By: Scott Carroll, Kennedy Farr, and Jennifer Forward
Kennedy A. Farr
Jennifer Forward
Scott V. Carroll
Agentic artificial intelligence (“agentic AI”) refers to systems that can independently plan and execute multi-step tasks without continuous human direction. Today, these systems can analyze charts, labs, imaging, and medication lists, identify concerning trends, and even draft suggested care plans on their own.
This autonomy distinguishes agentic AI from traditional “generative AI,” such as ChatGPT, Microsoft Copilot, or Google Gemini. Generative AI cannot initiate tasks because it waits for human prompts and cannot interact with operational systems to schedule tasks. Once a conversation with a human ends, generative AI does not retain goals or continue working toward them. Agentic AI, by contrast, maintains objectives over time, continuously monitors new information, and adapts its actions to achieve its programmed goals.
While agentic AI promises potential relief from workforce shortages and could automate routine clinical tasks, it also comes with clinical, security, and ethical risks.
Clinically, agentic AI errors in diagnosis or treatment recommendations and orders could lead to patient harm. Agentic AI learns from human-provided data, and biased data can perpetuate health inequities. Further, since such systems by their nature operate autonomously, a single mistake can trigger a chain of incorrect actions that may harm a patient.
Security risks arise because agentic AI requires broad access to sensitive patient information. Weak security could expose data to breaches, and malicious actors could potentially hack an agentic system, allowing it to take harmful actions.
Accountability becomes unclear when an agentic AI system makes a mistake. Responsibility will likely fall on the clinician who used the tool, the facility that deployed it, and the developer who built it. Such a complicated and evolving legal and risk management landscape creates liability concerns. Indeed, MLMIC has issued several publications addressing risk management and the use of AI in clinical settings.
Practitioners should recognize that using agentic AI creates a professional obligation to understand the tools well enough to ensure satisfaction of the medical standard of care and to uphold the duty to do no harm. Errors made by agentic AI can breach these duties, especially when practitioners lack proper knowledge of how to use the system. Use of experimental or novel tools on patients also implicates concerns related to patient disclosure and consent and human subject safety considerations (and potential requirements for Institutional Review Board approvals). Finally, there is also the risk that increased reliance on automated systems could erode the human empathy central to patient care, as agentic AI cannot understand or express compassion.
Agentic AI is moving from pilots to clinical use, but guidance remains varying. Leading health coalitions, including the Coalition for Health AI and the Trustworthy and Responsible AI Network, have advanced methods to assess safety and performance. Additionally, there are some growing sets of guidelines to use when evaluating and validating this new technology. For example, on September 10, 2025, the Consumer Technology Association (CTA), North America’s largest technology trade association, released a new standard for validating AI tools that predict health outcomes. This fifth CTA AI standard offers a structured scheme for testing predictive algorithms in controlled and real-world settings. It emphasizes transparency about training data, encourages developers to ensure models can explain how they arrive at specific predictions, and calls for robust post deployment plans to monitor quality and recalibrate when performance drifts.
The sector has not united around one approach, leaving potential users to navigate a patchwork of frameworks. We expect over time that there will be a consolidated set of standards and guidelines for development and clinical use that developers, hospitals, systems, and clinicians can refer to when implementing AI and machine learning tools, including agentic AI.
Regarding regulation in New York State, there are not yet agentic-AI-specific rules for clinical care, but New York has established guidelines that will shape deployment in health settings. In 2023, the Governor issued an executive order establishing an AI policy and governance framework and directing ethical-use policies for state agencies, followed in 2024–2025 by guidance from the Office of Information Technology Services on responsible use of generative AI.
