Utah is Letting AI Write Prescriptions. That Puts Your License at Risk.
It sounds like something from science fiction, but it is officially happening. The Utah Department of Commerce has legally authorized artificial intelligence to renew prescriptions. This contrasts with other states that have taken a more restrictive approach to AI in healthcare. For example, Oregon law prohibits any “nonhuman entity” from using a nursing title and the associated privileges.
So, what exactly happens if a pharmacist in a state prohibiting AI in healthcare receives a prescription from a Utah physician who relies on AI to write their prescriptions? What duties does the pharmacist have to make sure the prescription came from a living, breathing human being? How scrupulously must the Utah physician monitor autonomous AI?
Unfortunately for those wanting a concrete answer, state boards are notoriously slow to write new rules, but they are incredibly fast to issue sanctions and revoke licenses. Right now, nobody truly knows to what extent AI can be used in the health professions. That means the issue is going to be litigated by boards and courts throughout the country as new rules and regulations are brought out as experiments. While that sounds reasonable, licensed healthcare workers who are just trying to do their jobs get to be the lab rats.
If you are facing an investigation regarding your use of technology, do not try to explain the tech to the board yourself. Call the LLF National Law Firm Professional License Defense Team at 888-535-3686or contact us online. We help licensed professionals nationwide protect their careers.
The Rise of “Unsupervised Automation”
The widespread use of artificial intelligence and large language models has taken the world by storm. Health professions are no exception. But overreliance on them has created an emerging new category of scrutiny that we call “unsupervised automation.” This happens when a professional uses a tool to be more efficient, but the board views it as a dereliction of duty.
Consider the explosion of AI-based note-taking apps. These tools listen to patient encounters and automatically draft notes. They help save time and can be more accurate than scribes who rely on shorthand and do not fully grasp medical terminology. But many of these AI tools store data on third-party servers that may not be HIPAA compliant.
If that data leaks, you will be held responsible. Blaming technology (or your lack of understanding it) is not going to get you out of trouble. The board will ask why you entered patient data into an unverified and unsecured system. They may even frame it as professional malpractice, claiming that you were negligent and breached laws surrounding confidentiality.
The LLF National Law Firm Defends Professionals and Their Careers
The LLF National Law Firm Professional License Defense Team understands this gap between technology and regulation. We know that you are trying to be efficient, not negligent. When we negotiate with licensing boards, we help them contextualize your actions. We move the conversation away from “reckless automation” and back to your track record of patient care.
Call the LLF National Law Firm today at 888-535-3686 or contact us online.