reglab/statecodes huggingface dataset:
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 25 - Board of Vocational Nurse and Psychiatric Technician Examiners of the State of California › Chapter 2 - Psychiatric Technicians › Article 4 - Licenses › Section 2576 - Renewal of License. Eligibility for Renewal After License Has Expired

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any person who has been issued an equivalent license in
					 another state during the period since the expiration of a license in
					 California, or can otherwise establish to the satisfaction of the Board, that
					 they are qualified to engage in practice as a licensed psychiatric technician,
					 shall be exempted from such examination requirements.
1. New
					 section filed 12-28-61; effective thirtieth day thereafter (Register 61, No.
					 26).
2. Amendment filed 12-13-68; effective thirtieth day thereafter
					 (Register 68, No. 47).
3. Amendment filed 11-16-83; effective upon
					 filing pursuant to Government Code Section
					 11346.2(d)
					 (Register 83, No. 47).
Note: Authority cited: Section
						4504,
						Business and Professions Code. Reference: Sections
						4515
						and
						4545,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 25 - Board of Vocational Nurse and Psychiatric Technician Examiners of the State of California › Chapter 2 - Psychiatric Technicians › Article 4 - Licenses › Section 2576.5 - Scope of Psychiatric Technician Practice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The licensed psychiatric technician performs services
					 requiring technical and manual skills which include the following:
(a) Uses and practices basic assessment (data
				  collection), participates in planning, executes interventions in accordance
				  with the care plan or treatment plan, and contributes to evaluation of
				  individualized interventions related to the care plan or treatment
				  plan.
(b) Provides direct
				  patient/client care by which the licensee:
(1)
				  Performs basic nursing services as defined in subdivision (a);
(2) Administers medications;
(3) Applies communication skills for the
				  purpose of patient/client care and education; and
(4) Contributes to the development and
				  implementation of a teaching plan related to self-care for the
				  patient/client.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 25 - Board of Vocational Nurse and Psychiatric Technician Examiners of the State of California › Chapter 2 - Psychiatric Technicians › Article 4 - Licenses › Section 2576.6 - Performance Standards

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  A licensed psychiatric technician shall safeguard patients'/clients' health and
				  safety by actions that include but are not limited to the following:
(1) Reporting to the Board acts specified in
				  Section
				  4521
				  of the Business and Professions Code;
(2) Documenting patient/client care in
				  accordance with standards of the profession; and
(3) Performing services in accordance with
				  Section
				  125.6
				  of the Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 25 - Board of Vocational Nurse and Psychiatric Technician Examiners of the State of California › Chapter 2 - Psychiatric Technicians › Article 4 - Licenses › Section 2576.7 - Private Duty Patient Care

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Private duty patient care is care provided to patients with
					 mental disorders or developmental disabilities and may be performed in any
					 setting, including, but not limited to, acute care, long term care, or the
					 patient's home. For purposes of licensure equivalency eligibility, the Board
					 will accept only private duty patient care that has occurred in acute or long
					 term care facilities. Private duty patient care is contracted directly between
					 the psychiatric technician (PT) and patient or entity acting on the patient's
					 behalf. A PT must provide private duty patient care under the direction of a
					 registered nurse who directs nursing care, the patient's physician who directs
					 medical care, or be responsible to the director of the service in which the
					 duties are performed. The director may be a licensed physician and surgeon,
					 psychiatrist, psychologist, rehabilitation therapist, social worker, registered
					 nurse, or other professional personnel. The registered nurse, physician or
					 director of the service must be responsible for direction to the private duty
					 PT regarding the respective nursing and medical procedures. The direction
					 provided must be available at least by telephone.
1. New
					 section filed 5-4-2007; operative 6-3-2007 (Register 2007, No.
					 18).
Note: Authority cited: Section
						4504,
						Business and Professions Code. Reference: Section
						4502,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 25 - Board of Vocational Nurse and Psychiatric Technician Examiners of the State of California › Chapter 2 - Psychiatric Technicians › Article 4 - Licenses › Section 2576.8 - Unprofessional Conduct

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to the conduct described in Section
					 4521(a) of the
					 Code, "unprofessional conduct" also includes, but is not limited to, the
					 following:
(a) Including or permitting
				  to be included any of the following provisions in an agreement to settle a
				  civil dispute arising from the licensee's practice, whether the agreement is
				  made before or after the filing of an action:
(1) A provision that prohibits another party
				  to the dispute from contacting, cooperating, or filing a complaint with the
				  board.
