Section 88.102 - Certification of an Ombudsman(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.26 Tex. Admin. Code § 88.102
Adopted by Texas Register, Volume 43, Number 13, March 30, 2018, TexReg 2013, eff. 4/5/2018; Amended by Texas Register, Volume 49, Number 20, May 17, 2024, TexReg 3574, eff. 5/22/2024