| (a) The State Ombudsman initially certifies a person
as a staff ombudsman described in §88.2(31)(C)(i) or (ii) of
this chapter (relating to Definitions), 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 as a staff
ombudsman described in §88.2(31)(C)(iii) of this chapter 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.
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