doctor prepares a prescription on a computer screen on September 5, 2012 in Berlin, Germany.

Even AI that summarizes doctors' notes could affect care, a new JAMA paper argues. | Adam Berry/Getty Images

Did federal regulators give artificial intelligence developers a roadmap to avoid their oversight?

In a limited way, they did, according to University of Maryland researchers.

In a new paper in JAMA, the researchers say the FDA inadvertently revealed a loophole when it said that some AI products, such as those that summarize doctors’ notes, wouldn't be considered medical devices subject to FDA rules. The loophole was included in the FDA’s guidance for “clinical decision support software,” which it issued in September 2022.

The guidance, released just two months before ChatGPT revolutionized AI, suggested that the agency didn’t consider note-taking AI within its purview because such technology doesn’t make specific predictions or disease estimates.

That’s too bad, the researchers argue, because AI that merely tries to make sense of the mountains of clinical documentation could still need regulatory oversight and harm patients without it.

How so? The words the AI chooses to create the summaries could nudge clinicians in one direction or another.

AI systems have also exhibited bias toward producing what a target audience expects — which could reinforce a doctor’s own biases.

Meanwhile, even small errors in summarizing notes could adversely affect care delivery.

What’s next? The authors say that even if the FDA were to seek to write rules for AI that summarize doctors’ notes, it might fail without receiving explicit new authority from Congress.

 

CONGRESS OVERDRIVE: Since day one, POLITICO has been laser-focused on Capitol Hill, serving up the juiciest Congress coverage. Now, we’re upping our game to ensure you’re up to speed and in the know on every tasty morsel and newsy nugget from inside the Capitol Dome, around the clock. Wake up, read Playbook AM, get up to speed at midday with our Playbook PM halftime report, and fuel your nightly conversations with Inside Congress in the evening. Plus, never miss a beat with buzzy, real-time updates throughout the day via our Inside Congress Live feature. Learn more and subscribe here.

 
 
WELCOME TO FUTURE PULSE

Mt. Washington, N.H.

Mt. Washington, N.H. | Sam Oates

This is where we explore the ideas and innovators shaping health care.

Stop the spread? Maybe not. Three in four people say they've hidden a contagious illness, or would do so in the future, according to a new study. Why? They didn't want to miss work, upend travel plans or skip social events. A caveat: Only 1 in 5 people said they’d hide a Covid infection.

Share any thoughts, news, tips and feedback with Carmen Paun at cpaun@politico.com, Daniel Payne at dpayne@politico.com, Ruth Reader at rreader@politico.com or Erin Schumaker at eschumaker@politico.com.

Send tips securely through SecureDrop, Signal, Telegram or WhatsApp.  

FORWARD THINKING

Christophe, a former French soldier, holds a cup as he sits at the "Athos" house - a place that welcomes veterans with traumas - in Toulon, southern France, on May 26, 2021. - Some 2,800 French servicemen suffering from psychological injuries have been recorded from 2010 to 2019, five times more than the number of physically injured. In the army alone, 70% of the 1,000 wounded on long-term sick leave suffer from   post-traumatic stress disorder (PTSD). (Photo by Nicolas TUCAT / AFP) (Photo by NICOLAS TUCAT/AFP via Getty Images)

An avatar therapist can always find time for an appointment. | AFP via Getty Images

Virtual reality powered by AI could help close the gap between the number of people who could benefit from therapy and the number of therapists available to treat them.

That is, if people don’t mind meeting with a therapy bot, POLITICO’s Gregory Svirnovskiy reports.

Researchers at Cedars-Sinai Medical Center in Los Angeles say their small study in which 14 people met with a therapy avatar in relaxing settings shows promise. npj Digital Medicine published the study on Jan. 26.

The avatar relied on XAIA, short for the eXtended-reality Artificial Intelligence Assistant, a large language model, to guide its exchanges with the participants during 30-minute sessions.

The participants brought up issues such as divorce, job loss, and substance abuse and testified to the program’s benefits.

What did they like? The avatar’s accessibility, anonymity, empathy and calming demeanor.

Even so: Some people preferred the deeper and more nuanced engagement that comes from interaction with real therapists.

