1. (1) A representative of the office or local ombudsman entity may not incur a civil or criminal liability for the good faith performance of official duties.

2. (2) Evidence of a performance of official duties in good faith includes:

   1. (a) making every reasonable effort to follow procedures set forth in applicable law and policy;
   2. (b) seeking and making reasonable efforts to follow direction from the office; and
   3. (c) seeking and making reasonable efforts to follow direction from the local ombudsman entity's supervisor or director.

3. (3) Official duties may not include:

   1. (a) transporting a client;
   2. (b) acting as a guardian or payee;
   3. (c) signing any consent form for a survey, medication, or restraint;
   4. (d) signing any medical directive;
   5. (e) exercising a resident's power of attorney; and
   6. (f) any similar action.
4. (4) The division may not provide liability insurance or indemnification for any local area agency or local ombudsman entity.

KEY: ombudsman, LTCO

Date of Last Change: October 9, 2025

Authorizing, and Implemented or Interpreted Law: 26B-2-3, 42 U.S.C. 3058g, 45 CFR 1324(A)