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Regulatory and Governance Context

Checked 2026-07-23. This is orientation for research documentation, not legal advice or a regulatory determination.

FDA Clinical Decision Support

FDA issued the current Clinical Decision Support Software final guidance in January 2026 and reissued it on January 29, 2026. It explains how FDA interprets the statutory criteria for certain CDS software functions excluded from the device definition under section 520(o)(1)(E) of the FD&C Act and distinguishes those functions from device software functions.

Do not turn the guidance into a self-certification score. Regulatory status depends on the complete function and intended use, including:

This skill intentionally stays outside patient-specific and live clinical functions. An artifact title, disclaimer, or “human in the loop” statement does not by itself make software non-device.

Source: FDA Clinical Decision Support Software, final guidance (January 2026).

FDA AI-Enabled Device Lifecycle

Use these sources only to identify documentation themes for research governance:

Recurring lifecycle themes:

These sources do not authorize this skill to create a medical device or a submission.

ONC HTI-1 Transparency

The HTI-1 final rule added the Decision Support Interventions certification criterion at 45 CFR 170.315(b)(11). Its scope is certified health IT and the configurations defined in the rule; it is not a universal certification checklist for every research model.

For predictive DSIs in scope, the rule and ONC materials emphasize source attributes covering:

They also describe intervention risk management for predictive DSIs supplied by certified health IT developers. Use these categories as a useful transparency crosswalk only when relevant; do not claim ONC certification.

Sources:

ICH E6(R3), E9, and E9(R1)

Use ICH only when the artifact concerns clinical-trial planning, conduct, analysis, or evidence interpretation.

The current consolidated E6(R3) Step 4 guideline combines the principles, Annex 1, and Annex 2. It was adopted June 16, 2026 after Annex 2 reached Step 4 on June 3, 2026. Relevant governance themes include:

ICH E9 provides statistical principles for clinical trials. E9(R1), adopted November 20, 2019, requires alignment of the clinical question, estimand, design, conduct, analysis, and interpretation. Its estimand attributes and intercurrent-event strategies should be pre-specified; sensitivity analyses assess robustness to assumptions.

Sources:

ICH alignment must be assessed by the sponsor and relevant authorities. A script cannot establish GCP conformity.

Governance Crosswalk

Documentation field FDA/AI theme ONC HTI-1 theme ICH theme
Intended use/users/population Function and intended use Purpose/source attributes Trial objective/population
Limitations/out-of-scope use Labeling/transparency Cautioned use Protocol constraints
Data provenance Dataset characterization Development details Data origin/fitness
External validation Clinically relevant testing External-validation process Evidence reliability
Subgroup/fairness Representative performance Fairness process Population relevance
Human factors Human-AI team Intended decision role Feasibility/quality
Monitoring/change control TPLC/PCCP Maintenance schedule Quality management
Audit trail Submission/version evidence Source attributes Essential records/metadata

Treat the crosswalk as a documentation aid, never a conformity assessment.