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TamRx · Medical AI compliance

Is my AI a medical device?

Whether your AI software is regulated comes down to intended purpose and whether its output informs a clinical decision — not the technology. This is the first and most consequential question for any medical-AI team, because it determines every obligation that follows.

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What makes software a medical device

Under EU MDR and MDCG 2019-11, software qualifies as medical device software (MDSW) when it provides information used for diagnostic or therapeutic purposes. The FDA applies a parallel Software as a Medical Device (SaMD) framework. The decisive factor is the intended purpose you state and the role the output plays in a clinical decision.

The wellness vs medical line

General wellness tools that don't influence diagnosis or treatment typically fall outside device regulation. But the boundary is narrower than most teams assume: software that 'supports' a clinical decision often crosses into regulated territory. Engineering the intended-purpose wording to avoid a class is the most common mistake — reviewers see through it immediately.

Why intended purpose is everything

The intended-purpose statement is the single most load-bearing sentence in your regulatory file. It drives qualification, classification, the evidence you need and the obligations you carry. Getting it precise — neither over- nor under-claiming — is the foundation of a defensible position.

Frequently asked questions

Does using AI automatically make my software a medical device?
No. Rule-based or AI-based, what matters is whether the software's intended purpose is medical — whether its output informs diagnosis, treatment or clinical management. Software with no medical intended purpose is generally outside device regulation.
Is clinical decision support always a medical device?
Often, but not always. If the software influences a clinical decision and the clinician cannot independently review the basis, it is more likely regulated. The FDA's CDS criteria and EU MDCG 2019-11 give the detailed tests.
What's the difference between MDR and FDA qualification?
They use parallel logic but differ in detail. EU MDR uses MDSW qualification under MDCG 2019-11; the FDA uses its SaMD framework and CDS guidance. A device can be regulated in one jurisdiction and treated differently in another.
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Decision-support only. AI-generated content may contain errors. Not legal or medical advice, and no guarantee of regulatory approval. Verify against primary legislation, guidance and qualified professional judgement before submission.