Section § 4520

Explanation

This law explains that a psychiatric technician holding a license can face discipline if necessary. The process for handling any such disciplinary actions is managed by a specific board, following rules laid out in another section of government regulations.

Every licensed psychiatric technician under this chapter may be disciplined as provided in this article. The disciplinary proceedings shall be conducted by the board in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.

Section § 4521

Explanation

This law allows the board to suspend or revoke a psychiatric technician's license for several reasons. These include unprofessional conduct like incompetence, illegal drug use, or falsifying records. Other reasons are fraudulently obtaining a license, violating chapter terms, impersonating another practitioner, abusing patients, not maintaining confidentiality, failing to report violations, and involvement in sexually related or dishonest crimes. The law also addresses failure to follow infection control guidelines, which could risk spreading diseases. Lastly, the board should keep license holders informed about infection control responsibilities.

The board may suspend or revoke a license issued under this chapter for any of the following reasons:
(a)CA Business & Professions Code § 4521(a) Unprofessional conduct, which includes, but is not limited to, any of the following:
(1)CA Business & Professions Code § 4521(a)(1) Incompetence or gross negligence in carrying out usual psychiatric technician functions.
(2)CA Business & Professions Code § 4521(a)(2) A conviction of practicing medicine without a license in violation of Chapter 5 (commencing with Section 2000) of Division 2, the record of conviction being conclusive evidence thereof.
(3)CA Business & Professions Code § 4521(a)(3) The use of advertising relating to psychiatric technician services which violates Section 17500.
(4)CA Business & Professions Code § 4521(a)(4) Obtain or possess in violation of law, or prescribe, or, except as directed by a licensed physician and surgeon, dentist, or podiatrist, administer to the licensee or furnish or administer to another, any controlled substance as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code or any dangerous drug as defined in Section 4022.
(5)CA Business & Professions Code § 4521(a)(5) Use any controlled substance as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code, or any dangerous drug as defined in Section 4022, or alcoholic beverages, to an extent or in a manner dangerous or injurious to the licensee, any other person, or the public or to the extent that the use impairs the ability to conduct with safety to the public the practice authorized by their license.
(6)CA Business & Professions Code § 4521(a)(6) Be convicted of a criminal offense involving the falsification of records concerning prescription, possession, or consumption of any of the substances described in paragraphs (4) and (5), in which event the record of the conviction is conclusive evidence of the conviction. The board may inquire into the circumstances surrounding the commission of the crime in order to fix the degree of discipline.
(7)CA Business & Professions Code § 4521(a)(7) Be committed or confined by a court of competent jurisdiction for intemperate use of or addiction to the use of any of the substances described in paragraphs (4) and (5), in which event the court order of commitment or confinement is prima facie evidence of the commitment or confinement.
(8)CA Business & Professions Code § 4521(a)(8) Falsify, or make grossly incorrect, grossly inconsistent, or unintelligible entries in any hospital, patient, or other record pertaining to the substances described in paragraph (4).
(b)CA Business & Professions Code § 4521(b) Procuring a certificate or license by fraud, misrepresentation, or mistake.
(c)CA Business & Professions Code § 4521(c) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate any provision or terms of this chapter.
(d)CA Business & Professions Code § 4521(d) Giving any false statement or information in connection with an application.
(e)CA Business & Professions Code § 4521(e) Conviction of any offense substantially related to the qualifications, functions, and duties of a psychiatric technician, in which event the record of the conviction shall be conclusive evidence of the conviction. The board may inquire into the circumstances surrounding the commission of the crime in order to fix the degree of discipline.
(f)CA Business & Professions Code § 4521(f) Impersonating any applicant or acting as proxy for an applicant in any examination required by this chapter.
(g)CA Business & Professions Code § 4521(g) Impersonating another practitioner, or permitting another person to use the licensee’s certificate or license.
(h)CA Business & Professions Code § 4521(h) The use of excessive force upon or the mistreatment or abuse of any patient.
(i)CA Business & Professions Code § 4521(i) Aiding or assisting, or agreeing to aid or assist any person or persons, whether a licensed physician or not, in the performance of or arranging for a violation of any of the provisions of Article 12 (commencing with Section 2220) of Chapter 5 of Division 2.
(j)CA Business & Professions Code § 4521(j) Failure to maintain confidentiality of patient medical information, except as disclosure is otherwise permitted or required by law.
(k)CA Business & Professions Code § 4521(k) Failure to report to the commission any act prohibited by this section.
(l)CA Business & Professions Code § 4521(l) The commission of any act punishable as a sexually related crime, if that act is substantially related to the duties and functions of the licensee.
(m)CA Business & Professions Code § 4521(m) The commission of any act involving dishonesty, when that action is substantially related to the duties and functions of the licensee.
(n)CA Business & Professions Code § 4521(n) Except for good cause, the knowing failure to protect patients by failing to follow infection control guidelines, thereby risking transmission of blood-borne infectious diseases from licensee to patient, from patient to patient, and from patient to licensee. In administering this subdivision, the board shall consider the standards, regulations, and guidelines of the State Department of Public Health developed pursuant to Section 1250.11 of the Health and Safety Code and the standards, guidelines, and regulations pursuant to the California Occupational Safety and Health Act of 1973 (Part 1 (commencing with Section 6300) of Division 5 of the Labor Code) for preventing the transmission of HIV, hepatitis B, and other blood-borne pathogens in health care settings. As necessary, the board shall consult with the Medical Board of California, the Board of Dental Examiners, and the Board of Registered Nursing, to encourage appropriate consistency in the implementation of this section.
(o)CA Business & Professions Code § 4521(o) The board shall seek to ensure that licentiates and others regulated by the board are informed of the responsibility of licentiates and others to follow infection control guidelines, and of the most recent scientifically recognized safeguards for minimizing the risk of transmission of blood-borne infectious diseases.

