Authority: IC 12-9.1-2-3; IC 12-10-13-17

Affected: IC 12-10-13-4.5

Sec. 10. (a) The state ombudsman may designate a volunteer ombudsman to perform specific office duties.

(b) To be designated as a volunteer ombudsman, an individual shall:

1. (1) successfully complete the Indiana long term care volunteer ombudsman program training; and
2. (2) be free of conflicts of interest as required by this rule.

(c) Each volunteer ombudsman designated in accordance with subsection (a) must be certified for a period not to exceed two (2) years.

(d) The local ombudsman shall assess each volunteer ombudsman at least every two (2) years and make a recommendation regarding recertification to the state ombudsman. In order to be recertified, the volunteer ombudsman shall:

1. (1) satisfactorily perform the duties of the position;
2. (2) remain free of conflicts of interest as required by this rule; and
3. (3) meet any additional requirements specified by law or regulation.

(e) The state ombudsman, in coordination with the local ombudsman, may dedesignate a volunteer ombudsman for cause, including, but not limited to, the following:

1. (1) Failure of the volunteer ombudsman to follow the direction and supervision of the state or local ombudsman.
2. (2) Acting outside the area of responsibility.
3. (3) Taking any action which endangers the health, safety, welfare, or rights of residents.
4. (4) Failure to disclose or correct a conflict of interest.
5. (5) Failure to satisfactorily perform the duties of a volunteer ombudsman.

(Division of Aging; 455 IAC 1-8-10; filed Mar 6, 2000, 7:51 a.m.: 23 IR 1645; readopted filed Nov 21, 2006, 11:00 a.m.: 20061213-IR-460060411RFA; readopted filed Nov 2, 2012, 8:32 a.m.: 20121121-IR-455120508RFA; readopted filed Nov 15, 2013, 3:22 p.m.: 20131211-IR-455130453RFA; readopted filed Nov 13, 2019, 11:55 a.m.: 20191211-IR-455190488RFA; readopted filed Oct 8, 2025, 3:16 p.m.: 20251105-IR-455240503RFA) NOTE: Transferred from the Division of Disability and Rehabilitative Services (460 IAC 1-7-10) to the Division of Aging (455 IAC 1-8-10) by P.L.153-2011, SECTION 21, effective July 1, 2011.