GovernanceCore
EnforcedUnited States (federal)Extraterritorial reach

FDA Guidance on Artificial Intelligence and Machine Learning in Software as a Medical Device

The FDA's approach to AI/ML-enabled medical devices, covering predetermined change-control plans, good machine-learning practice and transparency to clinicians. The main route to market for clinical AI in the US.

Status
Enforced
Jurisdiction
United States (federal) · National
Adopted
Jan 12, 2021
In force
Jan 12, 2021
Enforcement date
Regulator / body
US Food and Drug Administration (CDRH)
Sectors
Healthcare, Medical devices
Extraterritorial
Yes

Key dates

  • Jan 12, 2021
    AI/ML SaMD Action Plan published
  • Jan 7, 2025
    Draft guidance on AI-enabled device software functions issued

Risk areas addressed

Safety & robustnessTransparencyBias & discriminationHuman oversight

Who it applies to

Manufacturers of AI- or ML-enabled software functions marketed as medical devices in the United States.

Penalties & enforcement

Device marketing restrictions, recalls and enforcement under the FD&C Act.

Enforced by: US Food and Drug Administration (CDRH)

Getting ready

FDA AI/ML SaMD Guidance is enforced by US Food and Drug Administration (CDRH). Its obligations are already live, so a gap is a present exposure rather than a future one. In practice that means knowing which of your AI systems fall in scope in healthcare and medical devices, holding assessments that speak to safety & robustness, transparency and bias & discrimination, and being able to produce that evidence on request, including for systems built outside the jurisdiction.

Official source

US Food and Drug Administration

Related regulations

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