(1) have demonstrated capability to carry out the responsibilities of the Office;

(2) be public or nonprofit entities;

(3) be free of conflicts of interest; and

(4) meet any additional requirements that the Secretary and the State Long-Term Care Ombudsman specify.

(b) (1) The Secretary, in consultation with the State Long-Term Care Ombudsman and area agencies on aging, shall adopt regulations to establish requirements for training and designating ombudsmen, including in-service training.

(2) The regulations shall prohibit the State Long-Term Care Ombudsman from designating an individual as an ombudsman unless the individual has successfully completed the required training and satisfied the requirements for designation.