§ 12-295-111 — Grounds for discipline

(1) Grounds for discipline, as used in
this article 295, means any action by any person who:

(a) Has procured or attempted to procure a license by fraud, deceit,
misrepresentation, misleading omission, or material misstatement of fact;

(b) (I) Has been convicted of a felony or any crime that would constitute a
violation of this article 295.

(II) For purposes of this subsection (1)(b), convicted includes a plea of guilty
or nolo contendere or imposing a sentence that is deferred prior to final sentencing
or dismissal with prejudice.

(III) A certified copy of the judgment of a court of competent jurisdiction of
the conviction or plea shall be prima facie evidence of the conviction.

(c) Has acted in a manner inconsistent with the health or safety of individuals
under the person's care;

(d) Has had a license to practice as a psychiatric technician or any other
health-care occupation suspended or revoked in any jurisdiction. A certified copy of
the order of suspension or revocation shall be prima facie evidence of the
suspension or revocation.

(e) Has violated or has aided or knowingly permitted any person to violate
any provision of this article 295 or an applicable provision of article 20 or 30 of this
title 12;

(f) Has practiced as a psychiatric technician in a manner that fails to meet
generally accepted standards for the practice;

(g) Has violated any order or rule of the board pertaining to practice or
licensure as a psychiatric technician;

(h) Has falsified or in a negligent manner made incorrect entries or failed to
make essential entries on patient records;

(i) Habitually or excessively uses or abuses alcohol or controlled substances,
as defined in section 18-18-102 (5), or other drugs having similar effects, or is
diverting controlled substances, as defined in section 18-18-102 (5), or other drugs
having similar effects from the licensee's place of employment; except that the
board has the discretion not to discipline the licensee if the licensee is participating
in good faith in an alcohol or substance use disorder treatment program approved
by the board;

(j) (I) Has failed to notify the board of a physical illness, physical condition, or
behavioral, mental health, or substance use disorder that affects the psychiatric
technician's ability to practice as a psychiatric technician with reasonable skill and
safety to patients or that may endanger the health or safety of individuals under the
person's care;

(II) Has failed to act within the limitations created by a physical illness,
physical condition, or behavioral, mental health, or substance use disorder that
renders the psychiatric technician unable to practice as a psychiatric technician
with reasonable skill and safety to patients or that may endanger the health or
safety of individuals under the person's care; or

(III) Has failed to comply with the limitations agreed to under a confidential
agreement entered into pursuant to section 12-30-108;

(k) Has violated the confidentiality of information or knowledge as
prescribed by law concerning any patient;

(l) Has engaged in any conduct that would constitute a crime as defined in
title 18, and which conduct relates to the person's employment as a psychiatric
technician;

(m) Willfully fails to respond in a materially factual and timely manner to a
complaint issued pursuant to section 12-255-119 (3);

(n) Fraudulently obtains, sells, transfers, or furnishes any psychiatric
technician diploma, license, renewal of license, or record, or aids or abets another in
the activity;

(o) Advertises, represents, or holds himself or herself out in any manner as a
psychiatric technician or practices as a psychiatric technician without having a
license to practice as a psychiatric technician issued under this article 295;

(p) Uses in connection with his or her name any designation tending to imply
that he or she is a licensed psychiatric technician without having a license issued
under this article 295; or

(q) Practices as a psychiatric technician during the time his or her license is
suspended or revoked.

Legislative History

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1573, � 1, effective October 1; (1)(c), (1)(f), (1)(g), (1)(i), and (1)(j) amended, (SB 19-154), ch. 169, p. 1977, � 16, effective October 1.