Section § 4500

Explanation

This section simply names the law governing psychiatric technicians as the “Psychiatric Technicians Law.”

This chapter is known and may be cited as the “Psychiatric Technicians Law.”

Section § 4501

Explanation

This law defines the term "board" specifically as the Board of Vocational Nursing and Psychiatric Technicians in California. It's important to know that this definition is temporary and will no longer be in effect after January 1, 2029.

(a)CA Business & Professions Code § 4501(a) As used in this chapter, “board” means the Board of Vocational Nursing and Psychiatric Technicians of the State of California.
(b)CA Business & Professions Code § 4501(b) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.

Section § 4501.1

Explanation

This law makes it clear that keeping the public safe is the most important job for the board when it comes to licensing, regulating, and disciplining professionals. If there's ever a conflict between public safety and other interests, keeping the public safe should always come first.

Protection of the public shall be the highest priority for the board in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.

Section § 4501.2

Explanation

When Section 4501 is repealed, the entity that takes over the responsibilities of the board mentioned in that section will be evaluated by the Legislature's policy committees.

Notwithstanding any other law, the repeal of Section 4501 renders the successor entity to the board in Section 4501 subject to review by the appropriate policy committees of the Legislature.

Section § 4502

Explanation

A psychiatric technician is someone who works, for pay, to help treat and support people with mental illnesses or intellectual disabilities. They are responsible for carrying out therapeutic procedures, giving treatments, and recording patient symptoms as directed by a doctor or psychiatrist. While they have specific duties, psychiatric technicians cannot perform surgery or practice medicine. Their work is supervised by a qualified director like a doctor or registered nurse.

As used in this chapter, “psychiatric technician” means any person who, for compensation or personal profit, implements procedures and techniques that involve understanding of cause and effect and that are used in the care, treatment, and rehabilitation of mentally ill or emotionally disturbed persons, or persons with intellectual disabilities, and who has one or more of the following:
(a)CA Business & Professions Code § 4502(a) Direct responsibility for administering or implementing specific therapeutic procedures, techniques, treatments, or medications with the aim of enabling recipients or patients to make optimal use of their therapeutic regime, their social and personal resources, and their residential care.
(b)CA Business & Professions Code § 4502(b) Direct responsibility for the application of interpersonal and technical skills in the observation and recognition of symptoms and reactions of recipients or patients, for the accurate recording of these symptoms and reactions, and for the carrying out of treatments and medications as prescribed by a licensed physician and surgeon or a psychiatrist.
The psychiatric technician in the performance of these procedures and techniques is responsible to the director of the service in which those duties are performed. The director may be a licensed physician and surgeon, psychiatrist, psychologist, rehabilitation therapist, social worker, registered nurse, or other professional personnel.
Nothing herein shall authorize a licensed psychiatric technician to practice medicine or surgery or to undertake the prevention, treatment, or cure of disease, pain, injury, deformity, or mental or physical condition in violation of the law.

Section § 4502.1

Explanation

This law allows psychiatric technicians in mental health or developmental disability facilities to give patients medicine through injections, as long as a doctor prescribes it.

A psychiatric technician, working in a mental health facility or developmental disability facility, when prescribed by a licensed physician and surgeon, may administer medications by hypodermic injection.

Section § 4502.2

Explanation

This law says that psychiatric technicians can draw blood from patients with mental illnesses or developmental disabilities if a licensed doctor prescribes it. However, the technician must either complete a specific training course approved by the board or prove to the board that they are competent to do this task.

A psychiatric technician, when prescribed by a licensed physician and surgeon, may withdraw blood from a patient with a mental illness or developmental disability if the psychiatric technician has received certification from the board that the psychiatric technician has completed a prescribed course of instruction approved by the board or has demonstrated competence to the satisfaction of the board.

Section § 4502.3

Explanation

This law allows psychiatric technicians to give certain skin tests and vaccinations to patients with mental illness or developmental disabilities, if prescribed by a doctor. They must follow a tuberculosis program for skin tests and can only give vaccines under a doctor's standing orders or specific written guidelines. Technicians need to show they can handle giving these tests and vaccines safely, know the risks, and respond to emergencies if a patient has a bad reaction.

(a)CA Business & Professions Code § 4502.3(a) A psychiatric technician, when prescribed by a licensed physician and surgeon, may perform the following activities on a patient with a mental illness or developmental disability:
(1)CA Business & Professions Code § 4502.3(a)(1) Tuberculin, coccidioidin, and histoplasmin skin tests, providing the administration is within the course of a tuberculosis control program.
(2)CA Business & Professions Code § 4502.3(a)(2) Immunization techniques, providing the administration is upon the standing orders of a supervising licensed physician and surgeon or pursuant to written guidelines adopted by a hospital or medical group with whom the supervising licensed physician and surgeon is associated.
(b)CA Business & Professions Code § 4502.3(b) In performing activities pursuant to subdivision (a), the psychiatric technician shall satisfactorily demonstrate competence in all of the following:
(1)CA Business & Professions Code § 4502.3(b)(1) Administering the testing or immunization agents, including knowledge of all indications and contraindications for the administration of the agents.
(2)CA Business & Professions Code § 4502.3(b)(2) Recognizing any emergency reactions to the agent that constitute a danger to the health or life of the patient.
(3)CA Business & Professions Code § 4502.3(b)(3) Treating those emergency reactions by using procedures, medication, and equipment within the scope of practice of the psychiatric technician.