(2) A provision that
				  requires another party to the dispute to attempt to withdraw a complaint the
				  party has filed with the board.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 25 - Board of Vocational Nurse and Psychiatric Technician Examiners of the State of California › Chapter 2 - Psychiatric Technicians › Article 4 - Licenses › Section 2577 - Gross Negligence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As set forth in Section
					 4521 of the code, gross negligence
					 is deemed unprofessional conduct and is grounds for disciplinary action. As
					 used in Section
					 4521"gross negligence" means a
					 substantial departure from the standard of care which, under similar
					 circumstances, would have ordinarily been exercised by a competent licensed
					 psychiatric technician, and which has or could have resulted in harm to the
					 consumer. An exercise of so slight a degree of care as to justify the belief
					 that there was a conscious disregard or indifference for the health, safety, or
					 welfare of the consumer shall be considered a substantial departure from the
					 above standard care.
1. New
					 section filed 11-16-83; effective upon filing pursuant to Government Code
					 Section
					 11346.2(d)
					 (Register 83, No. 47).
Note: Authority cited: Section
						4504,
						Business and Professions Code. Reference: Section
						4521,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 25 - Board of Vocational Nurse and Psychiatric Technician Examiners of the State of California › Chapter 2 - Psychiatric Technicians › Article 4 - Licenses › Section 2577.1 - Incompetence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As set forth in Section
					 4521 of the code, incompetence is
					 deemed unprofessional conduct and is grounds for disciplinary action. As used
					 in Section
					 4521, "incompetence" means the
					 lack of possession of and the failure to exercise that degree of learning,
					 skill, care and experience ordinarily possessed and exercised by responsible
					 licensed psychiatric technicians.
1. New
					 section filed 11-16-83; effective upon filing pursuant to Government Code
					 Section
					 11346.2(d)
					 (Register 83, No. 47).
Note: Authority cited: Section
						4504,
						Business and Professions Code. Reference: Section
						4521,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 25 - Board of Vocational Nurse and Psychiatric Technician Examiners of the State of California › Chapter 2 - Psychiatric Technicians › Article 4 - Licenses › Section 2577.2 - Child Abuse Reporting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Pursuant to Penal Code Section
					 11166,
					 psychiatric technicians are mandated to report known or suspected child abuse
					 cases to a child protective agency. Failure to make a child abuse report as
					 required shall constitute unprofessional conduct within the meaning of Business
					 and Professions Code Section
					 4521(a).
1. New
					 section filed 4-8-86; effective thirtieth day thereafter (Register 86, No.
					 15).
Note: Authority cited: Section
						4504,
						Business and Professions Code. Reference: Section
						4521(a),
						Business and Professions Code; and Section
						11166, Penal
						Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 25 - Board of Vocational Nurse and Psychiatric Technician Examiners of the State of California › Chapter 2 - Psychiatric Technicians › Article 4 - Licenses › Section 2577.3 - Elder Abuse Reporting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Pursuant to Welfare and Institutions Code Section
					 9381,
					 psychiatric technicians are mandated to report any known or suspected instance
					 of elder physical abuse to an elder protective agency. Failure to make an elder
					 physical abuse report as required shall constitute unprofessional conduct
					 within the meaning of Business and Professions Code Section
					 4521(a).
1. New
					 section filed 4-8-86; effective thirtieth day thereafter (Register 86, No.
					 15).
Note: Authority cited: Section
						4504,
						Business and Professions Code. Reference: Section
						4521(a),
						Business and Professions Code; and Section
						9381,
						Welfare and Institutions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 25 - Board of Vocational Nurse and Psychiatric Technician Examiners of the State of California › Chapter 2 - Psychiatric Technicians › Article 4 - Licenses › Section 2577.4 - Dependent Adult Abuse Reporting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Pursuant to Welfare and Institutions Code Section
					 15630(a),
					 psychiatric technicians are mandated to report any known or suspected instance
					 of dependent adult physical abuse to an adult protective agency. Failure to
					 make a dependent adult physical abuse report as required shall constitute
					 unprofessional conduct within the meaning of Business and Professions Code
					 Section
					 4521(a).
1. New
					 section filed 2-4-87; effective thirtieth day thereafter (Register 87, No.
					 6).
Note: Authority cited: Section
						4504,
						Business and Professions Code. Reference: Section
						4521(a),
						Business and Professions Code; and Section
						15630(a),
						Welfare and Institutions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 25 - Board of Vocational Nurse and Psychiatric Technician Examiners of the State of California › Chapter 2 - Psychiatric Technicians › Article 4 - Licenses › Section 2577.5 - Licensee Mandatory Reporting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A psychiatric technician shall report, in writing, to the
					 Board the commission of any act by another person that is prohibited by
					 Business and Professions Code Sections
					 4521
					 and
					 4521.2.
