BILL NUMBER: SB 1427 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Calderon
FEBRUARY 21, 2008
An act to amend Sections 2902, 2904, 2960, 4040, 4502, 4502.1, and
4502.2 of, and to add Article 3.5 (commencing with Section 2949) to
Chapter 6.6 of Division 2 of, the Business and Professions Code,
relating to psychology.
LEGISLATIVE COUNSEL'S DIGEST
SB 1427, as introduced, Calderon. Psychologists: scope of
practice: prescribing drugs.
The Psychology Licensing Law provides for the licensure and
regulation of psychologists by the Board of Psychology, and the
Pharmacy Law provides for the regulation of prescription drug and
medical device dispensing by the California State Board of Pharmacy.
The Psychology Licensing Law provides that the practice of psychology
does not include the prescribing of drugs and does not authorize a
psychologist to prescribe drugs or write prescriptions. Existing law
additionally makes a violation of its provisions a crime and
unprofessional conduct, constituting grounds for disciplinary action
by the Board of Psychology.
This bill would enact the Collaborative Medication Treatment
Management Act, which would revise these provisions to authorize a
prescribing psychologist, as defined, to prescribe drugs for the
treatment of specified disorders if certain requirements are met.
This bill would require the Board of Psychology to establish and
administer a certification process to grant licensed psychologists
the authority to write prescriptions, and would require an applicant
for certification as a prescribing psychologist to meet specified
education and training requirements, including completion of a
preceptorship, as specified, and, upon certification, collaboration
with a licensed physician, and surgeon, as specified. The bill would
require the board to charge fees for the issuance and renewal of a
certificate to cover the costs of administering the certification
process, and would provide for the deposit of these fees in the
Psychology Fund. The bill would require the board to establish
requirements for the renewal of a certificate, including continuing
education requirements, and to provide certain information to the
California State Board of Pharmacy, including a list of psychologists
certified to prescribe drugs.
This bill would include as unprofessional conduct, subject to
disciplinary action by the board, a violation of particular
provisions of law relating to the prescribing or dispensing of drugs.
By adding these provisions and thereby creating a new crime, this
bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known and may be cited as the
Collaborative Medication Treatment Management Act.
SEC. 2. Section 2902 of the Business and Professions Code is
amended to read:
2902. As used in this chapter, unless the context clearly
requires otherwise and except as in this chapter expressly otherwise
provided , the following definitions apply:
(a) "Licensed psychologist" means an individual to whom a license
has been issued pursuant to the provisions of this chapter, which
license is in force and has not been suspended or revoked.
(b) "Board" means the Board of Psychology.
(c) A person represents himself or herself to be a psychologist
when the person holds himself or herself out to the public by any
title or description of services incorporating the words "psychology,"
"psychological," "psychologist," "psychology consultation,"
"psychology consultant," "psychometry," "psychometrics" or
"psychometrist," "psychotherapy," "psychotherapist," "psychoanalysis,"
or "psychoanalyst," or when the person holds himself or herself out
to be trained, experienced, or an expert in the field of psychology.
(d) "Accredited," as used with reference to academic institutions,
means the University of California, the California State University,
or an institution that is accredited by a national or an applicable
regional accrediting agency recognized by the United States
Department of Education.
(e) "Approved," as used with reference to academic institutions,
means an institution having "approval to operate",
operate," as defined in Section 94718 of the Education
Code.
(f) "Board-approved provider" means a person or organization
approved by the board to provide continuing education to California
psychologists.
(g) "Collaborative medication treatment management" means the
authority to prescribe, order, administer, or dispense drugs or
controlled substances recognized for or customarily used, including
off-label applications, in the diagnosis, treatment, or evaluation
and management of individuals with mental or behavioral disorders
under the direction of a licensed physician and surgeon.
(h) "Device" has the same meaning as provided in Section 4023.
(i) "Drug" has the same meaning as described or provided in
Sections 4021, 4022, and 4025.
(j) "Prescribing psychologist" means a health service provider who
has received from the board, pursuant to Section 2949.1, a valid
certificate granting collaborative medication treatment management
certification, which certificate has not been revoked or suspended.
(k) "Prescription" has the same meaning as provided in Sections
4040 and 4070.
(l) "Standardized procedure or protocol" means a medication
formulary agreed upon by a prescribing psychologist and his or her
collaborating physician ans surgeon.