Section § 4503

Explanation

The board is responsible for implementing and ensuring compliance with the rules in this chapter. However, this section of the law will no longer be valid after January 1, 2029, because it will be repealed on that date.

(a)CA Business & Professions Code § 4503(a) The board shall administer and enforce the provisions of this chapter.
(b)CA Business & Professions Code § 4503(b) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.

Section § 4503.1

Explanation

This law states that even if other laws say otherwise, if Section 4503 is repealed, the new entity that takes over the board mentioned in that section will have to be evaluated by special committees in the state Legislature.

Notwithstanding any other law, the repeal of Section 4503 renders the successor entity to the board in Section 4503 subject to review by the appropriate policy committees of the Legislature.

Section § 4504

Explanation

The board is responsible for prosecuting anyone who breaks the rules in this chapter. They can hire staff to help enforce these rules and decide how much to pay them. The board also has the power to create, change, or remove rules as needed. These rules must be made following a specific process outlined in another law called the Administrative Procedure Act.

(a)CA Business & Professions Code § 4504(a) The board shall prosecute all persons guilty of violating the provisions of this chapter.
(b)CA Business & Professions Code § 4504(b) The board may employ clerical assistance as it deems necessary to carry into effect the provisions of this chapter. The board may fix the compensation to be paid for those services and may incur other expenses as it may deem necessary.
(c)CA Business & Professions Code § 4504(c) The board may adopt, amend, or repeal rules and regulations as may be reasonably necessary to carry out the provisions of this chapter. Those rules and regulations shall be adopted in accordance with the provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).

Section § 4505

Explanation

The board can hire as many staff members as needed to manage the operations outlined in this chapter, unless another rule specifically limits this action.

Except as provided by Section 159.5, the board may employ whatever personnel is necessary for the administration of this chapter.

Section § 4507

Explanation

This section states that certain professionals are not subject to the rules of this chapter. It lists specific exempt groups, including licensed physicians, psychologists, nurses, social workers, therapists, teachers, and occupational therapists. Art, dance, music, and recreation therapists in licensed health facilities are also exempt. Additionally, other groups may be exempt if they have appropriate licensing or training as determined by the board.

This chapter shall not apply to the following:
(a)CA Business & Professions Code § 4507(a) Physicians and surgeons licensed pursuant to Chapter 5 (commencing with Section 2000) of Division 2.
(b)CA Business & Professions Code § 4507(b) Psychologists licensed pursuant to Chapter 6.6 (commencing with Section 2900) of Division 2.
(c)CA Business & Professions Code § 4507(c) Registered nurses licensed pursuant to Chapter 6 (commencing with Section 2700) of Division 2.
(d)CA Business & Professions Code § 4507(d) Vocational nurses licensed pursuant to Chapter 6.5 (commencing with Section 2840) of Division 2.
(e)CA Business & Professions Code § 4507(e) Social workers or clinical social workers licensed pursuant to Chapter 14 (commencing with Section 4991) of Division 2.
(f)CA Business & Professions Code § 4507(f) Marriage and family therapists licensed pursuant to Chapter 13 (commencing with Section 4980) of Division 2.
(g)CA Business & Professions Code § 4507(g) Professional clinical counselors licensed pursuant to Chapter 16 (commencing with Section 4999.10) of Division 2.
(h)CA Business & Professions Code § 4507(h) Teachers credentialed pursuant to Article 1 (commencing with Section 44200) of Chapter 2 of Part 25 of Division 3 of Title 2 of the Education Code.
(i)CA Business & Professions Code § 4507(i) Occupational therapists as specified in Chapter 5.6 (commencing with Section 2570) of Division 2.
(j)CA Business & Professions Code § 4507(j) Art therapists, dance therapists, music therapists, and recreation therapists, as defined in Division 5 (commencing with Section 70001) of Title 22 of the California Code of Regulations, who are personnel of health facilities licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code.
(k)CA Business & Professions Code § 4507(k) Any other categories of persons the board determines are entitled to exemption from this chapter because they have complied with other licensing provisions of this code or because they are deemed by statute or by regulations contained in the California Code of Regulations to be adequately trained in their respective occupations. The exemptions shall apply only to a given specialized area of training within the specific discipline for which the exemption is granted.

Section § 4508

Explanation

This law allows religious organizations to provide the services mentioned in this chapter, whether they charge for them or not, as long as they don't practice in ways restricted by this chapter.

This chapter does not prohibit provisions of the services regulated herein with or without compensation or personal profit, when done by the tenets of any well-recognized church or denomination, so long as they do not otherwise engage in the practice set forth in the chapter.

Section § 4509.5

Explanation

This law allows people to perform certain services while training for a license, as long as the training is part of a program approved by the board or related to another professional field.

Nothing in this chapter shall be construed to prevent persons from performing services described in Section 4502 for purposes of training to qualify for licensure under a program approved by the board or for training in another allied professional field.