(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.

Source Note: The provisions of this §88.102 adopted to be effective April 5, 2018, 43 TexReg 2007; amended to be effective May 22, 2024, 49 TexReg 3566