SEC. 3. Section 2904 of the Business and Professions Code is
amended to read:
2904. The practice of psychology shall not include
prescribing drugs, performing surgery or administering
electroconvulsive therapy any of the following:
(a) Prescribing drugs or devices,
except by prescribing psychologists, as defined in Section 2902.
(b) Performing surgery.
(c) Administering electroconvulsive
therapy .
SEC. 4. Article 3.5 (commencing with Section 2949) is added to
Chapter 6.6 of Division 2 of the Business and Professions Code, to
read:
Article 3.5. Prescribing Psychologists
2949. No person shall advertise or hold himself or herself out as
being engaged in collaborative medication treatment management who
is not a psychologist licensed under this chapter and does not, in
addition, meet the standards for a prescribing psychologist
established by the board.
2949.1. (a) On or before July 1, 2009, the board shall establish
and administer a process to grant licensed psychologists
certification as prescribing psychologists engaged in collaborative
medication treatment management. On or before July 1, 2009, the board
shall develop a procedure for prescribing-psychologists-in-training
to prescribe under the supervision and license of a licensed
physician and surgeon. The board shall charge applicants reasonable
fees for the issuance of, and renewal of, a certificate to cover the
costs of administering the certification process. These fees shall be
deposited in the Psychology Fund.
(b) (1) Each applicant for certification as a prescribing
psychologist, as defined in subdivision (j) of Section 2902, shall
show by official transcript or other official evidence satisfactory
to the board that he or she has successfully completed an organized
and planned sequence of pharmacology and psychopharmacology training
deemed by the board to be consistent with this chapter.
(2) The board may certify a psychologist from a federal or other
state jurisdiction to practice as a prescribing psychologist if that
jurisdiction has authorized the psychologist to prescribe and if the
board determines that the psychologist has practiced with competence.
The board may also certify a psychologist to practice as a
prescribing psychologist if the psychologist has lawfully prescribed
under another professional license that authorizes prescribing and
the training and experience under the other license is consistent
with the training standards required for a prescribing psychologist.
(c) In assessing the educational qualifications submitted by an
applicant, the board shall use the following standards to evaluate a
prescribing psychologist's educational preparation:
(1) (A) He or she shall be a licensed psychologist who has
completed a program comprising of a minimum of 450 hours in clinical
psychopharmacology from a regionally accredited university or
California state approved school terminating in a postdoctoral
masters degree in clinical psychopharmacology or a professional
certificate in clinical psychopharmacology from a board-approved
provider in continuing education. Courses taught and offered by
training programs in clinical psychopharmacology shall have on its
faculty a medical director and instructors trained in clinical
psychopharmacology and in relevant and related professions.
Applicants who have received a postdoctoral masters degree in
clinical psychopharmacology or a professional certificate in clinical
psychopharmacology prior to the date that this act takes effect
shall be deemed to have met the educational requirements of this
section.
(B) The 450 hours described in subparagraph (A) shall include the
following core curriculum in clinical psychopharmacology:
(i) One hundred thirty five hours of biological foundations,
including anatomy, physiology, biochemistry, and neuroscience.
(ii) Ninety hours of pharmacology consisting of 45 hours in basic
pharmacology and 45 hours in advanced pharmacology.
(iii) Ninety hours of clinical medicine consisting of 45 hours of
pathophysiology and 45 hours of physical assessment and lab
monitoring.
(iv) Forty-five hours of differential diagnosis and
pharmacotherapeutics, which shall include training in the California
Medication Algorithm Project.
(v) Forty-five hours of advanced topics in psychopharmacology,
including polymorphisms and prescribing for special populations, such
as children, the elderly, certain ethnic and race groups, and
differential gender responses to medications.
(vi) Forty-five hours of special topics in psychopharmacology,
including chemical dependency, ethics, and psychopharmacology
research.
(2) (A) He or she shall have completed a preceptorship under the
supervision of a physician and surgeon or other prescribing
practitioner of a minimum of 800 hours, of which a minimum of 200
hours are completed in a public health care facility, a nonprofit
private agency that receives public funding, a practice or clinic
that is located in a shortage area, or in a practice or clinic that
predominantly provides services to underserved populations.
(B) During the preceptorship period, the applicant and physician
supervisor shall maintain accurate records and data of all
prescriptions made by the applicant and approved by the supervisor.
