Psychiatric TechniciansDisciplinary Proceedings
Section § 4520
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.
Section § 4521
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.
Section § 4521.1
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.
Section § 4521.2
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.
Section § 4521.6
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.
Section § 4522
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.
Section § 4523
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.
Section § 4524
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.