H.R. 238: Healthy Technology Act of 2025
Sponsor
David Schweikert
Republican · AZ-1
Bill Progress
Latest Action · Jan 7, 2025
Referred to the House Committee on Energy and Commerce.
AI could legally write your prescriptions
Why it matters
Today, the drugs that require a prescription can only be ordered by a licensed human practitioner. H.R. 238 would change that definition so that artificial intelligence and machine learning tools can count as the prescriber — but only where a state has passed a law allowing it and the FDA has already cleared the technology.
H.R. 238, the Healthy Technology Act of 2025, is short. It doesn't spend money, create a program, or set a deadline. It changes a single definition.
Federal law says certain drugs can only be dispensed on a prescription from "a practitioner licensed by law to administer" them. This bill says that phrase can also include artificial intelligence and machine learning technology.
But the AI doesn't get blanket authority. Two locks have to open first. A state has to pass a statute authorizing the tool to prescribe the specific drug. And the FDA has to have approved, cleared, or authorized the technology through one of its existing medical-device review pathways.
Without both, nothing changes. The bill creates the legal possibility of AI prescribing — it doesn't flip the switch on its own.
H.R. 238 Bill Summary
What H.R. 238 actually does.
AI can count as a drug prescriber
The bill expands the legal definition of a "practitioner licensed by law to administer" a drug to include artificial intelligence and machine learning technology, putting qualifying software in the same legal category as a human prescriber.
A state has to authorize it first
An AI tool only qualifies if a statute of the state involved authorizes it to prescribe the specific drug. The bill leaves the decision to each state legislature rather than granting nationwide authority.
The FDA is the second gatekeeper
The technology must also be approved, cleared, or authorized by the FDA through one of its existing medical-device review pathways before it can qualify under the new language.
Limited to AI and machine learning
The bill names artificial intelligence and machine learning technology specifically, rather than covering all health software or automated tools, so general clinical apps would not be swept in.
No money, penalties, or deadline
The text authorizes no funding, sets no civil or criminal penalties, and includes no implementation deadline. Its only effect is legal recognition, leaving the rest to states and the FDA.
Who benefits from H.R. 238?
Health-AI developers with FDA-cleared products
Companies whose tools have already passed FDA review gain a potential path to having that software legally recognized as a prescriber, opening a market that doesn't exist for them today.
States that want to set their own AI rules
Because the bill requires a state statute first, every state keeps control over whether, when, and for which drugs AI can prescribe within its borders.
Patients in places with provider shortages
In states that authorize these tools, patients could eventually get prescriptions through FDA-cleared software, which supporters see as a way to expand access where human prescribers are scarce.
Who is affected by H.R. 238?
State legislatures
The bill hands them the deciding vote. Each state would have to pass its own statute authorizing AI to prescribe particular drugs, because nothing happens automatically nationwide.
The FDA
The agency becomes a required checkpoint, since only technologies it has approved, cleared, or authorized through its device pathways can qualify as prescribers.
Doctors, nurse practitioners, and pharmacists
Their prescribing landscape could change if software is recognized alongside them. The bill doesn't touch human licenses, but pharmacies would need to handle prescriptions that originate from an AI tool.
Drug manufacturers and pharmacies
They may need to adapt their compliance and dispensing practices to verify and fill prescriptions that come from a qualifying AI system rather than a person.
HR238 Legislative Journey
House: Committee Action
Jan 7, 2025
Referred to the House Committee on Energy and Commerce.
About the Sponsor
David Schweikert
Republican, Arizona's 1st congressional district · 15 years in Congress
Committees: Joint Economic Committee, Ways and Means
View full profile →
Committee Sponsors
Energy and Commerce Committee
0 of 54 committee members cosponsored
No committee members have cosponsored this bill
30 Republicans across this committee haven't cosponsored yet. Mobilize their constituents
H.R. 238 Quick Facts
- Committee
- Energy and Commerce
- Chamber
- House
- Policy
- Health
- Introduced
- Jan 7, 2025
Referred to the House Committee on Energy and Commerce.
Jan 7, 2025
Official Sources
The official bill page with full text, status, and sponsor for the Healthy Technology Act of 2025.
The federal statute the bill amends; Section 503(b) is where the prescriber definition lives.
FDA's framework for the exact category of technology the bill would let act as a prescriber.
One of the four device review pathways (section 510(k)) a tool must pass to qualify under the bill.
Device classification under section 513, one of the FDA pathways the bill cites as a gate.
The section 515 premarket approval pathway for higher-risk devices referenced in the bill.
The section 564 EUA pathway, the fourth FDA authorization route a qualifying AI tool could use.
H.R. 238 Common Questions
Can AI legally prescribe medication?
Not today. H.R. 238, the Healthy Technology Act of 2025, would change federal law so that artificial intelligence and machine learning tools can count as a prescriber — but only if a state authorizes it and the FDA has cleared the technology first.
Does a state have to approve AI prescribing first?
Yes. Under H.R. 238, an AI tool only qualifies if a state has passed a statute authorizing it to prescribe the specific drug. The bill leaves that decision to each state legislature, so it would never apply nationwide on its own.
Does the AI also need FDA approval?
Yes. H.R. 238 requires that the technology be approved, cleared, or authorized by the FDA through one of its existing medical-device review pathways. State authorization alone isn't enough — both gates have to open.
Would AI replace my doctor under this bill?
No. H.R. 238 doesn't remove human prescribers or change their licenses. It adds AI as another option in states that allow it. Your doctor could still prescribe exactly as they do now.
What drugs could AI prescribe?
It depends on the state. H.R. 238 ties authorization to the specific drug involved, so a state could let AI prescribe some medications and not others. No drug is automatically opened up by the bill itself.
Does the Healthy Technology Act cover all health apps?
No. H.R. 238 specifically names artificial intelligence and machine learning technology, not general health software or automated tools. A standard clinical app wouldn't be swept in.
Where does H.R. 238 stand right now?
It was introduced on January 7, 2025 by Rep. David Schweikert and referred to the House Energy and Commerce Committee. It has no cosponsors yet and has not received a hearing or vote.
Based on H.R. 238 bill text
H.R. 238 Bill Text
“To amend the Federal Food, Drug, and Cosmetic Act to clarify that artificial intelligence and machine learning technologies can qualify as a practitioner eligible to prescribe drugs if authorized by the State involved and approved, cleared, or authorized by the Food and Drug Administration, and for other purposes.”
Source: U.S. Government Publishing Office
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