reglab/statecodes huggingface dataset:
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 9 - Pharmacy › ARTICLE 23 - Revenue and Renewal › Section 4402.

4402. (a) Any pharmacist license that is not renewed within three years following its expiration may not be renewed, restored, or reinstated and shall be canceled by operation of law at the end of the three-year period.
(b) (1) Any pharmacist whose license is canceled pursuant to subdivision (a) may obtain a new license if he or she takes and passes the examination that is required for initial license with the board.
(2) The board may impose conditions on any license issued pursuant to this section, as it deems necessary.
(c) A license that has been revoked by the board under former Section 4411 shall be deemed canceled three years after the board’s revocation action, unless the board has acted to reinstate the license in the interim.
(d) This section shall not affect the authority of the board to proceed with any accusation that has been filed prior to the expiration of the three-year period.
(e) Any other license issued by the board may be canceled by the board if the license is not renewed within 60 days after its expiration. Any license canceled under this subdivision may not be reissued. Instead, a new application will be required.
(Amended by Stats. 1999, Ch. 655, Sec. 53. Effective January 1, 2000.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 9 - Pharmacy › ARTICLE 23 - Revenue and Renewal › Section 4403.

4403. The board shall not reissue or renew any license without the payment of the fees required by this chapter and the payment of all fees that are delinquent at the time that the application is made.
(Amended by Stats. 2003, Ch. 539, Sec. 17. Effective January 1, 2004.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 9 - Pharmacy › ARTICLE 23 - Revenue and Renewal › Section 4404.

4404. If any license issued under this chapter is lost or destroyed, or if any person desires a reissuance of his or her license, the board may reissue it, subject to Section 4403, upon application therefor, and the submission of satisfactory proof, if required by the board, that the license has been lost or destroyed, or if the license has not been lost or destroyed, upon the surrender of the old license.
(Amended by Stats. 2000, Ch. 836, Sec. 27. Effective January 1, 2001.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 9 - Pharmacy › ARTICLE 23 - Revenue and Renewal › Section 4405.

4405. All fines recoverable under this chapter shall be paid by the magistrate receiving the same to the board, except where other provision is made in this chapter for the disposition thereof.
(Added by Stats. 1996, Ch. 890, Sec. 3. Effective January 1, 1997.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 9 - Pharmacy › ARTICLE 23 - Revenue and Renewal › Section 4406.

4406. All fees collected on behalf of the board and all receipts of every kind and nature shall be reported each month for the month preceding to the Controller and at the same time the entire amount shall be paid into the State Treasury and shall be credited to the Pharmacy Board Contingent Fund which is hereby created. This contingent fund shall be available, upon appropriation of the Legislature, for the use of the board.
(Amended by Stats. 2016, Ch. 484, Sec. 43. (SB 1193) Effective January 1, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 9 - Pharmacy › ARTICLE 23 - Revenue and Renewal › Section 4407.

4407. All compensation of members and all other expenses of the board shall be paid out of the examination and registration fees and fines.
(Added by Stats. 1996, Ch. 890, Sec. 3. Effective January 1, 1997.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 9 - Pharmacy › ARTICLE 23 - Revenue and Renewal › Section 4409.

4409. At the time a pharmacy license is renewed pursuant to subdivision (a) of Section 4110 or a pharmacist license is renewed pursuant to Section 4401, the pharmacy or pharmacist may make a contribution of at least twenty-five dollars ($25), to be submitted to the board, for the sole purpose of funding the California Pharmacist Scholarship and Loan Repayment Program established pursuant to Article 2 (commencing with Section 128198) of Chapter 3 of Part 3 of Division 107 of the Health and Safety Code. The contribution submitted pursuant to this section shall be paid into the State Treasury and credited to the California Pharmacist Scholarship and Loan Repayment Program Fund established pursuant to Section 128198.5 of the Health and Safety Code.
(Amended by Stats. 2004, Ch. 695, Sec. 43. Effective January 1, 2005.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 9 - Pharmacy › ARTICLE 24 - Prescription Rates for Medicare Beneficiaries › Section 4425.