					 The report shall be made to the Board within 30 calendar days from the date the
					 licensee knows that a violation occurred. Failure to make a report to the Board
					 as required by this section shall constitute unprofessional conduct within the
					 meaning of Business and Professions Code Section
					 4521.
1. New
					 section filed 9-11-2007; operative 10-11-2007 (Register 2007, No.
					 37).
Note: Authority cited: Section
						4504,
						Business and Professions Code. Reference: Sections
						101.6,
						108,
						4502,
						4503,
						4520,
						4521
						and
						4521.2(a),
						Business and Professions Code; Section
						11166, Penal
						Code; and Section
						15630(a),
						Welfare and Institutions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 25 - Board of Vocational Nurse and Psychiatric Technician Examiners of the State of California › Chapter 2 - Psychiatric Technicians › Article 4 - Licenses › Section 2577.6 - Employer Mandatory Reporting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Employers of psychiatric technicians
				  shall report, in writing, to the Board the rejection from assignment,
				  suspension, termination, or resignation for cause (as defined in Business and
				  Professions Code Section
				  4521.2(d))
				  of any psychiatric technician in its employ. The resignation for cause
				  provision only applies to a psychiatric technician's resignation submitted in
				  lieu of receiving a rejection from assignment, suspension, or termination for
				  cause (as defined in Business and Professions Code Section
				  4521.2
				  (d)). An employment agency or nursing
				  registry shall report to the Board the rejection from assignment of a
				  psychiatric technician by a health facility or home health care provider due to
				  acts that would be cause for suspension or termination (as defined in Business
				  and Professions Code Section
				  4521.2
				  (d)). The report shall be made within 30
				  calendar days from the effective date of the suspension, termination, or
				  resignation for cause, or, where a licensee was rejected from assignment,
				  within 30 calendar days from the date the health facility or home health care
				  provider first notified the employment agency or nursing registry of the
				  rejection. Failure to make a report to the Board as required by this section
				  shall constitute a violation of Business and Professions Code Section
				  4521.2.
(b) For purposes of this section, "employer"
				  also includes employment agencies and nursing registries.
1. New
					 section filed 9-11-2007; operative 10-11-2007 (Register 2007, No.
					 37).
2. Amendment filed 9-17-2013; operative 1-1-2014 (Register
					 2013, No. 38).
Note: Authority cited: Section
						4504,
						Business and Professions Code. Reference: Sections
						101.6,
						108,
						4502,
						4503,
						4520,
						4521
						and
						4521.2(b),
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 25 - Board of Vocational Nurse and Psychiatric Technician Examiners of the State of California › Chapter 2 - Psychiatric Technicians › Article 4 - Licenses › Section 2578 - Substantial Relationship Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For the purposes of denial, suspension,
				  or revocation of a license pursuant to Section
				  141 or Division 1.5 (commencing
				  with Section
				  475), or Section
				  4521
				  of the Business and Professions Code, a crime, professional misconduct, or act
				  shall be considered to be substantially related to the qualifications,
				  functions or duties of a licensed psychiatric technician if to a substantial
				  degree it evidences present or potential unfitness of a licensed psychiatric
				  technician to perform the functions authorized by the license in a manner
				  consistent with the public health, safety, or welfare.
(b) In making the substantial relationship
				  determination required under subsection (a) for a crime, the Board shall
				  consider the following criteria:
(1) The
				  nature and gravity of the offense.
(2) The number of years elapsed since the
				  date of the offense.
(3) The nature
				  and duties of a psychiatric technician.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 25 - Board of Vocational Nurse and Psychiatric Technician Examiners of the State of California › Chapter 2 - Psychiatric Technicians › Article 4 - Licenses › Section 2579 - Rehabilitation Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  When considering the denial of a license under Section
				  480
				  of the Business and Professions Code, the suspension or revocation of a license
				  on the grounds that a licensee has been convicted of a crime, or a petition for
				  reinstatement of a license under Section
				  4524
				  of the Business and Professions Code, the Board shall consider whether the
				  applicant or licensee made a showing of rehabilitation if the applicant or
				  licensee completed the criminal sentence at issue without a violation of parole
				  or probation. In making this determination, the Board shall consider the
				  following criteria:
(1) The nature and
				  gravity of the crime(s).
(2) The
				  length(s) of the applicable parole or probation period(s).
(3) The extent to which the applicable parole
				  or probation period was shortened or lengthened, and the reason(s) the period
				  was modified.
(4) The terms or
				  conditions of parole or probation and the extent to which they bear on the
				  applicant or licensee's rehabilitation.
