4520. 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.
4521. The board may suspend or revoke a license issued under this
chapter for any of the following reasons:
(a) Unprofessional conduct, which includes, but is not limited to,
any of the following:
(1) Incompetence or gross negligence in carrying out usual
psychiatric technician functions.
(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) The use of advertising relating to psychiatric technician
services which violates Section 17500.
(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 himself or herself 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) 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 himself or
herself, any other person, or the public or to the extent that the
use impairs his or her ability to conduct with safety to the public
the practice authorized by his or her license.
(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) 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) 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) Procuring a certificate or license by fraud,
misrepresentation, or mistake.
(c) Procuring, or aiding, or abetting, or attempting, or agreeing
or offering to procure or assist at a criminal abortion.
(d) 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.
(e) Giving any false statement or information in connection with
an application.
(f) 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.
(g) Impersonating any applicant or acting as proxy for an
applicant in any examination required by this chapter.
(h) Impersonating another practitioner, or permitting another
person to use his or her certificate or license.
(i) The use of excessive force upon or the mistreatment or abuse
of any patient.
(j) 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.
(k) Failure to maintain confidentiality of patient medical
information, except as disclosure is otherwise permitted or required
by law.
(l) Failure to report the commission of any act prohibited by this
section.
(m) 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.
(n) The commission of any act involving dishonesty, when that
action is substantially related to the duties and functions of the
licensee.
(o) 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
Health Services 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 California Medical Board, the Board of
Dental Examiners, and the Board of Registered Nursing, to encourage
appropriate consistency in the implementation of this section.
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.
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) Specific terms and conditions may include, but are not limited
to, the following:
(1) Continuing medical, psychiatric, or psychological treatment.
(2) Ongoing participation in a specified rehabilitation program.
(3) Abstention from the use of alcohol or drugs.
(4) Compliance with all provisions of this chapter.
(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) 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) 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) 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) A three-year limit on the individual probationary license.
(2) A process to obtain a standard license for applicants who were
issued a probationary license.
(3) Supervision requirements.
(4) Compliance and quarterly reporting requirements.
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) Any employer of a psychiatric technician shall report to the
board the suspension or termination 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 52.3 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 (c) of Section 800 of the Business and
Professions Code, and shall not be subject to discovery in civil
cases.
(c) For purposes of this section, "suspension or termination for
cause" is defined as suspension or termination from employment for
any of the following reasons:
(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) Unlawful sale of controlled substances or other prescription
items.
(3) Patient or client abuse, neglect, physical harm, or sexual
contact with a patient or client.
(4) Falsification of medical records.
(5) Gross negligence or incompetence.
(6) Theft from patients or clients, other employees, or the
employer.
(d) 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.
(e) 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.
(f) The board shall implement this section contingent upon
necessary funding being provided in the annual Budget Act.
4521.6. 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) 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) 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.
4522. (a) Notwithstanding Section 4521 or any other provision of
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) The board may deny a license to an applicant on any of the
grounds specified in Section 480.
(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) Evaluates evidence of rehabilitation submitted by the
applicant, if any.
(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) 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) Commencing July 1, 2009, all of the following shall apply:
(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 his or her
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) 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) 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) 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) The board shall make that information available upon request
by the Department of Justice or the Federal Bureau of Investigation.
(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.
4523. 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 his 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.
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) 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) At least two years for the early termination of a probation
period of three years or more.
(3) At least one year for the early termination of a probation
period of less than three years.
(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) 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 he or she is entitled to the relief sought
in the petition.
(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) 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) 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) 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) Nothing in this section shall be deemed to alter the
provisions of Sections 822 and 823.
4520. 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.
4521. The board may suspend or revoke a license issued under this
chapter for any of the following reasons:
(a) Unprofessional conduct, which includes, but is not limited to,
any of the following:
(1) Incompetence or gross negligence in carrying out usual
psychiatric technician functions.
(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) The use of advertising relating to psychiatric technician
services which violates Section 17500.
(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 himself or herself 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) 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 himself or
herself, any other person, or the public or to the extent that the
use impairs his or her ability to conduct with safety to the public
the practice authorized by his or her license.
(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) 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) 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) Procuring a certificate or license by fraud,
misrepresentation, or mistake.
(c) Procuring, or aiding, or abetting, or attempting, or agreeing
or offering to procure or assist at a criminal abortion.
(d) 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.
(e) Giving any false statement or information in connection with
an application.
(f) 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.
(g) Impersonating any applicant or acting as proxy for an
applicant in any examination required by this chapter.
(h) Impersonating another practitioner, or permitting another
person to use his or her certificate or license.
(i) The use of excessive force upon or the mistreatment or abuse
of any patient.
(j) 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.
(k) Failure to maintain confidentiality of patient medical
information, except as disclosure is otherwise permitted or required
by law.
(l) Failure to report the commission of any act prohibited by this
section.
(m) 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.
(n) The commission of any act involving dishonesty, when that
action is substantially related to the duties and functions of the
licensee.
(o) 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
Health Services 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 California Medical Board, the Board of
Dental Examiners, and the Board of Registered Nursing, to encourage
appropriate consistency in the implementation of this section.
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.
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) Specific terms and conditions may include, but are not limited
to, the following:
(1) Continuing medical, psychiatric, or psychological treatment.
(2) Ongoing participation in a specified rehabilitation program.
(3) Abstention from the use of alcohol or drugs.