4425. (a) As a condition for the participation of a pharmacy in the Medi-Cal program pursuant to Chapter 7 (commencing with Section 14000) of Division 9 of the Welfare and Institutions Code, the pharmacy, upon presentation of a valid prescription for the patient and the patient’s Medicare card, shall charge Medicare beneficiaries a price that does not exceed the Medi-Cal reimbursement rate for prescription medicines, and an amount, as set by the State Department of Health Care Services to cover electronic transmission charges. However, Medicare beneficiaries shall not be allowed to use the Medi-Cal reimbursement rate for over-the-counter medications or compounded prescriptions.
(b) The State Department of Health Care Services shall provide a mechanism to calculate and transmit the price to the pharmacy, but shall not apply the Medi-Cal drug utilization review process for purposes of this section.
(c) The State Department of Health Care Services shall monitor pharmacy participation with the requirements of subdivision (a).
(d) The State Department of Health Care Services shall conduct an outreach program to inform Medicare beneficiaries of their right to participate in the program described in subdivision (a), including, but not limited to, the following:
(1) Including on its Internet Web site the Medi-Cal reimbursement rate for, at minimum, 200 of the most commonly prescribed medicines and updating this information monthly.
(2) Providing a sign to participating pharmacies that the pharmacies shall prominently display at the point of service and at the point of sale, reminding the Medicare beneficiaries to ask that the charge for their prescription be the same amount as the Medi-Cal reimbursement rate and providing the department’s telephone number, e-mail address, and Internet Web site address to access information about the program.
(e) If prescription drugs are added to the scope of benefits available under the federal Medicare program, the Senate Office of Research shall report that fact to the appropriate committees of the Legislature. It is the intent of the Legislature to evaluate the need to continue the implementation of this article under those circumstances.
(f) This section shall not apply to a prescription that is covered by insurance.
(Amended by Stats. 2010, Ch. 653, Sec. 34. (SB 1489) Effective January 1, 2011.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 9 - Pharmacy › ARTICLE 24 - Prescription Rates for Medicare Beneficiaries › Section 4426.

4426. The State Department of Health Care Services shall conduct a study of the adequacy of Medi-Cal pharmacy reimbursement rates including the cost of providing prescription drugs and services.
(Amended by Stats. 2010, Ch. 653, Sec. 35. (SB 1489) Effective January 1, 2011.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 9 - Pharmacy › ARTICLE 25 - Automated Drug Delivery System › Section 4427.

4427. As used in this article, “drugs” or “dangerous drugs” shall have the same meaning as “dangerous drug” as provided in Section 4022 and “devices” or “dangerous devices” shall have the same meaning as “dangerous device” as provided in Section 4022.
(Added by Stats. 2018, Ch. 666, Sec. 9. (SB 1447) Effective January 1, 2019. Operative July 1, 2019, pursuant to Section 4427.8.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 9 - Pharmacy › ARTICLE 25 - Automated Drug Delivery System › Section 4427.1.

4427.1. An ADDS shall not be installed or operated in California unless it meets the requirements of this article.
(Added by Stats. 2018, Ch. 666, Sec. 9. (SB 1447) Effective January 1, 2019. Operative July 1, 2019, pursuant to Section 4427.8.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 9 - Pharmacy › ARTICLE 25 - Automated Drug Delivery System › Section 4427.2.