State medical boards retain their principal role of regulating the practice of medicine and have likewise begun articulating principals for the use of AI in medical practice, emphasizing that agentic systems cannot independently practice medicine, licensed clinicians remain ultimately responsible for diagnosis and treatment decisions assisted by AI, and development should be transparent, documented, and consistent with the standard of care, patient safety, and existing scope-of practice supervisions requirements. Indeed, over the last year, the New York State Board of Medicine has engaged in discussions with technical, legal, and regulatory representatives regarding this topic. However, no formal guidance or advisories have yet been issued by the Board. Additionally, professional specialty boards may develop their own specialty specific guidance for using agentic AI. Providers should closely monitor guidance from the Board of Medicine and their professional societies.
For hospitals and clinicians, professional standards operate alongside Department of Health requirements for the operation of hospitals and clinics, such as quality assurance, credentialing, and risk management, that apply when agentic AI influences diagnosis or treatment. Additionally, regulatory issues arise with agentic AI. Agentic AI systems may require FDA oversight, warranting premarket review and ongoing controls, because when, to a reasonable person, it provides medical treatment or clinical decision support that influences care, it could be considered a medical device warranting oversight. Users of AI and machine learning applications, including agentic AI, should understand the level of oversight by the FDA of their specific application and its current status.
The regulatory and industry guidance discussed in this article do not resolve the legal issues but provide early guidance to practitioners and the industry as agentic AI enters clinical practice. Physicians and medical groups considering any AI tool need to evaluate these tools as they would any new medical device or drug, ensuring they understand the technology, its intended use, and built-in safeguards, and take additional risk management steps that are appropriate based on the nature of the tool. If you have questions about the topics discussed in this article, please contact Lippes Mathias health law team members Scott V. Carroll (scarroll@lippes.com), Kennedy A. Farr (kfarr@lippes.com), or Jennifer Forward (jforward@lippes.com).
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“Our goal is simple: to give patients access to the latest orthopedic innovations as we provide quality and efficient care centered around each patient’s needs,” said Imran Akhtar, DO, who founded the practice with Hamza Murtaza, MD.
Making It Easy for Patients
Dr. Akhtar, who is board certified, specializes in joint replacement and reconstruction. He completed his residency in orthopedic surgery at the Oklahoma State University – Center for Health Sciences in Tulsa. After finishing his residency, he spent an additional year completing an American Association of Hip and Knee Surgeons Fellowship in Hip and Knee replacement at Desert Orthopedic Center in Las Vegas, Nevada. Dr. Akhtar specializes in minimally invasive hip replacement, which reduces the size of surgical scars and expedites postoperative recovery. He performs direct anterior hip replacements and has an interest in partial knee arthroplasty and robotic assisted knee replacement. “My approach to medicine is rooted in empathy and respect. I treat every patient as I would want my own family to be treated. Listening is at the heart of my practice,” Dr. Akhtar said. “By truly hearing my patients’ concerns, we can build a personalized and effective care plan that supports their recovery and long-term well-being.”
Dr. Murtaza brings his expertise in hip and knee surgery to the orthopedic team. He received his medical degree from SUNY Upstate Medical University in Syracuse. He completed a residency in orthopedics at Albany Medical Center, followed by a fellowship in adult reconstruction at NYU Langone Hospital in New York City.
“It is an outstanding organization,” Dr. Angelicola Richardson said, “but, most importantly, the quality of care and the commitment to the community align with my responsibilities to my patients.” Before joining St. Peter’s Orthopedics, Dr. Angelicola-Richardson served patients at Rome Health in Rome, New York, where he was known for his compassionate care and meticulous surgical outcomes.
Dr. Mahjoub’s clinical expertise spans the full spectrum of foot and ankle care. He has specialized training in minimally invasive techniques, ankle arthroscopy, ankle fusion, total ankle replacement, flatfoot reconstruction, and bunion correction. He also treats a wide range of tendon and soft tissue conditions, including disorders of the Achilles and peroneal tendons.
The surgical team uses the latest technologies and techniques to treat patients effectively. That means robotic assisted techniques for joint replacements, minimally invasive procedures, and advanced diagnostics.