Only those medications and conditions approved by the supervisor
shall be ordered. The minimum data recorded shall specify the patient'
s name, the order date, the medication, dosage, and route, the
condition the drug was prescribed for, side effects, if any, reported
by the patient, the extent of physician supervision in the process,
the review date by the supervisor accompanied by the supervisor's
signature, and any other data requested by the supervisor. Any side
effects reported by the patient shall be discussed with the
supervisor as soon as practicable. At the end of the preceptorship
period and on a form provided by the board, the supervisor shall
attest that he or she has supervised the applicant and that the
applicant has performed competently and met all the requirements of
this paragraph. The form shall be dated and signed by the supervisor
and provided to the board in a timely manner.
2949.2. (a) A licensed psychologist who is holding himself or
herself out as a prescribing psychologist or who desires to hold
himself or herself out as a prescribing psychologist shall, within
the time prescribed by the board and prior to his or her next license
renewal or the issuance of an initial license, submit educational,
experience, and other credentials and information as the board may
require for the board to determine that the person qualifies to use
the title "prescribing psychologist," pursuant to the standards and
qualifications established by the board.
(b) Upon finding that a person is qualified to hold himself or
herself out as a prescribing psychologist, the board shall
appropriately indicate on the issued or renewed license, that the
person is qualified to use the title "prescribing psychologist." The
board shall also issue to each qualified person a certificate
evidencing that the person is qualified to use the title "prescribing
psychologist."
(c) A person who has been found to be qualified by the board to
use the title "prescribing psychologist" prior to the effective date
of this section shall not be required to submit any further
qualifications or information to the board and shall be deemed to
have met the requirements of this section.
2949.3. (a) After completion of the preceptorship described in
Section 2949.1, a prescribing psychologist shall maintain a working,
collaborative relationship with a physician and surgeon to develop a
standard protocol that shall detail the formulary that the
prescribing psychologist may prescribe. The standard protocol shall
be renewed annually, but may be updated more frequently as needed by
the parties. This article and any other provision of law may not be
construed to prohibit a prescribing psychologist from furnishing or
ordering drugs or devices when all of the following apply:
(1) The drugs or devices are furnished or ordered by a prescribing
psychologist in accordance with standardized procedures or protocols
developed by the prescribing psychologist and the collaborating
physician and surgeon when the drugs or devices furnished or ordered
are consistent with the physician and surgeon's educational
preparation or for which clinical competency has been established and
maintained.
(2) (A) The prescribing psychologist is functioning pursuant to a
standardized procedure, as described in this section, or protocol.
The standardized procedure or protocol shall be developed and
approved by the collaborating physician and surgeon, the prescribing
psychologist or psychologists, and if applicable, the facility
administrator, if any, or the designee. To the extent possible, the
prescribing psychologist shall utilize the California Medication
Algorithm Project medication algorithms for each class of mental
disorder that is agreed to by the prescribing psychologist and the
physician collaborator.
(B) (i) The standardized procedure or protocol covering the
furnishing of drugs or devices shall specify which drugs or devices
may be furnished or ordered, under what circumstances, the extent of
physician collaboration, the method of periodic review of the
prescribing psychologist's competence, including peer review, and
review of the provisions of the standardized procedure.
(ii) The standardized procedure or protocol shall require that the
prescribing psychologist only prescribe for patients who have a
primary care physician and who have received medical clearance by way
of a recent physical examination. For patients receiving treatment
in a public or nonprofit community mental health facility or clinic,
this requirement may be modified. This requirement may be waived for
emergency treatment.
(iii) The standardized procedure or protocol shall require that
the prescribing psychologist provide primary care physicians with a
written report for any patient that is prescribed a psychotropic
medication. This report shall contain the medication prescribed, the
dosage, the reason for the medication, and any other data that is
relevant to the patient's treatment.
(iv) In addition to the requirements in subclause (i), for
Schedule II controlled substance protocols, the provision for
furnishing Schedule II controlled substances shall address the
diagnosis of the illness, injury, or condition for which the Schedule
II controlled substance is to be furnished.
(3) The furnishing or ordering of drugs or devices by a
prescribing psychologist occurs under physician collaboration.
Physician collaboration shall not be construed to require the
physical presence of the physician, but shall include collaboration
on the development of the standardized protocol, approval of the
standardized protocol, and making telephone contact available, if
necessary, at the time of patient examination by the prescribing
psychologist. The prescribing psychologist is not to be construed as
an agent of the collaborating physician.