Why it matters: An estimated 57.8 million adults lived with mental illness in 2021, according to the National Survey on Drug Use and Health. But almost 55 percent of adults with mental illnesses don’t receive treatment, per Mental Health America’s 2023 Access to Care Ranking. Availability — and cost — continues to be a central issue.

“While this technology is not intended to replace psychologists — but rather augment them — we created XAIA with access in mind, ensuring the technology can provide meaningful mental health support across communities,” Brennan Spiegel, one of the study’s authors, said in a press release.

Of note: The technology could have merit, but the study is too small to draw definitive conclusions and more robust research is needed.

 

DON’T MISS POLITICO’S GOVERNORS SUMMIT: Join POLITICO on Feb. 22 to dive into how Governors are wielding immense power. While Washington remains gridlocked, governors are at the center of landmark decisions in AI and tech, economic development, infrastructure, housing, reproductive health and energy. How are they setting the stage for the future of American politics, policies and priorities? How are they confronting major challenges? Explore these questions and more at the 2024 Governors Summit. REGISTER HERE.

 
 
INNOVATORS

This illustration image shows tablets of opioid painkiller Oxycodone delivered on medical prescription taken on September 18, 2019 in Washington,DC. - Millions of Americans sank into addiction after using potent opioid painkillers that the companies churned out and doctors freely prescribed over the past two decades. Well over 400,000 people died of opioid overdoses in that period, while the companies involved   raked in billions of dollars in profits. And while the flood of prescription opioids into the black market has now been curtailed, addicts are turning to heroin and highly potent fentanyl to compensate, where the risk of overdose and death is even higher. (Photo by Eric BARADAT / AFP) (Photo by /AFP via Getty Images)

Researchers are pursuing new pain medications that don't pose an overdose risk. | ERIC BARADAT/AFP via Getty Images

Imagine a prescription opioid that alleviates pain but can’t cause an overdose.

California-based Ensysce Biosciences is working to bring one to market, and the Food and Drug Administration gave its efforts a boost this month when it granted its experimental opioid the agency’s breakthrough designation. That means the FDA wants the drug developed and reviewed faster than usual because preliminary evidence shows it could be better than similar medicines.

The drug has already cleared a Phase I clinical trial funded by the National Institute on Drug Abuse.

How it works: The experimental drug is an oxycodone derivative combined with an inhibitor of the digestive enzyme trypsin, which activates the opioid in the intestine.

If people take more than the prescribed amount, the inhibitor will block the enzyme, impeding the opioid from passing into the bloodstream.

“And that’s where you’re getting this overdose protection,” Ensysce CEO Lynn Kirkpatrick told Carmen.

Bragging rights: The company said it believes the drug is the first in any drug class to come with oral overdose protection.

“It’s quite incredible that the FDA granted a breakthrough status to an opioid product,” Kirkpatrick said, noting health care experts and politicians are wary of the pain relievers since overprescribing has caused hundreds of thousands of fatal overdoses over the past two decades.

“We do need opioids. We just need safer opioids, and I'm glad they recognized the fact that we have innovation in the opioid field,” Kirkpatrick said of the FDA.

 

Follow us on Twitter

Carmen Paun @carmenpaun

Daniel Payne @_daniel_payne

Ruth Reader @RuthReader

Erin Schumaker @erinlschumaker

 

Follow us

Follow us on Facebook Follow us on Twitter Follow us on Instagram Listen on Apple Podcast
 

To change your alert settings, please log in at https://www.politico.com/_login?base=https%3A%2F%2Fwww.politico.com/settings

This email was sent to rouf@idiot.cloudns.cc by: POLITICO, LLC 1000 Wilson Blvd. Arlington, VA, 22209, USA

Unsubscribe | Privacy Policy | Terms of Service

Comments

Popular Posts

πŸ’‘The most innovative iPhone trick of the year.

Watch the performance: The ULTIMATE every-day carry. Make the physical light on the back of your iPhone come to life and move around. Then hand everything out for examination. This is a wildly innovative idea you have to see to believe.   ...

Breaking News: Top lawmakers strike funding deal, potentially averting weekend shutdown

Breaking News Alert Top lawmakers strike funding deal, potentially averting week...