Section § 4521.1

Explanation

This section allows the board to issue a probationary license to applicants who have violated certain rules but meet other criteria for licensure. Terms of probation may include medical treatment, rehabilitation, avoiding substance use, and following all laws in the chapter. Special consideration is given to applicants whose criminal convictions have been dismissed. Applicants can submit evidence of rehabilitation, and the board may change the probation terms if requested. Probationary licenses have a three-year limit, and there are set guidelines for moving from probation to a standard license, which include supervision and regular reporting requirements.

(a)CA Business & Professions Code § 4521.1(a) The board may issue an initial license on probation, with specific terms and conditions, to any applicant who has violated any term of this chapter, but who has met all other requirements for licensure and who has successfully completed the examination for licensure within four years of the date of issuance of the initial license.
(b)CA Business & Professions Code § 4521.1(b) Specific terms and conditions may include, but are not limited to, the following:
(1)CA Business & Professions Code § 4521.1(b)(1) Continuing medical, psychiatric, or psychological treatment.
(2)CA Business & Professions Code § 4521.1(b)(2) Ongoing participation in a specified rehabilitation program.
(3)CA Business & Professions Code § 4521.1(b)(3) Abstention from the use of alcohol or drugs.
(4)CA Business & Professions Code § 4521.1(b)(4) Compliance with all provisions of this chapter.
(c)Copy CA Business & Professions Code § 4521.1(c)
(1)Copy CA Business & Professions Code § 4521.1(c)(1) Notwithstanding any other provision of law, and for purposes of this section, when deciding whether to issue a probationary license, the board shall request that an applicant with a dismissed conviction provide proof of that dismissal and shall give special consideration to applicants whose convictions have been dismissed pursuant to Section 1203.4 or 1203.4a of the Penal Code.
(2)CA Business & Professions Code § 4521.1(c)(2) The board shall also take into account and consider any other reasonable documents or individual character references provided by the applicant that may serve as evidence of rehabilitation as deemed appropriate by the board.
(d)CA Business & Professions Code § 4521.1(d) The board may modify or terminate the terms and conditions imposed on the probationary license upon receipt of a petition from the applicant or licensee.
(e)CA Business & Professions Code § 4521.1(e) For purposes of issuing a probationary license to qualified new applicants, the board shall develop standard terms of probation that shall include, but not be limited to, the following:
(1)CA Business & Professions Code § 4521.1(e)(1) A three-year limit on the individual probationary license.
(2)CA Business & Professions Code § 4521.1(e)(2) A process to obtain a standard license for applicants who were issued a probationary license.
(3)CA Business & Professions Code § 4521.1(e)(3) Supervision requirements.
(4)CA Business & Professions Code § 4521.1(e)(4) Compliance and quarterly reporting requirements.

