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The terms prohibit using ChatGPT for Healthcare to analyze medical images, ECG waveforms, genomic sequences, or outputs from in vitro diagnostic devices, and require that clinical professionals exercise independent judgment without relying primarily or solely on the service's output; a Business Associate and Healthcare Addendum governs use of this product.
This analysis describes what OpenAI's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision establishes explicit scope restrictions on clinical use of ChatGPT for Healthcare, prohibiting specific diagnostic analytical functions and requiring independent professional judgment. The reference to a Business Associate and Healthcare Addendum indicates that HIPAA-covered entity obligations and business associate protections are addressed through a separate contractual instrument.
The updated terms establish new licensing provisions for customers who download and install software components (Licensed Materials) on their own systems. Under the revised terms, OpenAI grants a limited, non-exclusive, non-transferable license to install and use Licensed Materials solely in connection with the Services, but customers may not modify, redistribute, or sublicense the materials. Upon termination of service, customers must permanently delete the Licensed Materials. Additionally, OpenAI introduced a new ChatGPT Sites feature for creating and publishing websites, with use governed by separate ChatGPT Sites Terms. You can review the ChatGPT Sites Terms via the referenced link to understand specific conditions for website creation and maintenance.
View change record →Under this clause, healthcare professionals and organizations using ChatGPT for Healthcare are prohibited from using the service to analyze medical images, ECG waveforms, genomic sequences, or in vitro diagnostic outputs, and must independently verify all service outputs before clinical decision-making. The agreement requires execution of a Business Associate and Healthcare Addendum as a condition of using the healthcare product.
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"You should always verify the information provided by ChatGPT for Healthcare and exercise independent professional judgment in decision-making about a patient without relying primarily or solely on the output. Do not use ChatGPT for Healthcare to analyze medical images or patterns/signals from signal acquisition systems or in vitro diagnostic devices (such as an ECG waveforms or genomic sequences). Customer's Business Associate and Healthcare Addendum applies to Customer's use of ChatGPT for Healthcare.Excerpt from OpenAI's Service Terms
(1) REGULATORY LANDSCAPE: This provision directly engages HIPAA, with HHS Office for Civil Rights as the primary enforcement authority; the reference to a Business Associate and Healthcare Addendum confirms that the parties treat the arrangement as a covered business associate relationship. The FDA's regulatory framework for Software as a Medical Device (SaMD) and Clinical Decision Support Software is also relevant, as the explicit prohibition on medical image analysis and diagnostic signal processing may reflect an effort to position the product outside FDA-regulated device categories. (2) GOVERNANCE EXPOSURE: High. Healthcare organizations deploying ChatGPT for Healthcare must ensure that their clinical workflows comply with both the explicit use restrictions in these terms and applicable FDA and CMS regulations. The prohibition on relying primarily or solely on outputs for patient decision-making creates a documentation and training obligation for clinical staff. (3) JURISDICTION FLAGS: US healthcare organizations face the highest regulatory exposure under HIPAA and FDA SaMD guidance. EU healthcare deployments must also evaluate compliance with the EU Medical Device Regulation and the EU AI Act's requirements for high-risk AI systems used in healthcare contexts. (4) CONTRACT AND VENDOR IMPLICATIONS: The Business Associate and Healthcare Addendum must be reviewed, executed, and maintained as a prerequisite to deployment. Procurement teams should confirm that the Addendum addresses breach notification timelines, permitted uses of protected health information, and subcontractor obligations consistent with HIPAA requirements. (5) COMPLIANCE CONSIDERATIONS: Healthcare organizations should implement clinical governance frameworks that document compliance with the use restrictions, including staff training on the prohibition of medical image analysis and the requirement for independent professional judgment. Risk management programs should assess whether any existing clinical workflows inadvertently rely on ChatGPT for Healthcare for prohibited analytical functions.
This provision establishes explicit scope restrictions on clinical use of ChatGPT for Healthcare, prohibiting specific diagnostic analytical functions and requiring independent professional judgment. The reference to a Business Associate and Healthcare Addendum indicates that HIPAA-covered entity obligations and business associate protections are addressed through a separate contractual instrument.
Under this clause, healthcare professionals and organizations using ChatGPT for Healthcare are prohibited from using the service to analyze medical images, ECG waveforms, genomic sequences, or in vitro diagnostic outputs, and must independently verify all service outputs before clinical decision-making. The agreement requires execution of a Business Associate and Healthcare Addendum as a condition of using the healthcare product.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by OpenAI.