St. Peter’s Orthopedics works with Sunnyview Rehabilitation, which has 12 outpatient clinics throughout Albany, Saratoga, Schenectady, and Renssalaer counties, and is a member of St. Peter’s Health Partners.
I will not debate the politics behind the recent health care cuts, but I will share my concerns about their impacts.

Dr. Korytko said that in the last five years, the radiation oncology field has seen a big increase in the types of radiopharmaceutical drugs available for cancer treatment. He highlighted two drugs specifically that are available at Bassett: Lutathera, a special treatment for neuroendocrine cancer, and Pluvicto, a radioactive IV treatment used for prostate cancer. Dr. Korytko shared that patients come to Bassett for these kinds of treatment options, and he said the rural setting helps the team provide the best care for patients.
“We’re giving novel therapies, which sets us apart from just being a rural hospital that provides the basics. We were one of the earliest sites giving Lutathera and Pluvicto. We have a team that’s very committed to bringing the best care we can to our patients. And we treat them in a place that’s a comfortable, community based treatment location. You could go to a larger, metropolitan center and get lost in the traffic and crowds, or you can come here and get treated a little bit more like family. To be able to offer this type of care here is really a testament to our investment in doing the right thing,” said Dr. Korytko.
“We’re involved in radiation clinical trials using an investigational radiation implant to treat skin cancer,” Dr. Korytko stated. “We’ve been enrolling patients in a study for recurrent skin cancer who have limited treatment options. We’re one of the first sites in the country to be involved in this clinical trial and are the first in the U.S. to open a clinical trial investigating this device in treating pancreatic cancer.”
The team of over 100 diverse staff members at Bassett Cancer Institute is comprised of nurses (including clinic nurses, infusion nurses, and nurse navigators), support staff (including social workers, financial counselors, nutritionists, and administrative staff) and radiation therapists. Anush Patel, MD, Chief of Medical Oncology and Hematology, shared how patients recognize the high-quality care offered by this multidisciplinary team.
makes us stand out in the area, and even at the national level, that we are providing fantastic care in a rural setting,” said Dr. Patel, who also highlighted the unique transportation support system offered at Bassett, which helps ensure patients who face transportation challenges across the health system’s rural communities can come from their homes to the cancer center for appointments and treatments.
“We are trained especially in noncancerous blood disorders, along with malignant hematology, which is leukemia and lymphoma, as well as medical oncology, which involves solid tumors. It’s quite seamless because someone who gets chemotherapy might have a complication of low blood count, so we need to be quite well trained and comfortable with dealing with the anticipated complications,” explained Dr. Patel.
“Gynecologic oncology is a very specialized surgical subspecialty, so patients in rural areas can be very underserved and must travel very far for care. It’s rare to have a local, full-service, specially trained gynecologic oncologist practice here in Cooperstown and in the surrounding communities. With all the therapies we provide, between surgery visits, chemotherapy, radiation and more, our relationship with patients isn’t a one-time point of care. That’s a big reason why it’s such a benefit to have localized care in a smaller center with more focus on patients and their needs,” said Dr. Pelkofski.
“We’re kind of outgrowing our space, so we’re investing in a new cancer center by building out and expanding the oncology unit inside FoxCare Center,” stated Dr. Tinger. “The plan is to expand the space, so we’ll have more room for offices and exam rooms, including private rooms for infusions. We have pending plans for expansion in our other offices, as well.”
As the teams and the locations grow, however, the mission of Bassett Cancer Institute, as described by Dr. Tinger, will remain the same: “Our mission is to take great care of patients with cancer. Hearing you have a cancer diagnosis puts someone in a very vulnerable position. We exist to remove the vulnerabilities and give people hope.”
Soon J. Park, MD, renowned both locally and internationally for his expertise and scientific contributions to cardiothoracic surgery, has joined the Albany Med Health System. He will serve as surgical director of cardiovascular services at Albany Medical Center, and he will collaborate with colleagues across the System to elevate a coordinated, regional approach to cardiovascular care.