Section § 4521.2

Explanation

This law requires psychiatric technicians and their employers to report to the board if they know about certain misconduct. This includes actions like substance abuse affecting work, illegal drug sales, patient abuse, record tampering, negligence, or theft. Employers must report if a technician is suspended, terminated, or resigns for these reasons. Employment agencies must also report if a facility rejects a technician for similar reasons. Reports are confidential, not part of civil case discovery, and making them does not affect medical record privacy. Not reporting can result in fines up to $10,000. Making a report won't lead to civil penalties for the reporter. The board will handle this reporting system if funded by the state's budget.

(a)CA Business & Professions Code § 4521.2(a) If a psychiatric technician has knowledge that another person has committed any act prohibited by Section 4521, the psychiatric technician shall report this information to the board in writing and shall cooperate with the board in furnishing information or assistance as may be required.
(b)CA Business & Professions Code § 4521.2(b) Any employer of a psychiatric technician shall report to the board the suspension or termination for cause, or resignation for cause, of any psychiatric technician in their employ. In the case of psychiatric technicians employed by the state, the report shall not be made until after the conclusion of the review process specified in Section 52.6 of Title 2 of the California Code of Regulations and Skelly v. State Personnel Bd. (1975) 15 Cal.3d 194. The reporting required herein shall not constitute a waiver of confidentiality of medical records. The information reported or disclosed shall be kept confidential except as provided in subdivision (d), and shall not be subject to discovery in civil cases.
(c)CA Business & Professions Code § 4521.2(c) An employment agency or nursing registry shall report to the board the rejection from assignment of a licensed psychiatric technician by a health facility or home health care provider due to acts that would be cause for suspension or termination as described in subdivision (d).
(d)CA Business & Professions Code § 4521.2(d) For purposes of this section, “suspension, termination, or resignation for cause” or “rejection from assignment” are defined as suspension, termination, or resignation from employment, or rejection from assignment, for any of the following reasons:
(1)CA Business & Professions Code § 4521.2(d)(1) Use of controlled substances or alcohol to such an extent that it impairs the licensee’s ability to safely practice as a psychiatric technician.
(2)CA Business & Professions Code § 4521.2(d)(2) Unlawful sale of controlled substances or other prescription items.
(3)CA Business & Professions Code § 4521.2(d)(3) Patient or client abuse, neglect, physical harm, or sexual contact with a patient or client.
(4)CA Business & Professions Code § 4521.2(d)(4) Falsification of medical records.
(5)CA Business & Professions Code § 4521.2(d)(5) Gross negligence or incompetence.
(6)CA Business & Professions Code § 4521.2(d)(6) Theft from patients or clients, other employees, or the employer.
(e)CA Business & Professions Code § 4521.2(e) Failure of an employer to make a report required by this section is punishable by an administrative fine not to exceed ten thousand dollars ($10,000) per violation.
(f)CA Business & Professions Code § 4521.2(f) Pursuant to Section 43.8 of the Civil Code, no person shall incur any civil penalty as a result of making any report required by this chapter.
(g)CA Business & Professions Code § 4521.2(g) The board shall implement this section contingent upon necessary funding being provided in the annual Budget Act.
(h)CA Business & Professions Code § 4521.2(h) For purposes of this section, “employer” includes employment agencies and nursing registries.

