Read the new underwriting policy that’s been introduced due to the increasing adoption of AI.
______
AI technology is quickly becoming a familiar tool in the world of healthcare. Clinicians are using it for diagnostics, administration, and even to aid in decision making. While AI definitely has its place, the potential risks and challenges associated with these tools and systems can be complex.
The issue of liability when it comes to errors driven by the use of AI can cause boundaries to blur when it comes to responsibility.
We’ve put together a new policy for members around the assistance that we can provide when AI is used in healthcare. As AI develops and legislative and regulatory frameworks change, we will continue to review and update this policy as necessary.
Artificial Intelligence (AI) and robotics in healthcare underwriting policy
Definitions
Artificial Intelligence (AI) is the use of computers and machines to perform tasks that typically require human intelligence, such as learning, problem solving, recognising images, understanding language, and making decisions.
Robotics is the development and application of machines that can perform tasks autonomously or semi-autonomously. In healthcare, this can range from surgery and diagnosis to disinfection and logistics.
Background
The use of AI and robotics in healthcare presents a complex challenge, due to the rapid advancement in technology and the widespread adoption by clinicians. Additional challenges arise from a lack of clarity from governments and regulators regarding recommended use, as well as around the issue of liability for AI-related errors.
AI is currently being used in healthcare for clinical documentation (AI scribes), diagnosis, treatment planning/monitoring, and AI-assisted surgery. Robotics can be used in surgery, rehabilitation, diagnostics, laboratories, and medication dispensing.
Policy
Benefits of membership include assistance with matters arising from the use of AI systems, tools, and robotics, provided these are not a fully autonomous system and a human remains as the decision maker (human-in-the-loop).
‘Fully autonomous’ means that a clinician does not maintain oversight or have final decision-making authority. AI must support – but not replace – clinical professional judgment.
Conditions
- AI use must be limited to clinical practice that falls within a member’s specialty or expertise. Assistance will not be provided where a member has relied on AI to provide treatment that falls outside their normal scope of practice.
- Members must comply with any applicable laws/regulations or national guidance relating to the use of AI in the country of membership.
- Members should have clear policies relating to the use of AI, including when patient consent should be obtained.
- Members are only eligible for assistance with matters brought in their country of membership.
- Members undertaking medicolegal or dentolegal expert work must inform the instructing solicitor when AI has been used in the assessment and/or creation of their reports.
- Members must inform us of any cross-border work – including that involving AI – and the usual telehealth policy will apply.
- Members using robotics must always be co-located with the patient and the robotic device.
Exclusions
Benefits of membership exclude assistance with:
- Matters arising from the use of fully autonomous AI systems, tools or robotics. ‘Fully autonomous’ means that a clinician does not maintain oversight or final decision-making authority. AI must support – but not replace – clinical professional judgment.
- Claims relating to product liability, including the design, build, or distribution of the AI system, tools, or robotics. This includes any claims arising from failure, defects, or technical limitations of the systems.
- Claims and/or monetary penalties arising from data loss or data breaches.
- Acts or omissions of third parties, whether employing or employed by the member or otherwise, unless prior explicit agreement has been provided by Dental Protection.
- Matters arising from use of robotics where the member, robotic device, and patient are not co-located.
If you are using AI outside of this policy or if there are any new developments to AI and you are unsure about your position and protection when using it, please contact the membership team who will be able to consider your query.
More information on our AI safer practice framework.