(5) The extent to which the terms or
				  conditions of parole or probation were modified, and the reason(s) for
				  modification.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 25 - Board of Vocational Nurse and Psychiatric Technician Examiners of the State of California › Chapter 2 - Psychiatric Technicians › Article 4 - Licenses › Section 2579.1 - Rehabilitation Criteria for Suspensions or Revocations. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect renumbering former section
					 2579.5 to section
					 2579.1 filed 6-7-95 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 95, No. 23).
2. Repealer filed 9-29-2008;
					 operative 10-29-2008 (Register 2008, No. 40).
Note: Authority cited: Section
						4504,
						Business and Professions Code. Reference: Sections
						475,
						480,
						490,
						4520,
						4521
						and
						4523,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 25 - Board of Vocational Nurse and Psychiatric Technician Examiners of the State of California › Chapter 2 - Psychiatric Technicians › Article 4 - Licenses › Section 2579.2 - Citations and Fines-Content and Service

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The executive officer of the Board or
				  his/her designee, in lieu of filing an accusation against any licensee, may
				  issue a citation which may contain an administrative fine and/or order of
				  abatement against that licensee for any violation of law which would be grounds
				  for discipline or of any regulation adopted by the Board pursuant
				  thereto.
(b) The executive officer
				  of the Board or his or her designee may issue a citation which may contain an
				  administrative fine against any employer of a psychiatric technician who fails
				  to report a suspension or termination for cause of that licensee as specified
				  in Section
				  4521.2
				  of the Business and Professions Code. For purposes of this article, "cited
				  person" includes a cited employer.
(c) Each citation shall be in writing, shall
				  indicate the classification of the citation, and shall describe with
				  particularity the nature and facts of each violation specified in the citation,
				  including a reference to the statute or regulation alleged to have been
				  violated.
(d) For licensee
				  citations, the citation may contain an assessment of an administrative fine, an
				  order of abatement fixing a reasonable time for abatement of the violation or
				  both.
(e) The citation shall inform
				  the cited person of the right to an informal conference concerning the matter
				  and of the right to an administrative hearing.
(f) The citation shall be served upon the
				  cited person personally or by certified and regular mail.
1. New
					 section filed 7-27-95; operative 8-26-95 (Register 95, No. 30).
2.
					 Amendment of subsection (a), new subsection (b), subsection relettering,
					 amendment of newly designated subsection (d) and amendment of NOTE filed
					 9-11-2007; operative 10-11-2007 (Register 2007, No.
					 37).
Note: Authority cited: Sections
						125.9,
						148
						and
						4504,
						Business and Professions Code. Reference: Sections
						125.9,
						148,
						4521
						and
						4521.2,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 25 - Board of Vocational Nurse and Psychiatric Technician Examiners of the State of California › Chapter 2 - Psychiatric Technicians › Article 4 - Licenses › Section 2579.3 - Exceptions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 7-27-95; operative 8-26-95 (Register 95, No. 30).
2.
					 Repealer filed 9-11-2007; operative 10-11-2007 (Register 2007, No.
					 37).
Note: Authority cited: Sections
						125.9,
						148
						and
						4504,
						Business and Professions Code. Reference: Sections
						125.9
						and
						148,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 25 - Board of Vocational Nurse and Psychiatric Technician Examiners of the State of California › Chapter 2 - Psychiatric Technicians › Article 4 - Licenses › Section 2579.4 - Violation Classifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) There shall be three classes of
				  violations:
(1) Class "A";
(2) Class "B"; and
(3) Class "C."
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 25 - Board of Vocational Nurse and Psychiatric Technician Examiners of the State of California › Chapter 2 - Psychiatric Technicians › Article 4 - Licenses › Section 2579.5 - Citations for Unlicensed Practice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The executive officer of the board or his/her designee may
					 issue citations, in accordance with Section
					 148 of the Code, against any
					 person (as defined in section
					 302 of the Code) who is performing
					 or who has performed services for which licensure is required under the
					 Psychiatric Technician Law or regulations adopted pursuant thereto. Each
					 citation issued under this section shall contain an order of abatement. The
					 sanction authorized under this section shall be separate from and in addition
					 to any other civil or criminal remedies.
1. New
					 section filed 4-10-75; effective thirtieth day thereafter (Register 75, No.
					 15).
2. Editorial correction (Register 84, No. 2).
3.
					 Change without regulatory effect renumbering former section
					 2579.5 to section
					 2579.1 filed 6-7-95 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 95, No. 23).
4. New section filed 7-27-95;
					 operative 8-26-95 (Register 95, No. 30).
