AI Regulatory Sandboxes Meet FDA: What Utah's Experiment Means for Clinical AI Developers

October 27, 2026

By Brynn Stanley

Utah is testing how clinical artificial intelligence (AI) can operate under negotiated exceptions to state professional practice requirements. For developers, these experiments offer a way to evaluate defined clinical functions with state oversight. They also raise a separate question: when does the software itself fall under the U.S. Food and Drug Administration’s (FDA) medical device authority?

The distinction matters before a pilot begins. An agreement addressing clinical practice or professional supervision under Utah law does not establish whether an AI product may be commercially distributed or clinically tested under federal law. Developers should plan for both issues as they design the product, negotiate state relief, and build evidence for clinical use or broader deployment.

How Utah’s AI Sandbox Works

Utah’s Office of Artificial Intelligence Policy works with the relevant state regulator to negotiate regulatory mitigation agreements. Under Utah’s AI Policy Act, these agreements can permit specified AI uses despite otherwise interfering state requirements, provide time to cure violations before penalties, or reduce civil fines. The agreement sets the conditions and safeguards for that relief.

The resulting permission is specific to the participant, activity, and terms negotiated with the state. Utah’s program FAQ explains that the initial demonstration period can last up to 12 months, with up to two 12-month extensions. Extensions are not automatic, and the state may terminate participation. An agreement does not establish a permanent license or a state endorsement of the technology.

The Pilots Span Several Types of Clinical AI

Utah’s authorized pilot register shows how the program reaches beyond prescription renewals. As of October 19, 2026, the portfolio includes the following examples.

Doctronic is active for limited renewals of existing prescriptions and remains in Phase 1, with a licensed practitioner authorizing every request. August AI and Legion Health have approved refill pilots whose demonstration periods have not started. Legion’s scope concerns stable psychiatric patients taking noncontrolled medications.

Nolla Health is active for mild to moderate acne. Its agreement covers assessment of patient photographs and specified topical prescriptions, including initial prescriptions. It starts with prospective physician review and contemplates later reductions in oversight under defined conditions. This example raises different regulatory questions from a tool limited to renewing an established prescription.

Expect Fitness has an approved pelvic floor physical therapy pilot that has not started. It contemplates AI-drafted care plans with therapist review and possible later spot checks for lower-risk plans. University of Utah Health and Intermountain Health have master agreements requiring separate pilot addenda; neither currently has an approved pilot under those agreements. Earlier Dentacor and ElizaChat agreements are listed as expired.

The range matters for developers. The relevant analysis, including whether the software also qualifies as a medical device and is therefore subject to FDA regulatory oversight, depends on what the AI does, the patients it serves, and how clinicians supervise it. A program covering several clinical specialties does not create one regulatory classification or a uniform level of permitted autonomy.

Why State Practice Relief Leaves FDA Authority Intact

Utah expressly states that its agreements address state professional practice and administrative requirements and do not override FDA jurisdiction. The Nolla Health agreement, for example, preserves unmodified legal obligations and remedies for injured users. Participants remain responsible for obtaining permissions from other agencies with jurisdiction. Developers should read the relief schedule alongside the remaining obligations, including responsibility for patient harm.

The federal analysis turns on the product’s intended use and functions. Software that diagnoses a condition, analyzes a medical image, or directs treatment can present different device questions from software that organizes information for a clinician. Neither the label “sandbox” nor a physician’s name on a prescription resolves those questions. The public pilot materials alone do not establish the FDA status of any named participant’s product.

FDA Criteria for the Clinical Decision Support Exclusion

Federal law excludes certain clinical decision support (CDS) software functions from the definition of a medical device only when all four criteria discussed in FDA’s Interpretation of Criteria in Section 520(o)(1)(E) of the FD&C Act are satisfied. The function must: 

  1. Not be intended to acquire, process, or analyze a medical image or a signal from an in vitro diagnostic device or a pattern or signal from a signal-acquisition system; 
  2. Be intended to display, analyze, or print medical information about a patient or other medical information, such as peer-reviewed clinical studies or clinical practice guidelines; 
  3. Be intended to support or provide recommendations to a healthcare professional about prevention, diagnosis, or treatment; and 
  4. Be intended to enable that professional to independently review the basis for the recommendation rather than rely primarily on it when making a clinical decision. 

If a pilot function fails any criterion, it does not qualify for this statutory non-device CDS exclusion and must be evaluated under FDA’s device framework.

