Clinicians told the FT they accept AI at finding and refuse it at deciding. The FDA wrote that same line into six regulation numbers years ago. Press play and watch every AI-pathway 510(k) clearance sort itself onto the five rungs of what the software is legally allowed to say.
Each rung is a distinct rule with distinct language about what the output may assert. A device does not choose its rung; its product code does, and the product code is negotiated with FDA before the clearance letter goes out.
| Rung | Regulation | The device may output | n |
|---|---|---|---|
| 0 · Measure | 892.2050 / .2100 | Segmentations, volumes, contours, a reconstructed image. No claim about pathology. | 223 |
| 1 · Notify | 892.2080 / 870.2380 | “Look at this case sooner.” A worklist flag — explicitly not a diagnostic claim, and not for primary interpretation. | 82 |
| 2 · Detect | 892.2070 | A mark on the image: something is here. No characterisation of what. | 42 |
| 3 · Detect + characterise | 892.2090 | The mark, plus a score or likelihood attached to it. | 23 |
| 4 · Diagnose | 892.2060 | A diagnostic characterisation of the finding, handed to the clinician. | 12 |
“Cleared for appendicitis” and “detects appendicitis” are one preposition apart and mean different things to the resident reading at 3 AM.Builder’s Briefing, September 22, 2026
305 of the 382 clearances — 79.8% — sit on the bottom two rungs, where the device measures or flags and a human does the interpreting. That is the safety argument for all of them: a clinician reviews the output.
In the March survey the FT drew on, 74% of clinicians named deskilling as a top concern with clinical AI, and only 27% reported any awareness of AI governance where they work. Three-quarters of the people the mitigation depends on are saying the tool erodes the skill the mitigation is made of. That is not an ethics finding. It is a control that names a dependency nobody is measuring.
Want to interrogate the same 382 clearances yourself — by year, by specialty, by company, with the repeat-filer collapse switched on? Open the explorer →