5. Change without
					 regulatory effect amending section filed 1-14-98 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 98, No. 3).
Note: Authority cited: Sections
						125.9,
						148
						and
						4504,
						Business and Professions Code. Reference: Sections
						125.9
						and
						148,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 25 - Board of Vocational Nurse and Psychiatric Technician Examiners of the State of California › Chapter 2 - Psychiatric Technicians › Article 4 - Licenses › Section 2579.6 - Criteria to be Considered in Assessing a Fine

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In any citation which includes a fine, the following
					 factors shall be considered in determining the amount of the fine to be
					 assessed:
(a) Gravity of the
				  violation.
(b) History of previous
				  violations of the same or a similar nature.
(c) The good or bad faith exhibited by the
				  cited person.
(d) Evidence that the
				  violation was willful.
(e) The
				  extent to which the cited person cooperated with the board's
				  investigation.
(f) The extent to
				  which the cited person has remediated any knowledge and/or skills deficiencies
				  which could have injured a patient.
(g) Any other mitigating or aggravating
				  factors.
1. New
					 section filed 7-27-95; operative 8-26-95 (Register 95, No.
					 30).
Note: Authority cited: Sections
						125.9,
						148
						and
						4504,
						Business and Professions Code. Reference: Sections
						125.9
						and
						148,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 25 - Board of Vocational Nurse and Psychiatric Technician Examiners of the State of California › Chapter 2 - Psychiatric Technicians › Article 4 - Licenses › Section 2579.7 - Contested Citations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The cited person may, within 14 calendar days after service of the citation,
				  submit a written request for an informal citation review with the executive
				  officer or his/her designee.
(b)
				  The executive officer or his/her designee shall, within 30 calendar days from
				  receipt of the written request, hold an informal conference with the cited
				  person and his/her legal counsel or authorized representative, if
				  desired.
(c) The executive officer
				  or his/her designee may affirm, modify or dismiss the citation, including any
				  fine or order of abatement, at the conclusion of the informal conference. A
				  written decision stating the reasons for the decision shall be mailed to the
				  cited person and his/her legal counsel, if any, within 14 calendar days from
				  the date of the informal conference.
(d) If the citation is dismissed during the
				  informal conference, any request for an administrative hearing shall be deemed
				  withdrawn. If the citation is affirmed or modified, the cited person may
				  request an administrative hearing within 30 days of the date of issuance of the
				  written informal conference decision. The request for an administrative hearing
				  shall be in writing.
(e) The
				  failure of a cited person to appear for a scheduled informal citation review
				  conference shall be deemed a withdrawal of any request for an administrative
				  hearing if the Board sends written notice to the cited person of that
				  consequence and the cited person does not inform the Board otherwise, in
				  writing, within 10 calendar days of the notice.
(f) In addition to the appeal rights in
				  subsections (a) through (e) above, the cited person may request an
				  administrative hearing provided for in subdivision (b)(4) of Section
				  125.9 of the Code within 30 days
				  of the date of issuance of the citation or assessment.
1. New
					 section filed 7-27-95; operative 8-26-95 (Register 95, No. 30).
2.
					 Amendment of section and NOTE filed 9-11-2007; operative 10-11-2007 (Register
					 2007, No. 37).
Note: Authority cited: Sections
						125.9,
						148
						and
						4504,
						Business and Professions Code. Reference: Sections
						125.9,
						148,
						4521
						and
						4521.2,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 25 - Board of Vocational Nurse and Psychiatric Technician Examiners of the State of California › Chapter 2 - Psychiatric Technicians › Article 4 - Licenses › Section 2579.8 - Compliance with Citation/Order of Abatement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Orders of abatement may be extended for
				  good cause. If a cited person who has been issued an order of abatement is
				  unable to complete the correction within the time set forth in the citation
				  because of conditions beyond his/her control after the exercise of reasonable
				  diligence, then he/she may request from the executive officer or his/her
				  designee an extension of time within which to complete the correction. Such a
				  request shall be in writing and shall be made within the time set forth for the
				  abatement.
(b) If a citation is not
				  contested, or if the order is appealed and the cited person does not prevail,
				  failure to abate the violation or to pay the assessed fine within the time
				  allowed shall constitute a violation and a failure to comply with the citation
				  or order of abatement.
(c) Failure
				  to timely comply with an order of abatement or pay an assessed fine may result
				  in further action being taken by the Board, which may include discipline
				  against a licensee or other appropriate judicial relief being taken against the
				  person cited.
