R510-200-11. Certification of an Individual as an Ombudsman

  (1) Criteria for certification as an ombudsman.

  (a) to be certified as a LTCO, an individual must:

  (i) demonstrate ability to carry out the responsibilities of a LTCO;

  (ii) ombudsman staff, with the exception of volunteers and staff hired prior to July 1, 2018, must have a bachelor's degree in social work or related field and/or three years of experience in a related field or approval from the SLTCO if the best candidate does not have the degree or experience;

  (iii) have taken and passed a criminal background check through the Utah Department of Public Safety Bureau of Criminal Identification (BCI) paid for by the individual, or the corresponding AAA, or the contract provider;

  (iv) be reviewed in the Adult Protective Services (APS) Perpetrator registry as incorporated by reference UC 62A-3-311 to ensure APS has not registered a supported finding against the individual for abuse, neglect, or exploitation;

  (v) be free of conflicts of interest;

  (vi) meet the minimum qualifications for the applicable LTCO position;

  (vii) complete the certification training requirements;

  (viii) complete the certification testing requirement as soon as possible, but no later than six months after beginning the certification training that is approved by the SLTCO; and

  (ix) must have a general knowledge of long-term care facilities and/or gerontology, long-term care, health care, legal or human service programs, advocacy, complaint and dispute resolution, mediation, or investigation.

  (2) Notification of Certification.

  (a) provided that all certification requirements have been met, the SLTCO shall:

  (i) send a State authorized certification badge to the individual being designated as a LTCO within 30 days of completion of certification requirements.

  (3) Training and Certification Requirements for ombudsman.

  (a) there is one tier of Ombudsmen, the following requirements apply for both paid staff and volunteers:

  (i) to become a certified ombudsman, 40 hours of classroom training is required in addition to any previous classroom training and 20 hours of job shadowing. Appropriate training shall be established by and at the sole discretion of the SLTCO; and

  (ii) the position of certified ombudsman requires multiple examinations. These exams:

  (A) require scores of 70% or higher;

  (B) failure to achieve 70% will result in the opportunity for the examinee to retake the exams once within 30 days;

  (C) failure to achieve 70% on a second attempt will result in a requirement to receive further training; or

  (D) failure to achieve 70% on a third attempt will result in the examinee's disqualification for certification.

  (4) Recertification.

  (a) the SLTCO will provide for a minimum of 24 hours LTCO specific training annually including:

  (i) a two day annual mandatory training for all certified LTCO; or

  (ii) an attendance exception may be granted by the SLTCO at his discretion.

  (b) for first year LTCO, the required initial training will accrue toward the annual training requirement.

  (c) with documentation of attendance, community training related to the long-term care population can serve to meet annual training requirements in lieu of State sponsored LTCO training.

  (d) to be re-certified as a LTCO, an individual must:

  (i) fulfill LTCO responsibilities as outlined in R510-200-7, Long-Term Care ombudsman Responsibilities;

  (ii) renew certification each year by completing a minimum of 24 hours of continued education, as approved by SLTCO; and

  (iii) pass a criminal background check through the Utah Department of Public Safety BCI every three years, or at the request of the SLTCO, paid for by the corresponding AAA or contract provider.

  (e) after any absence of 12 months or more, the LTCO must complete the full required certified ombudsman training