Section § 4521.6

Explanation

This law outlines that the board in charge can deny, suspend, or revoke a health care professional's license or permit if they've faced disciplinary action in another state or by another agency. Specifically, if they were denied a license, had their license restricted, or voluntarily surrendered it after being disciplined elsewhere, that action can affect their license status in California. Proof from the other jurisdiction, or another California licensing board, will serve as undeniable evidence for taking similar action in California.

The board may deny any application or may suspend or revoke any license or permit issued under this chapter, for any of the following:
(a)CA Business & Professions Code § 4521.6(a) The denial of licensure, suspension, restriction of license, or voluntary surrender following the initiation of disciplinary action by another state or other government agency, of a license, registration, permit, or certificate to practice as a health care professional shall constitute grounds for denial of a permit or license or for disciplinary action against a licensee. A certified copy of the finding from another state which establishes an act which if committed in California would be grounds for discipline shall be conclusive evidence of that action.
(b)CA Business & Professions Code § 4521.6(b) The denial of licensure, suspension, restriction of license, or voluntary surrender following the initiation of disciplinary action by another California health care professional licensing board shall constitute grounds for denial of a permit or license or for disciplinary action against a licensee. A certified copy of the decision or judgment shall be conclusive evidence of that action.

Section § 4522

Explanation

This section gives the board authority to revoke, suspend, or deny a license for psychiatric technicians based on disciplinary grounds. If they deny a license, they must clearly explain the reasons, especially if it involves the applicant's criminal history. Applicants have the right to request their criminal history record. Hearings for denied licenses must be held within 90 days upon request. Importantly, any information shared must respect the applicant's privacy.

(a)CA Business & Professions Code § 4522(a) Notwithstanding Section 4521 or any other law, the board may revoke, suspend, or deny at any time a license under this chapter on any of the grounds for disciplinary action provided in this chapter. The proceedings under this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted therein.
(b)CA Business & Professions Code § 4522(b) The board may deny a license to an applicant on any of the grounds specified in Section 480.
(c)CA Business & Professions Code § 4522(c) In addition to the requirements provided in Sections 485 and 486, upon denial of an application for a license, the board shall provide a statement of reasons for the denial that does the following:
(1)CA Business & Professions Code § 4522(c)(1) Evaluates evidence of rehabilitation submitted by the applicant, if any.
(2)CA Business & Professions Code § 4522(c)(2) Provides the board’s criteria relating to rehabilitation, formulated pursuant to Section 482, that takes into account the age and severity of the offense, and the evidence relating to participation in treatment or other rehabilitation programs.
(3)CA Business & Professions Code § 4522(c)(3) If the board’s decision was based on the applicant’s prior criminal conviction, justifies the board’s denial of a license and conveys the reasons why the prior criminal conviction is substantially related to the qualifications, functions, or duties of a licensed psychiatric technician.
(d)CA Business & Professions Code § 4522(d) Commencing July 1, 2009, all of the following shall apply:
(1)CA Business & Professions Code § 4522(d)(1) If the denial of a license is due at least in part to the applicant’s state or federal criminal history record, the board shall, in addition to the information provided pursuant to paragraph (3) of subdivision (c), provide to the applicant a copy of the applicant’s criminal history record if the applicant makes a written request to the board for a copy, specifying an address to which it is to be sent.
(A)CA Business & Professions Code § 4522(d)(1)(A) The state or federal criminal history record shall not be modified or altered from its form or content as provided by the Department of Justice.
(B)CA Business & Professions Code § 4522(d)(1)(B) The criminal history record shall be provided in such a manner as to protect the confidentiality and privacy of the applicant’s criminal history record and the criminal history record shall not be made available by the board to any employer.
(C)CA Business & Professions Code § 4522(d)(1)(C) The board shall retain a copy of the applicant’s written request and a copy of the response sent to the applicant, which shall include the date and the address to which the response was sent.
(2)CA Business & Professions Code § 4522(d)(2) The board shall make that information available upon request by the Department of Justice or the Federal Bureau of Investigation.
(e)CA Business & Professions Code § 4522(e) Notwithstanding Section 487, the board shall conduct a hearing of a license denial within 90 days of receiving an applicant’s request for a hearing. For all other hearing requests, the board shall determine when the hearing shall be conducted.

