Legislatively Mandated Consent Options for Individuals Residing in Community Based ICFs/IID

The legislatively mandated Surrogate Decision-making Program (SDMP) authorizes Surrogate Decision Makers (SDMs) and Surrogate Consent Committees (SCCs) to provide written informed consent for certain treatment decisions for adult individuals with intellectual disabilities (IID) who have no legal guardian, and have been assessed to lack the capacity to consent for themselves, and reside in community-based intermediate care facilities for individuals with an intellectual disability or related conditions (ICFs/IID).

SDMs consist of certain actively involved adult relatives of individuals. SCCs are comprised of trained volunteers and are an option when there are no SDMs available, or the treatment decisions are beyond the scope of the SDMs.

The SDMP facilitates compliance with the Code of Federal Regulations (CFR) Title 42 and state ICF/IID rules regarding obtaining informed consent and protection of an individual’s rights. For the list of treatment decisions that SDMs and SCCs can make, visit the Surrogate Decision-making Program webpage.

ICF/IID providers are encouraged to submit application packets for treatment decisions by a SCC to the SDMP (PDF), as needed.

For questions about the SDMP or to volunteer to serve on an SCC, email Randy Rowley, SDMP manager, or call 512-438-4306.