Bills of Congress by U.S. Congress

H.R.238 - Healthy Technology Act of 2025 (119th Congress)

Summary

H.R.238, the "Healthy Technology Act of 2025," aims to amend the Federal Food, Drug, and Cosmetic Act. The bill seeks to clarify that artificial intelligence (AI) and machine learning (ML) technologies can be recognized as practitioners eligible to prescribe drugs. This eligibility is contingent upon state authorization and FDA approval, clearance, or authorization.

Expected Effects

If enacted, this bill would expand the definition of 'practitioner' to include AI and ML technologies in the context of drug prescriptions. This could lead to increased use of AI in healthcare, potentially improving access to medication and streamlining the prescription process. However, it also raises concerns about patient safety, data privacy, and the role of human oversight in medical decisions.

Potential Benefits

  • Increased Access to Medication: AI could provide prescriptions in underserved areas or during times when human practitioners are unavailable.
  • Efficiency and Speed: AI could potentially expedite the prescription process, reducing wait times for patients.
  • Data-Driven Decisions: AI algorithms can analyze vast amounts of data to personalize prescriptions and improve treatment outcomes.
  • Reduced Healthcare Costs: Automation through AI could lead to lower administrative and operational costs in healthcare.
  • Innovation in Healthcare: Encourages the development and adoption of new technologies in the medical field.

Potential Disadvantages

  • Patient Safety Concerns: Over-reliance on AI could lead to errors in diagnosis or prescription, potentially harming patients.
  • Data Privacy Risks: The use of AI in healthcare raises concerns about the security and privacy of patient data.
  • Lack of Human Oversight: Insufficient human oversight could result in inappropriate or harmful prescriptions.
  • Job Displacement: Increased automation could lead to job losses for pharmacists and other healthcare professionals.
  • Ethical Considerations: Questions arise regarding liability and accountability in cases of AI-related medical errors.

Constitutional Alignment

The bill's constitutional alignment is primarily related to the Commerce Clause (Article I, Section 8), as it regulates the prescription of drugs, which falls under interstate commerce. The federal government's role in regulating drugs through the FDA is well-established. However, the bill also touches upon states' rights, as it requires state authorization for AI to prescribe drugs, reflecting a balance between federal oversight and state autonomy. There are no apparent violations of individual rights outlined in the Bill of Rights.

Impact Assessment: Things You Care About

This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).