Section § 4523

Explanation

If a psychiatric technician pleads guilty or no contest to a charge that is related to their job duties, it's treated as a conviction. The board overseeing psychiatric technicians can suspend or revoke their license or refuse to issue one. This applies even if the technician later changes their plea or has the conviction set aside.

A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a psychiatric technician is deemed to be a conviction within the meaning of this article. The board may order the license suspended or revoked or may decline to issue a license, when the time for appeal has lapsed, or the judgment or conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code allowing the person to withdraw the plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment.

Section § 4524

Explanation

If a person's professional license has been revoked, suspended, surrendered, or placed on probation, they can ask the board to reinstate it or change the penalties. They must wait a certain amount of time—three years for revocations, two years for ending a longer probation, and one year for minor changes or illness-related revocations. They have to prove that they're entitled to the change and the board will decide whether to grant it, adding conditions if needed. If the person is facing any criminal charges, they can't make a petition. The board can decide quickly, without a hearing, to deny petitions made too soon after a previous decision. This law doesn't change existing laws about mental or physical evaluations.

(a)CA Business & Professions Code § 4524(a) A person whose license has been revoked, suspended, surrendered, or placed on probation, may petition the board for reinstatement or modification of the penalty, including modification or termination of probation, after a period not less than the following minimum periods has elapsed from the effective date of the disciplinary order or if any portion of the order is stayed by the board itself or by the superior court, from the date the disciplinary action is actually implemented in its entirety:
(1)CA Business & Professions Code § 4524(a)(1) Except as otherwise provided in this section, at least three years for the reinstatement of a license that was revoked or surrendered, except that the board may, in its sole discretion, specify in its order a lesser period of time, which shall be no less than one year to petition for reinstatement.
(2)CA Business & Professions Code § 4524(a)(2) At least two years for the early termination of a probation period of three years or more.
(3)CA Business & Professions Code § 4524(a)(3) At least one year for the early termination of a probation period of less than three years.
(4)CA Business & Professions Code § 4524(a)(4) At least one year for the modification of a condition of probation, or for the reinstatement of a license revoked for mental or physical illness.
(b)CA Business & Professions Code § 4524(b) The board shall give notice to the Attorney General of the filing of the petition. The petitioner and the Attorney General shall be given timely notice by letter of the time and place of the hearing on the petition, and an opportunity to present both oral and documentary evidence and argument to the board. The petitioner shall at all times have the burden of proof to establish by clear and convincing evidence that the petitioner is entitled to the relief sought in the petition.
(c)CA Business & Professions Code § 4524(c) The board itself or the administrative law judge, if one is designated by the board, shall hear the petition and shall prepare a written decision setting forth the reasons supporting the decision.
(d)CA Business & Professions Code § 4524(d) The board may grant or deny the petition or may impose any terms and conditions that it reasonably deems appropriate as a condition of reinstatement or reduction of penalty.
(e)CA Business & Professions Code § 4524(e) No petition shall be considered while the petitioner is under sentence for any criminal offense, including any period during which the petitioner is on court-imposed probation or parole or subject to an order of registration pursuant to Section 290 of the Penal Code. No petition shall be considered while there is an accusation or petition to revoke probation pending against the petitioner.
(f)CA Business & Professions Code § 4524(f) Except in those cases where the petitioner has been disciplined for a violation of Section 822, the board may in its discretion deny without hearing or argument any petition that is filed pursuant to this section within a period of two years from the effective date of a prior decision following a hearing under this section.
(g)CA Business & Professions Code § 4524(g) Nothing in this section shall be deemed to alter the provisions of Sections 822 and 823.