4427.2. (a) An ADDS installed, leased, owned, or operated in California shall be licensed by the board.
(b) An ADDS license shall only be issued to the holder of a current, valid, and active pharmacy license of a pharmacy located and licensed in California.
(c) A separate application and license shall be required for each ADDS.
(d) An ADDS license shall only be issued when the following conditions are met:
(1) Use of the ADDS is consistent with legal requirements.
(2) The proposed location for installation of the ADDS meets the requirements of Section 4427.3 and the ADDS is secure from access and removal by unauthorized individuals.
(3) The pharmacy’s policies and procedures related to the ADDS include appropriate security measures and monitoring of the inventory to prevent theft and diversion.
(4) The pharmacy’s policies and procedures include provisions for reporting to the board drug losses from the ADDS inventory, as required by law.
(e) Prior to issuance of the license, the board shall conduct a prelicensure inspection, within 30 days of a completed application for an ADDS license, at the proposed location of the ADDS. Relocation of the ADDS shall require a new application for licensure. Replacement of an ADDS shall require notification to the board within 30 days.
(f) The ADDS license shall be canceled by operation of law if the underlying pharmacy license is not current, valid, and active. Upon reissuance or reinstatement of the underlying pharmacy license, a new application for an ADDS license may be submitted to the board.
(g) The holder of an ADDS license shall advise the board in writing within 30 days if use of the ADDS is discontinued.
(h) The ADDS license shall be renewed annually, and the renewal date shall be the same as the underlying pharmacy license.
(i) An AUDS operated by a licensed hospital pharmacy, as defined in Section 4029, and used solely to provide doses administered to patients while in a licensed general acute care hospital facility or a licensed acute psychiatric hospital facility, as defined in subdivisions (a) and (b) of Section 1250 of the Health and Safety Code, shall be exempt from the requirement of obtaining an ADDS license pursuant to this section if the licensed hospital pharmacy owns or leases the AUDS and owns the dangerous drugs and dangerous devices in the AUDS. The AUDS shall comply with all other requirements for an ADDS in this article. The licensed hospital pharmacy shall maintain a list of the locations of each AUDS it operates and shall make the list available to the board upon request.
(j) An ADDS license is not required for technology, installed within the secured licensed premises area of a pharmacy, used in the selecting, counting, packaging, and labeling of dangerous drugs and dangerous devices.
(Added by Stats. 2018, Ch. 666, Sec. 9. (SB 1447) Effective January 1, 2019. Operative July 1, 2019, pursuant to Section 4427.8.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 9 - Pharmacy › ARTICLE 25 - Automated Drug Delivery System › Section 4427.3.

4427.3. (a) An ADDS shall be placed and operated inside an enclosed building, with a premises address, at a location approved by the board.
(b) An ADDS shall be placed and operated in one of the following locations:
(1) Adjacent to the secured pharmacy area of the pharmacy holding the ADDS license.
(2) A health facility licensed pursuant to Section 1250 of the Health and Safety Code that complies with Section 1261.6 of the Health and Safety Code.
(3) A clinic licensed pursuant to Section 1204 or 1204.1 of the Health and Safety Code, or Section 4180 or 4190 of this code.
(4) A correctional clinic licensed pursuant to Section 4187.1.
(5) If the ADDS is an APDS, in a location as provided in Section 4427.6.
(6) If the ADDS is an AUDS, in a location as provided in subdivision (a) of Section 4427.65.
(c) Prior to installation, the pharmacy holding the ADDS license and the location where the ADDS is placed pursuant to subdivision (b) shall jointly develop and implement written policies and procedures to ensure safety, accuracy, accountability, security, patient confidentiality, and maintenance of the ADDS, as well as quality, potency, and purity of the drugs and devices. These policies and procedures shall be maintained at the location of the ADDS and at the pharmacy holding the ADDS license.
(Amended by Stats. 2021, Ch. 629, Sec. 31. (AB 1533) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 9 - Pharmacy › ARTICLE 25 - Automated Drug Delivery System › Section 4427.4.

4427.4. (a) The ADDS shall be owned or leased by the pharmacy holding the license for the ADDS.
(b) Each ADDS shall only be operated under the supervision of the pharmacy holding the ADDS license.
(c) An ADDS shall be considered an extension and part of the pharmacy holding the ADDS license, regardless of the ADDS location, and shall be subject to inspection pursuant to Section 4008.
(d) Drugs and devices stored in an ADDS shall be deemed part of the inventory and the responsibility of the pharmacy holding the ADDS license, and drugs and devices dispensed from the ADDS shall be considered to have been dispensed by that pharmacy.
(e) (1) The stocking and restocking of an ADDS shall be performed by a pharmacist, or by a pharmacy technician or intern pharmacist under the supervision of a pharmacist, except for an ADDS located in a health facility licensed pursuant to Section 1250 of the Health and Safety Code, where the stocking and restocking of the ADDS may be performed in compliance with Section 1261.6 of the Health and Safety Code.
(2) Access to the ADDS shall be controlled and tracked using an identification or password system or biosensor.
(3) The ADDS shall make a complete and accurate record of all transactions that includes all users accessing the system and all drugs added to, or removed from, the system.
(f) If drugs or devices are not immediately transferred into an ADDS upon arrival at the ADDS location, the drugs and devices shall be stored for no longer than 48 hours in a secured room within the ADDS location approved by the board under Section 4427.3. Upon retrieval of these drugs and devices from secured storage, an inventory shall be taken to detect any losses or overages.
(Added by Stats. 2018, Ch. 666, Sec. 9. (SB 1447) Effective January 1, 2019. Operative July 1, 2019, pursuant to Section 4427.8.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 9 - Pharmacy › ARTICLE 25 - Automated Drug Delivery System › Section 4427.5.