(d) If a fine issued
				  to a licensee is not paid after a citation has become final, the fine shall be
				  added to the cited person's license renewal fee. A license shall not be renewed
				  without payment of the renewal fee and fine.
1. New
					 section filed 7-27-95; operative 8-26-95 (Register 95, No. 30).
2.
					 Amendment of section and NOTE filed 9-11-2007; operative 10-11-2007 (Register
					 2007, No. 37).
Note: Authority cited: Sections
						125.9,
						148
						and
						4504,
						Business and Professions Code. Reference: Sections
						125.9,
						148,
						4521
						and
						4521.2,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 25 - Board of Vocational Nurse and Psychiatric Technician Examiners of the State of California › Chapter 2 - Psychiatric Technicians › Article 4 - Licenses › Section 2579.9 - Notification to Other Boards and Agencies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The issuance and disposition of a citation shall be
					 reported to other regulatory agencies.
1. New
					 section filed 7-27-95; operative 8-26-95 (Register 95, No.
					 30).
Note: Authority cited: Sections
						125.9,
						148
						and
						4520,
						Business and Professions Code. Reference: Sections
						125.9
						and
						148,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 25 - Board of Vocational Nurse and Psychiatric Technician Examiners of the State of California › Chapter 2 - Psychiatric Technicians › Article 4 - Licenses › Section 2579.10 - Disciplinary Guidelines and Uniform Standards Related to Substance Abuse

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In reaching a decision on a disciplinary action under the
					 Administrative Procedure Act (Government Code Section
					 11400 et
					 seq.) the Board shall utilize the disciplinary guidelines entitled
					 "Disciplinary Guidelines and Uniform Standards Related to Substance Abuse"
					 (Rev. 6/20/11), which are hereby incorporated by reference. The Disciplinary
					 Guidelines apply to all disciplinary matters; the Uniform Standards apply to a
					 substance abusing licensee.
(a)
				  Subject to subsection (b), deviation from the Disciplinary Guidelines,
				  including the standard conditions of probation, is appropriate where the Board,
				  in its sole discretion, determines that the facts of the particular case
				  warrant such a deviation -- for example: the presence of mitigating or
				  aggravating factors; the age of the case; evidentiary problems.
(b) If the conduct found to be a violation
				  involves the use of drugs and/or alcohol, the licensee shall be presumed to be
				  a substance abusing licensee for purposes of Section
				  315
				  of the Business and Professions Code. If the licensee does not rebut that
				  presumption, then the Uniform Standards for a substance abusing licensee shall
				  apply.
(c) Notwithstanding the
				  Disciplinary Guidelines, any proposed decision issued in accordance with the
				  procedures set forth in Chapter 5 (commencing with Section
				  11500) of Part 1 of Division 3 of
				  Title 2 of the Government Code that contains any finding of fact that the
				  licensee engaged in any act of sexual contact as defined in subdivision (c) of
				  section
				  729
				  of the Business and Professions Code, with a patient, or has committed an act
				  or been convicted of a sex offense as defined in Section
				  44010 of the Education code, shall
				  contain an order revoking the license. The proposed decision shall not contain
				  an order staying the revocation of the license.
1. New
					 section filed 10-23-96; operative 11-22-96 (Register 96, No. 43).
2.
					 Amendment filed 5-31-2000; operative 6-30-2000 (Register 2000, No.
					 22).
3. Amendment filed 9-29-2008; operative 10-29-2008 (Register
					 2008, No. 40).
4. Amendment of section heading, section and NOTE
					 filed 11-29-2012; operative 12-29-2012 (Register 2012, No.
					 48).
Note: Authority cited: Section
						4504,
						Business and Professions Code; and Section
						11425.50(e),
						Government Code. Reference: Sections
						315,
						315.2,
						315.4,
						729,
						4520
						and
						4521,
						Business and Professions Code; Section
						44010,
						Education Code; and Sections
						11400.20,
						11425.50(e)
						and
						11500,
						Government Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 25 - Board of Vocational Nurse and Psychiatric Technician Examiners of the State of California › Chapter 2 - Psychiatric Technicians › Article 4 - Licenses › Section 2579.11 - Required Actions Against Registered Sex Offenders

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as otherwise provided, if an
				  individual is required to register as a sex offender pursuant to Section
				  290 of the
				  Penal Code, or the equivalent in another state or territory, or military or
				  federal law, the board shall:
(1) Deny an
				  application by the individual for licensure, in accordance with the procedures
				  set forth in Chapter 5 (commencing with Section
				  11500) of Part 1 of Division 3 of
				  Title 2 of the Government Code.