(4) The board has certified in accordance with Section 2949.1 that
the prescribing psychologist has satisfactorily completed at least
800 hours of preceptorship under a physician and surgeon in the
furnishing or ordering of drugs or devices and a program in clinical
psychopharmacology covering the drugs or devices to be furnished or
ordered under this section.
(b) For purposes of this section, a physician and surgeon may not
supervise more than six prescribing psychologists at one time during
the preceptorship. This number may be increased by state and county
mental health facilities that demonstrate a shortage of available
psychiatrists.
(c) For purposes of this section, a physician and surgeon may not
have a collaborative relationship with more than six prescribing
psychologists, postpreceptorship, at any one time. This number may be
increased by state and county mental health facilities that
demonstrate a shortage of available psychiatrists.
(d) (1) Drugs or devices furnished or ordered by a prescribing
psychologist may include Schedule II through Schedule V controlled
substances under the California Uniform Controlled Substances Act
(Division 10 (commencing with Section 11000) of the Health and Safety
Code), but shall be limited to those drugs agreed upon by the
prescribing psychologist and collaborating physician and specified in
the standardized procedure.
(2) If Schedule II or III controlled substances, as defined in
Sections 11055 and 11056 of the Health and Safety Code, are furnished
or ordered by a prescribing psychologist, the controlled substances
shall be furnished or ordered in accordance with a patient-specific
protocol approved by the collaborating physician. A copy of the
section of the prescribing psychologist's standardized protocol
relating to controlled substances shall be provided, upon request, to
any licensed pharmacist who dispenses drugs or devices, if there is
uncertainty about the prescribing psychologist furnishing the order.
(e) Use of the term "furnishing" in this section, with regard to
health facilities defined in Section 1250 of the Health and Safety
Code, shall include the ordering of a drug, device, and laboratory or
other appropriate diagnostic studies in accordance with the
standardized protocol.
(f) "Drug order" or "order" for purposes of this section means an
order for medication that is dispensed to or for an ultimate user,
issued by a prescribing psychologist as an individual practitioner,
within the meaning of Section 1306.02 of Title 21 of the Code of
Federal Regulations. Notwithstanding any other provision of law, all
of the following shall apply:
(1) A drug order issued pursuant to this section shall be treated
in the same manner as a prescription of the collaborating physician.
(2) All references to "prescription" in this code and the Health
and Safety Code shall include drug orders issued by prescribing
psychologists.
(3) The signature of a prescribing psychologist on a drug order
issued in accordance with this section shall be deemed to be the
signature of a prescriber for purposes of this code and the Health
and Safety Code.
2949.4. (a) All prescribing psychologists who are authorized
pursuant to Section 2949.3 to furnish or issue drug orders for
controlled substances shall register with the federal Drug
Enforcement Administration of the United States Department of
Justice.
(b) For purposes of this article, the furnishing or ordering of
drugs or devices by prescribing psychologists is defined to mean the
act of making a pharmaceutical agent or agents available to the
patient in strict accordance with a standardized procedure.
2949.5. Notwithstanding any other provision of law, a prescribing
psychologist may dispense drugs or devices upon an order by a
licensed physician and surgeon if the psychologist is functioning
within a licensed clinic as defined in paragraphs (1) and (2) of
subdivision (a) of Section 1206 of, or within a clinic as defined in
subdivision (b) or (c) of Section 1206 of, the Health and Safety
Code. A clinic may not employ a prescribing psychologist to perform
dispensing duties exclusively. A prescribing psychologist may not
dispense drugs in a pharmacy, or keep a pharmacy, open shop, or
drugstore for the retailing of drugs or poisons. A prescribing
psychologist may not compound drugs.
2949.6. (a) The furnishing of drugs or devices by a prescribing
psychologist is conditional on issuance by the board of an
identification number to the psychologist applicant who has
successfully completed the requirements of subdivision (a) of Section
2949.1. The identification number shall be included on all
transmittals of orders for drugs or devices by the prescribing
psychologist. The board shall make the list of identification numbers
issued available to the California State Board of Pharmacy. The
board may charge the applicant a fee to cover all necessary costs to
implement this section.
(b) The identification number issued pursuant to subdivision (a)
shall be renewable at the time of the applicant's license renewal.
