(b) The monitor or monitors shall meet the following minimum requirements:

1. (1) Be in good physical health;

2. (2) Experience in working with the elderly in programs such as:

   1. (A) Patient care;
   2. (B) Social work; or
   3. (C) Advocacy.
3. (3) Have an understanding of this part, which is the subject of the monitors’ duties as evidenced in a personal interview of the candidate;
4. (4) Not be related to the owners of the involved facility either through blood, marriage, or common ownership of real or personal property; and

5. (5) Successfully completed:

   1. (A) A baccalaureate degree; or
   2. (B) Two (2) years full-time work experience in the long-term care industry.

(c) The monitor or monitors shall be under the supervision of the Department of Human Services, and shall perform the duties of a monitor delineated and accomplish the following actions:

1. (1) A monitor shall visit the facility at least five (5) days per week or more frequently as assigned by the secretary;
2. (2) Review all records pertinent to the condition for such monitor’s placement under subdivision (b)(1) of this section;
3. (3) Provide to the secretary a weekly written report and a daily oral report detailing the observed conditions of the facility; and
4. (4) Shall be available as a witness for hearings.

(d)

1. (1) All communications, including, but not limited to, data, memorandum, correspondence, records and reports shall be transmitted to and become the property of the department.
2. (2) Findings and results of the monitor’s work done under this part shall be strictly confidential, subject to disclosure only in accordance with the provisions of the Freedom of Information Act of 1967, Arkansas Code § 25-19-101 et seq.