(2)
				  Promptly revoke the license of the individual, in accordance with the
				  procedures set forth in Chapter 5 (commencing with Section
				  11500) of Part 1 of Division 3 of
				  Title 2 of the Government Code, and shall not stay the revocation nor place the
				  license on probation.
(3) Deny any
				  petition to reinstate or reissue the individual's license.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 25 - Board of Vocational Nurse and Psychiatric Technician Examiners of the State of California › Chapter 2 - Psychiatric Technicians › Article 4 - Licenses › Section 2579.20 - Consumer Complaint Disclosure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In reaching a decision on the disclosure of a consumer
					 complaint under the Public Records Act (Government Code Section
					 6250 et
					 seq.), the Board shall follow its "Consumer Complaint Disclosure Policy" which
					 specifies the following:
(a) Public
				  Access to Information -- It is the policy of the Board of Vocational Nursing
				  and Psychiatric Technicians (hereafter "Board") that information concerning
				  individuals licensed by this agency be available to members of the public.
				  Among the principal functions of the Board is the investigation of complaints
				  against its licensees to determine whether there is cause for disciplinary
				  action. Information regarding actions taken by the Board in the disposition of
				  such complaints is readily accessible to the consuming public.
(b) Complaint Information System -- The Board
				  maintains a system designed to provide information regarding complaints and
				  disciplinary actions against its licensees and information regarding their
				  license status.
(c) Information to
				  be Provided Regarding Complaints -- In disclosing the existence of a consumer
				  complaint, the Board will do so in a manner that will not reveal the identity
				  of the complainant. The Board shall disclose details of a consumer complaint
				  only if the complaint is substantiated through investigation and/or an
				  Accusation or Statement of Issues is filed. The Board shall disclose the
				  following consumer complaint information to the public, upon request:
(1) The number of complaints which have been
				  found by the Board to be violations of the licensing law or regulations;
				  and
(2) With respect to each
				  complaint, the following information:
(A) Its
				  date of receipt;
(B) A summary of
				  the violation(s);
(C) Its
				  disposition, by indicating whether the complaint:
(1) Has been or will be referred to formal
				  disciplinary action.
(2) Has been
				  found to involve a minor violation not in itself meriting disciplinary
				  action;
(3) Has been disposed of
				  through any action taken, formal or informal.
(3) Comparative data considered by the Board
				  to be informative to consumers, which could include the average number of
				  complaints received against licensees in a given region, locality or area of
				  practice.
(4) A general disclaimer,
				  if any, as the Board may deem appropriate.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 25 - Board of Vocational Nurse and Psychiatric Technician Examiners of the State of California › Chapter 2 - Psychiatric Technicians › Article 5 - Schools for Preparation of Psychiatric Technicians › Section 2580 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in this Article, unless the context otherwise
					 requires:
(a) "Affiliated with an
				  approved school or program" as used in code section
				  4531.1(b)(2)(B)(i)
				  means any school or program that has a formal collaborative agreement with an
				  approved school or program as defined in section
				  4531 of the Code, that controls
				  its academic policies and curriculum, and where the school or program agrees to
				  utilize the policies and curriculum of the approved school or
				  program.
(b) "Institution" means a
				  postsecondary school or educational program offering courses of instruction for
				  the preparation of psychiatric technicians.
(c) "Approval Process" as used in section
				  4531.1 of the Code means the
				  process by which a school or educational program may seek approval to become an
				  approved school for preparation of psychiatric technicians from the
				  Board.
(d) "Cohort" or "class"
				  means a group of students intended for enrollment in an approved school or
				  program for preparation of psychiatric technicians.
(e) "Faculty" means persons specifically
				  appointed as Director, Assistant Director, Instructor, Additional Faculty,
				  Teacher Assistant, or other persons who have the qualifications to teach as
				  specified in section
				  2584.
(f) "Good cause shown" means any of the
				  following:
(1) Death of an immediate family
				  member for any individual applicant, or officer, manager, or director of any
				  applicant. Documentation, such as a copy of the death certificate, must be
				  submitted.
(2) Catastrophic
				  illness, contagious disease, or major traumatic injury to any for any
				  individual applicant, or officer, manager, or director of any applicant or
				  their immediate family member (spouse, child, or parent). Documentation, such
				  as an original letter on letterhead from the physician, which includes the
				  date(s), nature of the illness, and the physician's signature, must be
				  submitted.
(3) Natural disaster
				  (earthquake, flood, fire, etc.) in the applicant's physical or office
				  location.