4427.5. Prior to installation, and annually thereafter, the pharmacy holding the ADDS license shall provide training on the operation and use of the ADDS to pharmacy personnel and to personnel using the ADDS at the location where the ADDS is placed pursuant to subdivision (b) of Section 4427.3.
(Added by Stats. 2018, Ch. 666, Sec. 9. (SB 1447) Effective January 1, 2019. Operative July 1, 2019, pursuant to Section 4427.8.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 9 - Pharmacy › ARTICLE 25 - Automated Drug Delivery System › Section 4427.7.

4427.7. (a) A pharmacy holding an ADDS license shall complete a self-assessment, performed pursuant to Section 1715 of Title 16 of the California Code of Regulations, evaluating the pharmacy’s compliance with pharmacy law relating to the use of the ADDS. All information regarding operation, maintenance, compliance, error, omissions, or complaints pertaining to the ADDS shall be included in the self-assessment.
(b) The pharmacy shall comply with all recordkeeping and quality assurance requirements established in pharmacy law and regulation, and shall maintain those records within the licensed pharmacy holding the ADDS license and separate from other pharmacy records.
(Amended by Stats. 2021, Ch. 629, Sec. 33. (AB 1533) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 9 - Pharmacy › ARTICLE 25 - Automated Drug Delivery System › Section 4427.8.

4427.8. (a) This article shall become operative on July 1, 2019.
(b) On or before January 1, 2025, as part of the board’s sunset evaluation process, and notwithstanding Sections 9795 and 10231.5 of the Government Code, the board shall report to the appropriate committees of the Legislature on the regulation of ADDS units as provided in this article. At a minimum, this report shall require all of the following:
(1) The use and dispersion of ADDS throughout the health care system.
(2) The number of ADDS inspections conducted by the board each year and the findings from the inspections.
(3) Public safety concerns relating to the use of ADDS as identified by the board.
(Amended by Stats. 2023, Ch. 510, Sec. 55. (SB 887) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 9.5 - Audits of Pharmacy Benefits › Section 4431.

4431. (a) Nothing in this chapter shall apply to an audit conducted because a pharmacy benefit manager, carrier, health benefit plan sponsor, or other third-party payer has indications that support a reasonable suspicion that criminal wrongdoing, willful misrepresentation, fraud, or abuse has occurred.
(b) Nothing in this chapter shall apply to an audit conducted by, or at the direction of, the California State Board of Pharmacy, the State Department of Health Care Services, the State Department of Public Health, or the Medicare program.
(Added by Stats. 2012, Ch. 706, Sec. 1. (SB 1195) Effective January 1, 2013.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 9.5 - Audits of Pharmacy Benefits › Section 4432.

4432. Notwithstanding any other law, a contract that is issued, amended, or renewed on or after January 1, 2013, between a pharmacy and a carrier or a pharmacy benefit manager to provide pharmacy services to beneficiaries of a health benefit plan shall comply with the provisions of this chapter. This chapter shall not apply to contracts authorized by Section 4600.2 of the Labor Code.
(Amended by Stats. 2015, Ch. 74, Sec. 2. (AB 627) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 9.5 - Audits of Pharmacy Benefits › Section 4433.

4433. (a) An entity conducting a pharmacy audit shall not receive payment or any other consideration on any basis that is tied to the amount claimed or actual amount recovered from the pharmacy that is the subject of the audit. Nothing in this subdivision shall be construed to prevent the pharmacy benefit manager or health benefit plan from charging or assessing the plan sponsor, directly or indirectly, based on amounts recouped if both of the following conditions are met:
(1) The plan sponsor and the pharmacy benefit manager or health benefit plan have a contract that explicitly states the percentage charge or assessment to the plan sponsor.
(2) No commission or financial incentive is paid to an agent or employee of the entity conducting the pharmacy audit based, directly or indirectly, on amounts recouped.
(b) A pharmacy shall not be subject to recoupment of funds for a clerical or recordkeeping error, unless the error resulted in actual financial harm to the pharmacy benefit manager, the carrier, or the beneficiary of a health benefit plan.
(Added by Stats. 2012, Ch. 706, Sec. 1. (SB 1195) Effective January 1, 2013.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 9.5 - Audits of Pharmacy Benefits › Section 4434.

