An official State of Texas website.
Some adults living in a community-based intermediate care facility for individuals with an intellectual disability (ICF/IID) have been assessed to lack the capacity to make medical and other treatment decisions for themselves. If they have no legal guardian or surrogate decision maker to make major medical and major dental treatment decisions on their behalf, those decisions can then be made by a surrogate consent committee (SCC).
An SCC is a group of 3 to 5 trained volunteers who convene at a pre-determined date and time via Microsoft Teams (known as a hearing) to review written documentation and hear oral testimony about the person’s need for the proposed treatment.
The SCC makes a determination based on clear and convincing evidence of whether or not the proposed treatment promotes the person's best interest. If it is determined the proposed treatment is in the person's best interest, then consent is given. If so, the SCC decides the date the consent becomes effective and the date it expires.
A SCC is authorized to make the following treatment decisions:
- Major medical treatment;
- Major dental treatment;
- Administration of a psychoactive medication regimen;
- The use of a highly restrictive procedure;
- Release of records related to the person’s condition or treatment to facilitate the treatment to which the SCC has consented; and
- Consent decisions which involve risk to the person's protection and rights.
Anyone interested in becoming an SCC volunteer must attend a 4-hour training provided by the Texas Health and Human Services Commission (HHSC). Training for new volunteers is free. If there are enough people in a particular region who are interested in becoming volunteers, it's possible arrangements can be made for a training to be held locally.