R500-3-20. Liability

(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) Evidence of a performance of official duties in good faith includes: (a) making every reasonable effort to follow procedures set forth in applicable law and policy; (b) seeking and making reasonable efforts to follow direction from the office; and (c) seeking and making reasonable efforts to follow direction from the local ombudsman entity's supervisor or director. (3) Official duties may not include: (a) transporting a client; (b) acting as a guardian or payee; (c) signing any consent form for a survey, medication, or restraint; (d) signing any medical directive; (e) exercising a resident's power of attorney; and (f) any similar action. (4) The division may not provide liability insurance or indemnification for any local area agency or local ombudsman entity.