4434. (a) Except as otherwise prohibited by state or federal law, an entity conducting a pharmacy audit shall keep confidential any information collected during the course of the audit and shall not share any information with any person other than the carrier, pharmacy benefit manager, or third-party payer for which the audit is being performed. An entity conducting a pharmacy audit shall have access only to previous audit reports relating to a particular pharmacy conducted by or on behalf of the same entity. Nothing in this subdivision shall be construed to authorize access to information that is otherwise prohibited by law. Nothing in this subdivision shall be construed to prohibit any employer, trust fund, government agency, or any other entity for which the audit is being performed from disclosing its general opinions or conclusions regarding the business practices of the pharmacy based on the audit.
(b) An entity that is not a carrier or pharmacy benefit manager and that is conducting a pharmacy audit on behalf of a carrier or pharmacy benefit manager shall, prior to conducting the audit, notify the pharmacy in writing that the entity and the carrier or pharmacy benefit manager have executed a business associate agreement or other agreement as required under state and federal privacy laws.
(c) An entity conducting a pharmacy audit shall, prior to leaving a pharmacy at the end of an onsite portion of the audit, provide the pharmacist in charge with a complete list of records reviewed to allow the pharmacy to account for disclosures as required by state and federal privacy laws.
(Added by Stats. 2012, Ch. 706, Sec. 1. (SB 1195) Effective January 1, 2013.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 9.5 - Audits of Pharmacy Benefits › Section 4435.

4435. (a) An entity conducting an onsite pharmacy audit shall not initiate or schedule a pharmacy audit during the first five business days of any calendar month, unless it is expressly agreed to by the pharmacy being audited.
(b) An entity conducting an onsite pharmacy audit shall provide the pharmacy at least two weeks’ prior written notice before conducting an initial audit.
(Added by Stats. 2012, Ch. 706, Sec. 1. (SB 1195) Effective January 1, 2013.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 9.5 - Audits of Pharmacy Benefits › Section 4436.

4436. (a) A pharmacy audit that involves clinical judgment shall be conducted by, or in consultation with, a licensed pharmacist.
(b) An entity conducting a pharmacy audit shall make all determinations regarding the legal validity of a prescription or other record consistent with determinations made pursuant to Article 4 (commencing with Section 4070) of Chapter 9.
(c) Nothing in this section shall be construed to prohibit a pharmacy benefits manager from denying a claim, either in whole or in part, for failure to comply with federal Food and Drug Administration or manufacturer requirements, the prescription drug formulary, prior authorization requirements, days’ supply requirements, or other coverage or plan design requirement, or for failure to include a National Provider Identification number.
(d) An entity conducting a pharmacy audit shall accept paper or electronic signature logs that document the delivery of pharmacy services to a health plan beneficiary or his or her agent.
(Added by Stats. 2012, Ch. 706, Sec. 1. (SB 1195) Effective January 1, 2013.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 9.5 - Audits of Pharmacy Benefits › Section 4437.

4437. The time period covered by a pharmacy audit shall not exceed 24 months from the date that the claim was submitted to, or adjudicated by, the pharmacy benefits manager, unless a longer period is required under state or federal law or unless the originating prescription is required.
(Added by Stats. 2012, Ch. 706, Sec. 1. (SB 1195) Effective January 1, 2013.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 9.5 - Audits of Pharmacy Benefits › Section 4439.

4439. This chapter shall not be construed to suggest or imply that the Department of Consumer Affairs or the California State Board of Pharmacy has any jurisdiction or authority over the provisions of this chapter.
(Added by Stats. 2012, Ch. 706, Sec. 1. (SB 1195) Effective January 1, 2013.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 10 - Psychiatric Technicians › ARTICLE 1 - Generally › Section 4501.