(4) Compliance with all provisions of this chapter.
(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) 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) 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) 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) A three-year limit on the individual probationary license.
(2) A process to obtain a standard license for applicants who were
issued a probationary license.
(3) Supervision requirements.
(4) Compliance and quarterly reporting requirements.
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) Any employer of a psychiatric technician shall report to the
board the suspension or termination 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 52.3 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 (c) of Section 800 of the Business and
Professions Code, and shall not be subject to discovery in civil
cases.
(c) For purposes of this section, "suspension or termination for
cause" is defined as suspension or termination from employment for
any of the following reasons:
(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) Unlawful sale of controlled substances or other prescription
items.
(3) Patient or client abuse, neglect, physical harm, or sexual
contact with a patient or client.
(4) Falsification of medical records.
(5) Gross negligence or incompetence.
(6) Theft from patients or clients, other employees, or the
employer.
(d) 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.
(e) 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.
(f) The board shall implement this section contingent upon
necessary funding being provided in the annual Budget Act.
4521.6. 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) 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) 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.
4522. (a) Notwithstanding Section 4521 or any other provision of
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) The board may deny a license to an applicant on any of the
grounds specified in Section 480.
(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) Evaluates evidence of rehabilitation submitted by the
applicant, if any.
(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) 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) Commencing July 1, 2009, all of the following shall apply:
(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 his or her
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) 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) 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) 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) The board shall make that information available upon request
by the Department of Justice or the Federal Bureau of Investigation.
(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.
4523. 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 his 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.
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) 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) At least two years for the early termination of a probation
period of three years or more.
(3) At least one year for the early termination of a probation
period of less than three years.
(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) 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 he or she is entitled to the relief sought
in the petition.
(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) 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) 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) 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) Nothing in this section shall be deemed to alter the
provisions of Sections 822 and 823.
4520. 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.
4521. The board may suspend or revoke a license issued under this
chapter for any of the following reasons:
(a) Unprofessional conduct, which includes, but is not limited to,
any of the following:
(1) Incompetence or gross negligence in carrying out usual
psychiatric technician functions.
(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) The use of advertising relating to psychiatric technician
services which violates Section 17500.
(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 himself or herself 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) 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 himself or
herself, any other person, or the public or to the extent that the
use impairs his or her ability to conduct with safety to the public
the practice authorized by his or her license.
(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) 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) 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) Procuring a certificate or license by fraud,
misrepresentation, or mistake.
(c) Procuring, or aiding, or abetting, or attempting, or agreeing
or offering to procure or assist at a criminal abortion.
(d) 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.
(e) Giving any false statement or information in connection with
an application.
(f) 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.
(g) Impersonating any applicant or acting as proxy for an
applicant in any examination required by this chapter.
(h) Impersonating another practitioner, or permitting another
person to use his or her certificate or license.
(i) The use of excessive force upon or the mistreatment or abuse
of any patient.
(j) 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.
(k) Failure to maintain confidentiality of patient medical
information, except as disclosure is otherwise permitted or required
by law.
(l) Failure to report the commission of any act prohibited by this
section.
(m) 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.
(n) The commission of any act involving dishonesty, when that
action is substantially related to the duties and functions of the
licensee.
(o) 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
Health Services 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 California Medical Board, the Board of
Dental Examiners, and the Board of Registered Nursing, to encourage
appropriate consistency in the implementation of this section.
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.
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) Specific terms and conditions may include, but are not limited
to, the following:
(1) Continuing medical, psychiatric, or psychological treatment.
(2) Ongoing participation in a specified rehabilitation program.
(3) Abstention from the use of alcohol or drugs.
(4) Compliance with all provisions of this chapter.
(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) 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) 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) 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) A three-year limit on the individual probationary license.
(2) A process to obtain a standard license for applicants who were
issued a probationary license.
(3) Supervision requirements.
(4) Compliance and quarterly reporting requirements.
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) Any employer of a psychiatric technician shall report to the
board the suspension or termination 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 52.3 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 (c) of Section 800 of the Business and
Professions Code, and shall not be subject to discovery in civil
cases.
(c) For purposes of this section, "suspension or termination for
cause" is defined as suspension or termination from employment for
any of the following reasons:
(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) Unlawful sale of controlled substances or other prescription
items.
(3) Patient or client abuse, neglect, physical harm, or sexual
contact with a patient or client.
(4) Falsification of medical records.
(5) Gross negligence or incompetence.
(6) Theft from patients or clients, other employees, or the
employer.
(d) 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.
(e) 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.
(f) The board shall implement this section contingent upon
necessary funding being provided in the annual Budget Act.
4521.6. 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) 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) 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.
4522. (a) Notwithstanding Section 4521 or any other provision of
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) The board may deny a license to an applicant on any of the
grounds specified in Section 480.
(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) Evaluates evidence of rehabilitation submitted by the
applicant, if any.
(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) 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) Commencing July 1, 2009, all of the following shall apply:
(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 his or her
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) 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) 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) 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) The board shall make that information available upon request
by the Department of Justice or the Federal Bureau of Investigation.
(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.
4523. 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 his 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.
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) 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) At least two years for the early termination of a probation
period of three years or more.
(3) At least one year for the early termination of a probation
period of less than three years.
(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) 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 he or she is entitled to the relief sought
in the petition.
(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) 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) 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) 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) Nothing in this section shall be deemed to alter the
provisions of Sections 822 and 823.
