Question · FSMB AI / state boards
Who is liable when a physician follows an AI recommendation that causes harm?
The FSMB's House of Delegates adopted policy in April 2024 saying physicians stay accountable for care delivered with AI and setting expectations on understanding tools, documentation, informed consent, privacy and bias.
01 / The answer
The short answer
For medical board purposes, the physician. The FSMB policy adopted in April 2024 says the physician is ultimately responsible for using AI and should be held accountable for harms that result. Boards regulate licensees, not tools, and the policy says a board's scrutiny depends on how closely the AI function resembles the practice of medicine and how much risk it poses. Following an AI output does not shift the standard of care. Malpractice liability, and any claims against the vendor, are decided by courts under state law, which the FSMB policy does not settle.
02 / The rule
What FSMB AI / state boards requires
The FSMB's House of Delegates adopted policy in April 2024 saying physicians stay accountable for care delivered with AI and setting expectations on understanding tools, documentation, informed consent, privacy and bias. Boards cannot regulate AI products directly, but they discipline licensees, so this policy signals how boards are likely to judge AI-related complaints.
- 01Accept that the physician is ultimately responsible and accountable for harms from AI used in care.
- 02Understand the AI tools used well enough to explain how an output was reached and why it was followed or not.
- 03Document the rationale when deviating from an AI recommendation, and be able to give a reasonable account of how the AI reached its output and why it was followed or not.
- 04Obtain patient consent before applying an AI tool to their care and be ready to disclose its use.
03 / Records
Records to keep
- 01Chart notes documenting AI use and clinical rationale
- 02Patient consent or disclosure records for AI tools
- 03Vendor security and data-handling review for AI tools
- 04AI-related CME completion records
Optional evidence · where Planisphere fits
Keep a record anyone can check
When your team meets a duty, Planisphere can seal the event it reports as a receipt.
A disclosure shown, a review signed, a model change approved: the event your system reports.
The event becomes a sealed receipt, dated and attributed to whoever is signed in.
Paste the receipt into Verify. No account or key.
A record supports your compliance evidence process. It is not a legal finding or a certification. Systems that call Planisphere's gate API can also hold or refuse an action before it runs.
SOURCES
Go back to the source
Federation of State Medical Boards
New York State Education Department, Office of the Professions
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Related: FSMB AI / state boards: the full guide · What do state medical boards say about using AI in clinical decisions? · Do I need patient consent to use AI in a clinical encounter?