(4) Service of any
				  individual applicant, or officer, manager, or director of any applicant on
				  extended active duty with the Armed Forces of the United States. Documentation,
				  such as copies of current Leave and Earnings Statements or military orders,
				  must be submitted.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 25 - Board of Vocational Nurse and Psychiatric Technician Examiners of the State of California › Chapter 2 - Psychiatric Technicians › Article 5 - Schools for Preparation of Psychiatric Technicians › Section 2581 - Procedure for Approval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To
				  begin the approval process, the institution shall submit a completed Letter of
				  Intent meeting the requirements of this section to the Board. A completed
				  Letter of Intent shall include a completed "Letter of Intent to Submit
				  Application for Initial Approval of New School or Program -- Psychiatric
				  Technician," Form 56M-1 (Revised Revised 02/2024), which is hereby incorporated
				  by reference, and written narrative statements and documentation prepared by
				  the director as required by Form 56M-1.
(b) Upon receipt of a completed Letter of
				  Intent, the Board shall send written notice to the institution acknowledging
				  receipt, informing the institution of the next steps in the approval process in
				  accordance with section
				  4531.1 of the Code, and providing
				  an estimated wait time until active assignment to a nursing education
				  consultant. Within 60 days of the date of written notice by the Board of active
				  assignment of a nursing education consultant, the institution shall submit a
				  completed initial application for approval, which includes all of the
				  following:
(1) a completed "Application for
				  Approval of a New Psychiatric Technician School or Program," Form 56M-2
				  (Revised 02/2024), which is hereby incorporated by reference;
(2) a completed "Clinical Facility
				  Verification Form -- PT," Form 56M-3A (Revised 02/2024) for each applicable
				  health care facility, which is hereby incorporated by reference;
(3) a completed "Vocational Nursing or
				  Psychiatric Technician Program Curriculum Content -- Instructional Plan" Form
				  55M-2W (Revised 02/2024), which is hereby incorporated by reference;
(4) a completed "Summary of Instructional
				  Plan Program Hours Psychiatric Technician Program," Form 56M-2E (Revised
				  02/2024), which is hereby incorporated by reference;
(5) "Verification of Faculty Qualifications,"
				  Form 55M-10 (Revised 02/2024) for each faculty member as described in section
				  2584, which is hereby incorporated
				  by reference; and,
(6) the
				  nonrefundable initial application fee required by section
				  2590.2.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 25 - Board of Vocational Nurse and Psychiatric Technician Examiners of the State of California › Chapter 2 - Psychiatric Technicians › Article 5 - Schools for Preparation of Psychiatric Technicians › Section 2581.1 - Provisional Approval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Provisional approval means a program has not met all requirements as set forth
				  in this Chapter and in Chapter 10, Division 2 of the Business and Professions
				  Code.
(b) Provisional approval
				  shall be granted for a period determined by the Board.
(c) The Board may place any program on
				  provisional approval when that program does not meet all requirements as set
				  forth in this Chapter and in Section
				  2581. If the program has not met
				  all requirements at the end of the initial provisional approval period,
				  provisional approval may be extended if the program demonstrates to the
				  satisfaction of the Board a good faith effort to correct all
				  deficiencies.
(d) Any program
				  holding provisional approval may not admit "new" classes beyond the established
				  pattern of admissions previously approved by the Board. The admission pattern
				  is defined by the number of students per class and the frequency of admissions
				  for the six class admissions that immediately precede the Board action to
				  consider provisional approval.
(e)
				  A program placed on provisional approval shall receive written notification
				  from the Board. The notification to the program shall include specific areas of
				  noncompliance and requirements for correction. A program's failure to correct
				  delineated areas of noncompliance is cause for revocation of provisional
				  approval.
(f) A material
				  misrepresentation of fact by a psychiatric technician program in any
				  information submitted to the Board is cause for revocation of provisional
				  approval.
(g) A program whose
				  provisional approval has been revoked shall be removed from the Board's list of
				  approved programs. The status of students as potential applicants for licensure
				  will be determined by the Board.
(h) A program that is removed from the
				  Board's list of approved programs subsequent to Board action based on the
				  program's non-compliance with applicable regulations shall not reapply to
				  establish a psychiatric technician program for a minimum period of one calendar
				  year.
1. New
					 section filed 6-1-2000; operative 6-30-2000 pursuant to Government Code section
					 11349.3(a)
					 (Register 2000, No. 22).
2. Amendment filed 5-4-2007; operative
					 6-3-2007 (Register 2007, No. 18).
3. Change without regulatory
					 effect amending section heading and section filed 7-23-2013 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2013, No. 30).
Note: Authority cited: Section
						4504,
						Business and Professions Code. Reference: Sections
						4511,
						4515
						and
						4532,
						Business and Professions Code.