(c) The board may revoke, suspend, or deny issuance of an
identification number for incompetence or gross negligence in the
performance of functions specified in this article.
2949.7. Nothing in this article shall be construed to limit the
current scope of practice of a licensed psychologist authorized
pursuant to this chapter.
2949.8. (a) The board shall set forth the requirements for
renewal of a certificate of a prescribing psychologist for each
license renewal period.
(b) Each applicant for renewal of a certificate for collaborative
medication treatment management shall present evidence of having
completed approved mandatory continuing education in the area of
psychopharmacology and related prescribing practice as set forth by
the board.
2949.9. (a) Each prescribing psychologist shall comply with all
state and federal rules and regulations relating to the prescribing,
dispensing, and recordkeeping for drugs or devices, as defined in
Sections 4021, 4022, 4023, 4025, and 4055, and other applicable
sections of this code. If the board determines that it facilitates
administration of this article to identify a prescribing psychologist
by another name that is consistent with other jurisdictions, the
board may do so.
(b) A written order of a prescribing psychologist shall include
his or her identification number assigned by the board pursuant to
Section 2949.6.
(c) A prescribing psychologist shall not delegate the prescribing
of medication to any other person except for a supervised trainee in
a preceptorship training program for prescribing psychologists.
(d) Records of all prescriptions shall be maintained in client
records.
2949.95. (a) The board shall frequently transmit to the
California State Board of Pharmacy a list of prescribing
psychologists containing, at a minimum, all of the following
information:
(1) The name of the psychologist.
(2) The unique identification number indicating certification to
prescribe.
(3) The effective date of collaborative medication treatment
management certification.
(b) The board shall promptly forward to the California State Board
of Pharmacy the names and identification numbers of psychologists
added to or deleted from the annual list of psychologists certified
to prescribe.
(c) The board shall notify the California State Board of Pharmacy
in a timely manner upon termination, suspension, or reinstatement of
a psychologist's authority to prescribe.
SEC. 5. Section 2960 of the Business and Professions Code is
amended to read:
2960. The board may refuse to issue any registration ,
certification or license, or may issue a registration or
license with terms and conditions, or may suspend or revoke the
registration or license of any registrant or licensee if the
applicant, registrant, or licensee has been guilty of unprofessional
conduct. Unprofessional conduct shall include, but not be limited to
, any of the following :
(a) Conviction of a crime substantially related to the
qualifications, functions or duties of a psychologist or
psychological assistant.
(b) Use of any controlled substance as defined in Division 10
(commencing with Section 11000) of the Health and Safety Code, or
dangerous drug, or any alcoholic beverage to an extent or in a manner
dangerous to himself or herself, any other person, or the public, or
to an extent that this use impairs his or her ability to perform the
work of a psychologist with safety to the public.
(c) Fraudulently or neglectfully misrepresenting the type or
status of license or registration actually held.
(d) Impersonating another person holding a psychology license or
allowing another person to use his or her license or registration.
(e) Using fraud or deception in applying for a license or
registration or in passing the examination provided for in this
chapter.
(f) Paying, or offering to pay, accepting, or soliciting any
consideration, compensation, or remuneration, whether monetary or
otherwise, for the referral of clients.
(g) Violating Section 17500.
(h) Willful, unauthorized communication of information received in
professional confidence.
(i) Violating any rule of professional conduct promulgated by the
board and set forth in regulations duly adopted under this chapter.
(j) Being grossly negligent in the practice of his or her
profession.
(k) Violating any of the provisions of this chapter or regulations
duly adopted thereunder.
() The aiding or abetting of any person to engage in the unlawful
practice of psychology.
(m) The suspension, revocation or imposition of probationary
conditions by another state or country of a license or certificate to
practice psychology or as a psychological assistant issued by that
state or country to a person also holding a license or registration
issued under this chapter if the act for which the disciplinary
action was taken constitutes a violation of this section.
(n) The commission of any dishonest, corrupt, or fraudulent act.
(o) Any act of sexual abuse, or sexual relations with a patient or
former patient within two years following termination of therapy, or
sexual misconduct that is substantially related to the
qualifications, functions or duties of a psychologist or
psychological assistant or registered psychologist.
(p) Functioning outside of his or her particular field or fields
of competence as established by his or her education, training, and
experience.
(q) Willful failure to submit, on behalf of an applicant for
licensure, verification of supervised experience to the board.
