2009 California Business and Professions Code - Section 4510-4519 :: Article 2. Licensure

BUSINESS AND PROFESSIONS CODE
SECTION 4510-4519

4510.  The board shall issue a psychiatric technician's license to
each applicant who qualifies therefor, 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.
   After the applicant passes the examination and upon receipt by the
board of the initial license fee required by subdivision (e) 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.

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 accredited 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."

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 accredited 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 accredited 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 accredited 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 ground for disciplinary action.

4511.2.  The board shall deny the application for accreditation made
by, and shall revoke the accreditation 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 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.

4512.  An applicant for a psychiatric technician's license shall,
upon the filing of his application, pay to the board the application
fee prescribed by this chapter.

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.

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.

4516.  Every person licensed under this chapter may be known as a
licensed psychiatric technician and may place the letters P.T. after
his name.

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.

4518.  In the event the board adopts a continuing education program,
the board may collect a biennial fee as prescribed under Section
4548 from any provider of a course in continuing education who
requests approval by the board of the course for purposes of
continuing education 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 courses by continuing
education providers.

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.


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