4501. (a) As used in this chapter, “board” means the Board of Vocational Nursing and Psychiatric Technicians of the State of California.
(b) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
(Amended by Stats. 2021, Ch. 632, Sec. 33. (AB 1536) Effective January 1, 2022. Repealed as of January 1, 2025, by its own provisions.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 10 - Psychiatric Technicians › ARTICLE 1 - Generally › Section 4501.1.

4501.1. 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.
(Added by Stats. 2002, Ch. 107, Sec. 18. Effective January 1, 2003.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 10 - Psychiatric Technicians › ARTICLE 1 - Generally › Section 4501.2.

4501.2. 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.
(Added by Stats. 2017, Ch. 586, Sec. 12. (AB 1229) Effective January 1, 2018.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 10 - Psychiatric Technicians › ARTICLE 1 - Generally › Section 4502.

4502. 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) 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) 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.
(Amended by Stats. 2021, Ch. 632, Sec. 34. (AB 1536) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 10 - Psychiatric Technicians › ARTICLE 1 - Generally › Section 4502.1.

4502.1. 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.
(Amended by Stats. 2021, Ch. 632, Sec. 35. (AB 1536) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 10 - Psychiatric Technicians › ARTICLE 1 - Generally › Section 4502.2.

4502.2. 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.
(Amended by Stats. 2021, Ch. 632, Sec. 36. (AB 1536) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 10 - Psychiatric Technicians › ARTICLE 1 - Generally › Section 4502.3.

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) Tuberculin, coccidioidin, and histoplasmin skin tests, providing the administration is within the course of a tuberculosis control program.
(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) In performing activities pursuant to subdivision (a), the psychiatric technician shall satisfactorily demonstrate competence in all of the following:
(1) Administering the testing or immunization agents, including knowledge of all indications and contraindications for the administration of the agents.
(2) Recognizing any emergency reactions to the agent that constitute a danger to the health or life of the patient.
(3) Treating those emergency reactions by using procedures, medication, and equipment within the scope of practice of the psychiatric technician.
(Amended by Stats. 2021, Ch. 632, Sec. 37. (AB 1536) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 10 - Psychiatric Technicians › ARTICLE 1 - Generally › Section 4503.

4503. (a) The board shall administer and enforce the provisions of this chapter.
(b) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
(Amended by Stats. 2021, Ch. 632, Sec. 38. (AB 1536) Effective January 1, 2022. Repealed as of January 1, 2025, by its own provisions.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 10 - Psychiatric Technicians › ARTICLE 1 - Generally › Section 4503.1.

4503.1. 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.
(Added by Stats. 2017, Ch. 586, Sec. 14. (AB 1229) Effective January 1, 2018.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 10 - Psychiatric Technicians › ARTICLE 1 - Generally › Section 4504.

4504. (a) The board shall prosecute all persons guilty of violating the provisions of this chapter.
(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) 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).
(Amended by Stats. 2021, Ch. 632, Sec. 39. (AB 1536) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 10 - Psychiatric Technicians › ARTICLE 1 - Generally › Section 4505.

4505. Except as provided by Section 159.5, the board may employ whatever personnel is necessary for the administration of this chapter.
(Amended by Stats. 1983, Ch. 376, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 10 - Psychiatric Technicians › ARTICLE 1 - Generally › Section 4507.

4507. This chapter shall not apply to the following:
(a) Physicians and surgeons licensed pursuant to Chapter 5 (commencing with Section 2000) of Division 2.
(b) Psychologists licensed pursuant to Chapter 6.6 (commencing with Section 2900) of Division 2.
(c) Registered nurses licensed pursuant to Chapter 6 (commencing with Section 2700) of Division 2.
(d) Vocational nurses licensed pursuant to Chapter 6.5 (commencing with Section 2840) of Division 2.
(e) Social workers or clinical social workers licensed pursuant to Chapter 14 (commencing with Section 4991) of Division 2.
(f) Marriage and family therapists licensed pursuant to Chapter 13 (commencing with Section 4980) of Division 2.
(g) Professional clinical counselors licensed pursuant to Chapter 16 (commencing with Section 4999.10) of Division 2.
(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) Occupational therapists as specified in Chapter 5.6 (commencing with Section 2570) of Division 2.
(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) 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.
(Amended by Stats. 2018, Ch. 389, Sec. 3. (AB 2296) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 10 - Psychiatric Technicians › ARTICLE 1 - Generally › Section 4508.

