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Understanding HR238: Healthy Technology Act of 2025

3 min read
Imagine a world where artificial intelligence (AI) can prescribe your medication. The Healthy Technology Act of 2025, also known as H.R. 238, aims to make this a reality by allowing certain AI systems to be recognized as "practitioners" who can prescribe drugs, but only if state laws permit it. This bill could change the way we think about healthcare and technology.

What This Bill Does

The Healthy Technology Act of 2025 is a short and focused piece of legislation. It changes a part of the Federal Food, Drug, and Cosmetic Act to allow AI systems to be considered as "practitioners" who can prescribe medications. However, this is only possible if the state where the AI is being used allows it. The bill doesn't automatically approve any AI systems; instead, it sets the stage for states to decide if they want to use AI in this way. To qualify, the AI system must be approved, cleared, or authorized by the Food and Drug Administration (FDA). The FDA has several pathways for this, including premarket notifications and approvals for high-risk devices. This means that the AI must meet certain safety and effectiveness standards before it can be used to prescribe medications. Importantly, the bill does not include any specific safety requirements, like having a human oversee the AI's decisions or keeping detailed records of what the AI prescribes. It also doesn't address who would be responsible if something goes wrong with an AI-prescribed medication.

Why It Matters

This bill could have a significant impact on healthcare, especially in areas where there are not enough doctors. AI systems could help fill the gap by providing prescriptions for common conditions, making healthcare more accessible to people in rural or underserved areas. This could be a game-changer for those who struggle to get timely medical care. However, the bill also raises questions about safety and accountability. If AI systems are allowed to prescribe medications, it could change the way patients interact with healthcare providers. Some people might worry about losing the personal touch that comes with seeing a doctor in person. Others might be concerned about the potential for errors or biases in AI systems.

Key Facts

  • Cost/Budget Impact: The bill itself does not have a direct cost or funding provision.
  • Timeline for Implementation: The bill is currently in the introductory stage, with no amendments or changes yet.
  • Number of People Affected: Potentially millions, especially in states that choose to authorize AI prescribing.
  • Key Dates: Introduced on January 7, 2025, with no current amendments.
  • FDA's Role: AI systems must be approved, cleared, or authorized by the FDA before they can be used as prescribers.
  • State Control: States have the final say on whether AI systems can be used as prescribers within their borders.
  • No Safeguards: The bill does not include specific safety or accountability measures for AI prescribing.

Arguments in Support

- Improved Access: AI could help provide medical services in areas with doctor shortages, particularly in rural regions. - Legal Clarity: The bill provides a clear legal framework for AI systems to be used as prescribers, reducing uncertainty for developers and healthcare providers. - Safety Checks: AI systems can reduce human errors in prescribing, such as drug interactions or incorrect dosages. - Chronic Disease Management: AI could handle routine prescriptions for chronic conditions, freeing up doctors to focus on more complex cases. - Innovation Encouragement: By recognizing AI as potential prescribers, the bill encourages investment and development in healthcare technology.

Arguments in Opposition

- Patient Safety Concerns: Critics worry that AI might miss important clinical cues that a human doctor would catch. - Accountability Issues: The bill does not address who is responsible if an AI-prescribed medication causes harm. - Bias Risks: AI systems could perpetuate biases present in their training data, affecting who gets prescribed what. - Over-Prescribing Risks: AI might over-prescribe or under-prescribe medications based on flawed data or algorithms. - Premature Authorization: Some believe the bill is premature given the evolving nature of AI regulation and technology.
Sources9
Last updated 1/11/2026
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Understanding HR238: Healthy Technology Act of 2025 | ModernAction