Current through Reg. 49, No. 38; September 20, 2024
(a) The State Ombudsman initially certifies a
person described in §
88.2(36)(C)(i) or
(ii) of this chapter (relating to
Definitions) as a staff ombudsman, other than a managing local ombudsman, if:
(1) the person has one of the following:
(A) a bachelor's or advanced degree from an
accredited college or university; or
(B) a high school diploma or a certificate
recognized by the state in which it was issued as the equivalent of a high
school diploma and at least four years of one, or a combination, of the
following:
(i) paid experience in a social,
behavioral, health, or human service field; or
(ii) experience as a certified
ombudsman;
(2) the person has not been convicted of an
offense listed under Texas Health and Safety Code §
250.006 during
the time periods set forth in Texas Health and Safety Code §
250.006,
according to a criminal history record of the person obtained by the Office
from the Texas Department of Public Safety;
(3) the person:
(A) does not have an individual conflict of
interest according to HHSC form "Individual Conflict of Interest Screening of a
Representative of the Office" completed by the person; or
(B) has an individual conflict of interest
that has been remedied, as described in §
88.303 of this chapter (relating
to Individual Conflicts of Interest Regarding a Local Ombudsman
Entity);
(4) the person
successfully completes the certification training provided by the local
ombudsman entity in accordance with the Ombudsman Policies and Procedures
Manual; and
(5) the local ombudsman
entity recommends to the Office, using HHSC form "Certified Ombudsman
Application," that the person be approved as a certified ombudsman in
accordance with §
88.301(a) of this
chapter (relating to Requirements to Recommend Certification as an
Ombudsman).
(b) The
State Ombudsman initially certifies a person as a staff ombudsman to serve as
the managing local ombudsman if:
(1) the
person meets the criteria in subsection (a)(1) - (3) of this section;
(2) the person successfully completes
certification training provided by the Office; and
(3) the person demonstrates competency to
serve as a managing local ombudsman.
(c) The State Ombudsman initially certifies a
person as a volunteer ombudsman if:
(1) the
person meets the criteria in subsection (a)(2) - (4) of this section;
(2) the local ombudsman entity recommends to
the Office, using HHSC form "Certified Ombudsman Application," that the person
be approved as a certified ombudsman in accordance with §
88.301(b) of this
chapter; and
(3) the person
successfully completes an internship in accordance with the Ombudsman Policies
and Procedures Manual.
(d) The State Ombudsman initially certifies a
person to be a staff ombudsman or volunteer ombudsman by signing HHSC form
"Certified Ombudsman Application."
(e) The State Ombudsman certifies a person to
be a staff ombudsman or volunteer ombudsman for a period of two years. After
initial certification, the Office renews the certification of a staff ombudsman
or volunteer ombudsman if:
(1) for a staff
ombudsman, the staff ombudsman:
(A) meets the
requirements in subsection (a)(1) - (3) of this section;
(B) completes continuing education provided
by the Office; and
(C) demonstrates
compliance with the Ombudsman Certification Training Manual and the Ombudsman
Policies and Procedures Manual; and
(2) for a volunteer ombudsman, the volunteer
ombudsman:
(A) meets the requirements in
subsection (a)(2) and (3) of this section;
(B) completes continuing education provided
by the local ombudsman entity in accordance with the Ombudsman Policies and
Procedures Manual; and
(C)
demonstrates compliance with the Ombudsman Certification Training Manual and
the Ombudsman Policies and Procedures Manual.
(f) The State Ombudsman certifies a person
described in §
88.2(36)(C)(iii)
of this chapter as a staff ombudsman if the person:
(1) has not been convicted of an offense
listed under Texas Health and Safety Code §
250.006 during
the time periods set forth in Texas Health and Safety Code §
250.006,
according to a criminal history record of the person obtained by the Office
from the Texas Department of Public Safety;
(2) meets one of the following;
(A) does not have an individual conflict of
interest according to HHSC form "Individual Conflict of Interest Screening of a
Representative of the Office" completed by the person; or
(B) has an individual conflict of interest
that has been remedied by the State Ombudsman; and
(3) successfully completes the certification
training provided by the Office.