4508. 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.
(Added by Stats. 1968, Ch. 1323.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 10 - Psychiatric Technicians › ARTICLE 1 - Generally › Section 4509.5.

4509.5. 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.
(Added by Stats. 1969, Ch. 1073.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 10 - Psychiatric Technicians › ARTICLE 2 - Licensure › Section 4510.

4510. (a) The board shall issue a psychiatric technician’s license to each applicant who qualifies and, if required to take it, successfully passes the examination given pursuant to this chapter. The board shall also issue a psychiatric technician’s license to each holder of a psychiatric technician license who qualifies for renewal pursuant to this chapter and who applies for renewal.
(b) After the applicant passes the examination and upon receipt by the board of the initial license fee required by subdivision (h) of Section 4548, the board may issue a receipt or temporary certificate that shall serve as a valid permit for the licensee to practice under this chapter.
(Amended by Stats. 2021, Ch. 632, Sec. 40. (AB 1536) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 10 - Psychiatric Technicians › ARTICLE 2 - Licensure › Section 4510.1.

4510.1. An applicant for license by examination shall submit a written application in the form prescribed by the board. Provided that the application for licensure is received by the board no later than four months after completion of a board approved psychiatric technician program and approval of the application, the board may issue an interim permit authorizing the applicant to practice all skills included in the permittee’s basic course of study, pending the results of the first licensing examination, or for a period of nine months, whichever occurs first.
A permittee shall function under the supervision of a licensed psychiatric technician or a registered nurse, who shall be present and available on the premises during the time the permittee is rendering professional services. The permittee may perform any function taught in the permittee’s basic psychiatric technician program.
If the applicant passes the examination, the interim permit shall remain in effect until an initial license is issued by the board or for a maximum period of six months after passing the examination, whichever occurs first. If the applicant fails the examination, the interim permit shall terminate upon notice by certified mail, return receipt requested, or if the applicant fails to receive the notice, upon the date specified in the interim permit, whichever occurs first. An interim permittee shall not use any title or designation other than psychiatric technician interim permittee or “P.T.I.P.”
(Amended by Stats. 2011, Ch. 338, Sec. 17. (SB 539) Effective January 1, 2012.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 10 - Psychiatric Technicians › ARTICLE 2 - Licensure › Section 4510.2.

4510.2. (a) Applicants and licensees shall provide the board a physical mailing address.
(b) Applicants and licensees shall provide the board an electronic mail address no later than July 1, 2022. Unless an applicant specifies in writing a preference for regular mail, the board shall direct all license-related correspondence to applicants and licensees using the electronic mail address on file, including, but not limited to, renewal notices and deficiency notices.
(c) The board may annually send an electronic notice to applicants and licensees to confirm their electronic mail address is current.
(Added by Stats. 2021, Ch. 632, Sec. 41. (AB 1536) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 10 - Psychiatric Technicians › ARTICLE 2 - Licensure › Section 4511.

4511. An applicant for a psychiatric technician’s license shall have the following qualifications:
(a) Be at least 18 years of age.
(b) Have successfully completed an approved general education course of study through the 12th grade or the equivalent thereof as determined by the board.
(c) Have successfully completed (1) a prescribed course of study and training in a school approved by the board, which course of study and training shall combine the nursing knowledge and skills necessary for the care of any ill person and in addition those special skills necessary for the care of the mentally disabled and the developmentally disabled, or (2) a course of study and training which, together with previously acquired training or experience, is determined by a school approved by the board to be equivalent in academic credits to its regular program for psychiatric technician training, or (3) have completed a course of study and training which in the opinion of the board is equivalent to the minimum requirements of an approved program for psychiatric technicians in the state. Clinical inpatient experience shall be an integral part of any such prescribed or equivalent course of study and training.
(d) Have committed no act which, if committed by a licensed psychiatric technician, would be grounds for disciplinary action.
(Amended by Stats. 2011, Ch. 338, Sec. 18. (SB 539) Effective January 1, 2012.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 10 - Psychiatric Technicians › ARTICLE 2 - Licensure › Section 4511.2.

