MEXICO Trends and Developments Contributed by: Bernardo Martínez-Negrete, Lisandro Herrera Aguilar and Martha Contreras Secchi, Galicia Abogados, SC
proposes the establishment of a national eth- ics council; • a constitutional amendment to empower Congress to legislate on AI, cybersecurity and neuro-rights; • a bill to create the Mexican Agency for AI Development to implement AI-related public policy; • other initiatives aimed at regulating the use of AI by prohibiting harmful practices like discrimination, manipulation and the crea- tion of deepfakes, while assigning oversight to institutions such as the National Copyright Institute and the Federal Telecommunications Institute; and • proposals adopting a risk-based regula- tory approach modelled after the European Union’s framework, including the creation of a National Center for Artificial Intelligence to monitor compliance and guide implementa- tion. While these initiatives reflect growing awareness of the importance of regulating digital and AI technologies, none have yet been enacted into law, underscoring the regulatory uncertainty that continues to affect digital healthcare in Mexico. These reforms, while important, are fragmented and fail to offer comprehensive legal certainty. This has led to confusion among investors, healthcare providers, regulators and patients. Moreover, multiple legal risks have emerged due to: • regulatory uncertainty – many digital health- care services, such as software as a medical device (SaMD), telemedicine, and AI-powered tools, lack clear legal standards; and • weak regulatory enforcement – although the Federal Commission for Protection Against Sanitary Risks ( Comisión Federal para la
Protección contra Riesgos Sanitarios , or Cofepris) has the authority to regulate health technologies, the absence of specific rules limits its enforcement capabilities; actions are often based on general health laws, which do not adequately cover digital tools. Benefits of Digital Healthcare in Mexico Improved access • Digital health tools such as telemedicine, mobile health apps, and AI-driven assistants have the potential to significantly improve healthcare access, particularly in remote and underserved areas. • Platforms like Doctoralia are already making a positive impact by connecting patients with healthcare professionals across geographic barriers, with over 11 million users and over 290,000 healthcare providers registered. • Approximately 45% of doctors in Mexico are now conducting virtual consultations, show- casing a growing acceptance and reliance on digital platforms. This enables patients in rural or isolated locations to receive medical advice and consultation without the need for extensive travel. Cost reduction • Digital health tools, including telemedicine and mobile health apps, help reduce health- care delivery costs by minimising the need for in-person consultations, cutting down on transportation costs, and making it easier for patients to manage their health remotely. • The use of AI tools for medical notes, diag- nostics and administrative tasks can optimise the workflow, freeing up resources for more critical healthcare needs, thus improving overall efficiency in the system.
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