Google Alert - Swift

Swift Daily update ⋅ November 28, 2017 NEWS The World's Best Driver's Car Under $18000 Is A Suzuki Swift Sport Forbes What better way to regain the interest of a generation that has fallen out of love with the car than to give it a super hot hatch like the Suzuki Swift Sport? Flag as irrelevant Taylor Swift tops Billboard chart for second week in a row... after breaking record with Reputation ... Daily Mail She broke a personal best record by selling 1.29 million copies of Reputation in the first week of it's release last week. And Taylor Swift has kept the success train running. The 27-year-old singer's latest album has topped the charts for the second week in a row according to Billboard. According to the ... Taylor Swift's 'Reputation' Is No. 1 Again, but Will It Maintain Its Momentum? - New York Times Chart Watch: Ta...

The GOP popularity contest

Presented by New Jersey Coalition of Automotive Retailers: Matt Friedman's must-read briefing on the Garden State's important news of the day Mar 06, 2025 View in browser   By Matt Friedman Presented by  ...

3 new tricks that will fool you... even when you know the secret.

Watch full performances of each trick here, and get fooled 3 times! ! (there are 3 separate videos) https://www.penguinmagic.com/p/16584 "Strong, really fooling ... there is no way it can be reconstructed." - Nique Tan I love these 3 tricks so much. 1. They're virtually impossible to figure out! They're so hard to figure out in fact, that even when you know the secret it's fun to perform, because it feels magical. 2. No sleight of hand . These tricks are super easy to perform. You can comb...

New today: The #1 best selling mind-reading wallet of the year

"This is the best mentalism device I've seen in many years! Bar none." - Steven Palmer TL;DR:  Our most requested upgrade from pros. The best selling mind-reading wallet is now available for the first time in genuine leather for only $59.95 .  It's also available in a new color, midnight blue for only $39.95 We only have 150 genuine leather Razor Wallets, so they'll go fast. No more will arrive before Christmas. Genuine Leather Razor Wallet (only 150 available) https://www.penguinmagic.com/p/16650 ...

"I NEVER would have thought of this!" -Doug Henderson

"Impressive, deceptive and entertaining" - Joe Rindfleisch A straw visually changes from one color to another and your hands are completely empty! Watch it performed here: https://www.penguinmagic.com/p/9085 "I never would have thought of this technique! I had no idea straws had these properties! Very simple gimmick to make. No crafting skills required." - Doug Henderson This brand new trick uses a prop you find at your local fast food joint, and is PURE eye candy. Just when you think you know wh...

Market Outlook πŸš€ - Markets on Pace for Worst Month Since March 2020

Wages increase 1% in Q4 2021 Inside.com Part of   Network January 31, 2022 Presented by US Markets Stock Market futures are down slightly  on the last trading day of January, which is on track to be the worst month for U.S. equities since March 2020.  The S&P 500 is down 7% in January and down 8% from its highest point this month.  The Nasdaq is down 12% this month and 15% from its November high.  The current 10 Year U.S. Treasury yield is set at 1.79400% Dow Jones  34,725.47 1.65% S&P 500  4,431.85 2.43% Nasdaq  13,770.57 3.13% Russell 2000 1,968.51 1.93% *Stock Market data as of the last closing bell. Data received directly from the references indexes through ICE Data Services. Do you not understand any of these figures? Check out our explainer.   ...

Ludo, you have 2 new friends

    A lot has happened on Facebook since you last logged in. Here are some notifications you've missed from your friends.       Ludo Maallam             2 new friends               You have new notifications.             A lot has happened on Facebook since you last logged in. Here are some notifications you've missed from your friends.       Ludo Maallam             2 new friends               Go to Facebook     View Notifications             This message was sent to ludomallam@idiot.cloudns.cc . If you don't want to receive these emails from Facebook in the future, please unsubscribe . Facebook, Inc., Attention: Community Support, 1 Facebook Way, Menlo Park, CA 94025         To help k...

πŸ“· Naveed Hussain shared Vijy Kumar's photo

  Ludo, see the post that he shared.           Facebook                 πŸ“· Naveed Hussain shared Vijy Kumar 's photo. 4 June at 21:05   View               This message was sent to ludomallam@idiot.cloudns.cc . If you don't want to receive these emails from Facebook in the future, please unsubscribe . Facebook, Inc., Attention: Community Support, 1 Facebook Way, Menlo Park, CA 94025         To help keep your account secure, please don't forward this email. Learn more.