4511.2. The board shall deny the application for approval made by, and shall revoke the approval given to, any psychiatric technician school that does not give to student applicants credit, in the fields of nursing and psychiatric technician practice, for previous education and the opportunity to obtain credit for other acquired knowledge by the use of challenge examinations or other methods of evaluation.
The board shall prescribe, by regulation, the education for which credit is to be given and the amount of credit that is to be given for each type of education, including the amount of credit to be given to a psychiatric technician assistant, a certified nurse assistant, a nurse assistant who has provided direct nursing services in health facilities, and an applicant who has successfully completed equivalent courses offered by a secondary school that is accredited by the State Department of Education in any state or by a nationally recognized, regional accrediting body. These courses shall be assessed for equivalency by the psychiatric technician school.
(Amended by Stats. 2011, Ch. 338, Sec. 19. (SB 539) Effective January 1, 2012.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 10 - Psychiatric Technicians › ARTICLE 2 - Licensure › Section 4512.

4512. An applicant for a psychiatric technician’s license shall, upon the filing of the application, pay to the board the application fee prescribed by this chapter.
(Amended by Stats. 2021, Ch. 632, Sec. 42. (AB 1536) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 10 - Psychiatric Technicians › ARTICLE 2 - Licensure › Section 4513.

4513. Unless otherwise provided in this chapter, every applicant for a psychiatric technician’s license shall be examined by the board. The examination shall be held at least once a year and at the times and places determined by the board.
(Amended by Stats. 1968, Ch. 1323.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 10 - Psychiatric Technicians › ARTICLE 2 - Licensure › Section 4515.

4515. Upon written application and receipt of the required application fee the board may issue a license to any applicant who possesses a valid unrevoked license or certificate as a psychiatric technician issued by any other state or a foreign country, and who in the opinion of the board has the qualifications set forth in Section 4511.
(Amended by Stats. 1968, Ch. 1323.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 10 - Psychiatric Technicians › ARTICLE 2 - Licensure › Section 4516.

4516. Every person licensed under this chapter may be known as a licensed psychiatric technician and may place the letters P.T. after the licensee’s name.
(Amended by Stats. 2021, Ch. 632, Sec. 43. (AB 1536) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 10 - Psychiatric Technicians › ARTICLE 2 - Licensure › Section 4517.

4517. The board may, in its discretion, provide for a continuing education program in connection with the professional functions and courses described in this chapter. The number of course hours that the board may require in a continuing education program shall not exceed the number of course hours prescribed for licensed vocational nurses pursuant to Section 2892.5.
(Added by Stats. 1988, Ch. 1078, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 10 - Psychiatric Technicians › ARTICLE 2 - Licensure › Section 4518.

4518. In the event the board adopts a continuing education or blood withdrawal program, the board shall collect an initial approval and a biennial renewal fee as prescribed under Sections 4548 and 4518.1 from any provider of a course in continuing education or blood withdrawal who requests approval by the board of the course for purposes of continuing education or blood withdrawal requirements adopted by the board. The fee, however, shall in no event exceed the cost required for the board to administer the approval of continuing education or blood withdrawal courses by continuing education or blood withdrawal providers.
(Amended by Stats. 2018, Ch. 571, Sec. 20. (SB 1480) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 10 - Psychiatric Technicians › ARTICLE 2 - Licensure › Section 4518.1.

4518.1. The board shall collect an initial approval and a biennial renewal fee in the amount of one hundred fifty dollars ($150) unless a higher fee, not to exceed two hundred fifty dollars ($250), is established by the board, from any provider of continuing education or a course to meet the certification requirements for blood withdrawal who requests approval by the board of the course for purposes of continuing education or blood withdrawal requirements under this chapter. That fee, however, shall not exceed the regulatory cost required for the board to administer the approval of continuing education or blood withdrawal by continuing education or blood withdrawal providers.
(Added by Stats. 2018, Ch. 571, Sec. 21. (SB 1480) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 10 - Psychiatric Technicians › ARTICLE 2 - Licensure › Section 4519.

4519. (a) In the case of a person who is employed by the state as a psychiatric technician, no state funds shall be expended in releasing the person from duty to attend continuing education courses, other than funds for in-service training and related state-provided programs.
(b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that, if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.
(Amended by Stats. 2000, Ch. 208, Sec. 1. Effective January 1, 2001.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 10 - Psychiatric Technicians › ARTICLE 3 - Disciplinary Proceedings › Section 4520.

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.
(Amended by Stats. 1968, Ch. 1323.)