The IRB Executive Committee approved a policy change regarding the use of surrogate consent with a legally authorized representative (LAR). Surrogate consent is allowed in the research context for research studies that involve participants with cognitive impairment, or lack of decision-making capacity.

Previously, the University of Utah IRB only allowed for surrogate consent to be provided by a spouse, an adult child for his or her parent, or an individual with power of attorney or appointed in an advance health care directive.

The need for expanding the list of individuals who could serve as an LAR became an issue as treatments for COVID-19 were being explored in research studies and there was a population of individuals without a spouse, adult child, or person granted legal authority to make health care decisions.

The updated IRB policy allows for additional categories of individuals who may provide surrogate consent. The updated policy is consistent with Utah law and federal regulations. Study teams must be specific in their requests to use surrogate consent by an LAR and is subject to IRB approval.

The following Board Member Guidance Series (BMGS) and Investigator Guidance Series (IGS) are available and outline the policy.

• BMGS: Ethical Considerations for Surrogate Consent
• IGS: Surrogate Consent by a Legally Authorized Representative
• IGS: Research Involving Individuals with Decisional Impairment