(r) Repeated acts of negligence.
(s) Violating Section 2949.3 relating to prescribing or dispensing
drugs.
SEC. 6. Section 4040 of the Business and Professions Code is
amended to read:
4040. (a) "Prescription" means an oral, written, or electronic
transmission order that is both of the following:
(1) Given individually for the person or persons for whom ordered
that includes all of the following:
(A) The name or names and address of the patient or patients.
(B) The name and quantity of the drug or device prescribed and the
directions for use.
(C) The date of issue.
(D) Either rubber stamped, typed, or printed by hand or typeset,
the name, address, and telephone number of the prescriber, his or her
license classification, and his or her federal registry number, if a
controlled substance is prescribed.
(E) A legible, clear notice of the condition for which the drug is
being prescribed, if requested by the patient or patients.
(F) If in writing, signed by the prescriber issuing the order
, or the certified nurse-midwife, nurse practitioner,
physician assistant, or naturopathic doctor who issues a drug order
pursuant to Section 2746.51, 2836.1, 3502.1, or 3640.5, respectively,
or the pharmacist who issues a drug order pursuant to either
subparagraph (D) of paragraph (4) of, or clause (iv) of subparagraph
(A) of paragraph (5) of, subdivision (a) of Section 4052 .
(2) Issued by a physician, dentist, optometrist, podiatrist,
prescribing psychologist, veterinarian, or naturopathic doctor
pursuant to Section 3640.7 or, if a drug order is issued pursuant to
Section 2746.51, 2836.1, 3502.1, or 3460.5, by a certified
nurse-midwife, nurse practitioner, physician assistant, or
naturopathic doctor licensed in this state, or pursuant to either
subparagraph (D) of
paragraph (4) of, or clause (iv) of subparagraph (A) of paragraph
(5) of, subdivision (a) of Section 4052 by a pharmacist licensed in
this state.
(b) Notwithstanding subdivision (a), a written order of the
prescriber for a dangerous drug, except for any Schedule II
controlled substance, that contains at least the name and signature
of the prescriber, the name and address of the patient in a manner
consistent with paragraph (3) of subdivision (b) of Section 11164 of
the Health and Safety Code, the name and quantity of the drug
prescribed, directions for use, and the date of issue may be treated
as a prescription by the dispensing pharmacist as long as any
additional information required by subdivision (a) is readily
retrievable in the pharmacy. In the event of a conflict between this
subdivision and Section 11164 of the Health and Safety Code, Section
11164 of the Health and Safety Code shall prevail.
(c) "Electronic transmission prescription" includes both image and
data prescriptions. "Electronic image transmission prescription"
means any prescription order for which a facsimile of the order is
received by a pharmacy from a licensed prescriber. "Electronic data
transmission prescription" means any prescription order, other than
an electronic image transmission prescription, that is electronically
transmitted from a licensed prescriber to a pharmacy.
(d) The use of commonly used abbreviations shall not invalidate an
otherwise valid prescription.
(e) Nothing in the amendments made to this section (formerly
Section 4036) at the 1969 Regular Session of the Legislature shall be
construed as expanding or limiting the right that a chiropractor,
while acting within the scope of his or her license, may have to
prescribe a device.
SEC. 7. Section 4502 of the Business and Professions Code is
amended to read:
4502. As used in this chapter, "psychiatric technician" means any
person who, for compensation or personal profit, implements
procedures and techniques which that
involve understanding of cause and effect and which
that are used in the care, treatment, and
rehabilitation of mentally ill, emotionally disturbed, or mentally
retarded persons 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
such symptoms and reactions, and for the carrying out of treatments
and medications as prescribed by a licensed physician and surgeon
or a , psychiatrist , or
prescribing psychologist .
The psychiatric technician in the performance of such procedures
and techniques is responsible to the director of the service in which
his or her 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.
SEC. 8. Section 4502.1 of the Business and Professions Code is
amended to read:
4502.1. A psychiatric technician, working in a mental health
facility or developmental disability facility, when prescribed by a
physician and surgeon or prescribing psychologist , may
administer medications by hypodermic injection.
SEC. 9. Section 4502.2 of the Business and Professions Code is
amended to read:
4502.2. A psychiatric technician, when prescribed by a physician
and surgeon or prescribing psychologist , 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.
SEC. 10. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.