How Clinician Oversight Affects the CDS Analysis

As we explained in CDS Software Final Guidance Carries Real Consequences for Manufacturers, FDA’s analysis is function-specific and turns on how the software actually operates. The degree of automation, the specificity of the output, the information given to the clinician, and the time available to review it all affect whether the clinician can independently evaluate the basis for a recommendation. Product claims, interface design, and access to supporting information should therefore match the intended regulatory position. In a Utah pilot, prospective review, retrospective audits, and sampling do not provide equivalent safeguards. A function that may fit the non-device CDS exclusion during an early phase with meaningful clinician review may require reassessment as oversight decreases or the software becomes more autonomous. Functions that analyze medical images or provide patient-facing diagnostic or treatment outputs require separate analysis and should not automatically be treated as non-device CDS.

FDA’s January 2026 Clinical Decision Support Software guidance explains how the agency applies the four statutory criteria and helps developers determine whether each software function in a pilot remains outside the device definition or is subject to FDA oversight. Under the guidance, a function that gives a specific diagnostic or treatment directive, analyzes a medical image or certain signals, or does not allow meaningful independent clinician review may fall outside the exclusion. Patient-facing functions cannot qualify for this particular exclusion merely because a clinician participates elsewhere in the workflow. Other statutory exclusions or FDA policies may still apply, but human involvement alone is not a universal exemption. Developers should therefore assess each pilot function, phase, and level of autonomy separately and revisit that assessment whenever the workflow or clinician’s role changes.

Pilots May Also Require a Clinical Investigation Analysis

If a sandbox pilot is a clinical investigation of a device, developers must separately evaluate the applicable investigational device exemption (IDE), institutional review board (IRB), and informed consent requirements. State authorization does not determine the study’s federal status.

FDA’s IDE approval process distinguishes significant risk studies, which require FDA IDE approval and IRB approval before beginning, from nonsignificant risk studies, which generally proceed under abbreviated IDE requirements with IRB approval. Some investigations are exempt from IDE requirements. The appropriate route depends on the product and study; participation in a state sandbox does not itself create an exemption.

Where Utah’s Experiments Meet FDA’s GenAI Discussion

As discussed in our alert on FDA’s generative AI discussion paper, FDA is considering how autonomy and the severity of potential harm should inform oversight of generative AI-enabled devices. Its August 2026 discussion paper also explores performance evaluation, monitoring, third-party foundation models, and management of changes. Our alert explains why increasing autonomy and variable outputs call for careful validation and controls throughout the product lifecycle. For a sandbox participant, those concerns extend to recognizing when a case exceeds the permitted task and escalating safely to a clinician. The discussion paper solicits input; it does not establish binding requirements or a new authorization pathway.

Utah’s phased demonstrations could help developers gather evidence relevant to those questions. Comparisons with clinicians, analysis of escalation failures, and monitoring after model changes may reveal risks that a static benchmark misses. But agreement rates alone do not establish clinical safety or effectiveness. Developers seeking an FDA authorization should determine whether the pilot’s population, endpoints, oversight, and software versions will support that submission, preferably before data collection begins.

What Clinical AI Developers Should Do Now

Developers considering a clinical AI pilot should take four steps:

  • Map the permissions. Identify the precise state provisions modified by the agreement and the federal requirements that remain applicable. Plan for the demonstration’s expiration or termination.
  • Assess each software function. Before any clinical or commercial use, document the intended uses, clinical claims, outputs, and degree of autonomy for each function. Use that analysis to determine whether the function is a medical device, qualifies for a statutory exclusion, or falls under another FDA policy. If it is a device, identify the applicable FDA requirements and regulatory pathway.
  • Design evidence for the next step. Define clinical outcomes, failure modes, subgroup analyses, and escalation criteria. If FDA review is anticipated, consider early engagement about the proposed evidence and study status.
  • Control changes during testing. Track model and software versions, third-party model updates, and changes in prompts or workflows. Specify when changes require renewed testing or regulator approval.

Key Takeaway for Clinical AI Developers

Utah offers a practical setting for carefully bounded clinical AI experiments. Developers can use that opportunity to test workflows and collect evidence, while addressing FDA device status, investigation requirements, and the path to broader commercialization from the outset.

“State permission to test clinical AI does not resolve the federal device question. Developers should assess each software function and revisit that analysis as clinician oversight changes.”

Brynn Stanley, Associate Attorney

How Gardner Law Can Help

Gardner Law helps AI developers integrate FDA regulatory strategy into product development, beginning with assessments of whether software functions qualify as medical devices and what requirements apply. Drawing on experience in engineering, quality systems, and clinical research, we advise on design and development controls, risk management, validation, and FDA submissions. For regulated medical devices, we help manufacturers establish and maintain quality systems aligned with the Quality Management System Regulation (QMSR), address registration and listing obligations, and implement complaint handling and adverse event reporting processes.

When clinical trials are needed, we assist with regulatory strategy, IDE submissions, clinical trial agreement drafting and negotiation, informed consent documents, and sponsor and investigator obligations, including clinical safety reporting. Our support connects product development, clinical evidence, and ongoing compliance throughout commercialization and the product lifecycle.