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  4. Step 4: Is the Software Function Intended to Serve as Electronic Patient Records?
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Step 4: Is the Software Function Intended to Serve as Electronic Patient Records?

Digital Health Policy Navigator - Step 4

Certain software functions that are intended to serve as electronic patient records are not devices within the meaning of section 201(h) of the FD&C Act. Specifically, software functions that are intended to transfer, store, convert formats, or display electronic patient records that are the equivalent of a paper medical chart are not devices if the criteria outlined in section 520(o)(1)(C)(i) – (iii) of the FD&C Act are met.

Step 4 will help determine if your software function that is intended to serve as electronic patient records is a device.

4.A: Is the software function intended to serve as electronic patient records, or to transfer, store, convert formats, or display electronic patient records that are the equivalent of a paper medical chart?

4.B: Is the software function intended for interpretation or analysis of patient records, including medical image data, for the purpose of the diagnosis, cure, mitigation, prevention, or treatment of a disease or condition?

4.C: Are the software function records created, stored, transferred, or reviewed by health care professionals or by individuals working under their supervision?

4.D: Are the software function records certified under a program of voluntary certification kept or recognized by the Office of the National Coordinator for Health Information Technology (ONC)?

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