(1) "Grounds for discipline", as used in this article 295, means any action by any person who:
Has procured or attempted to procure a license by fraud, deceit, misrepresentation,misleading omission, or material misstatement of fact;
(I) Has been convicted of a felony or any crime that would constitute a violation ofthis article 295.
For purposes of this subsection (1)(b), "convicted" includes a plea of guilty or nolocontendere or imposing a sentence that is deferred prior to final sentencing or dismissal with prejudice.
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.
Has acted in a manner inconsistent with the health or safety of individuals under theperson's care;
Has had a license to practice as a psychiatric technician or any other health careoccupation 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.
Has violated or has aided or knowingly permitted any person to violate any provisionof this article 295 or an applicable provision of article 20 or 30 of this title 12;
Has practiced as a psychiatric technician in a manner that fails to meet generallyaccepted standards for the practice;
Has violated any order or rule of the board pertaining to practice or licensure as apsychiatric technician;
Has falsified or in a negligent manner made incorrect entries or failed to make essential entries on patient records;
Habitually or excessively uses or abuses alcohol or controlled substances, as definedin 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;
(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;
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
Has failed to comply with the limitations agreed to under a confidential agreemententered into pursuant to section 12-30-108;
Has violated the confidentiality of information or knowledge as prescribed by lawconcerning any patient;
Has engaged in any conduct that would constitute a crime as defined in title 18, andwhich conduct relates to the person's employment as a psychiatric technician;
Willfully fails to respond in a materially factual and timely manner to a complaintissued pursuant to section 12-255-119 (3);
Fraudulently obtains, sells, transfers, or furnishes any psychiatric technician diploma,license, renewal of license, or record, or aids or abets another in the activity;
Advertises, represents, or holds himself or herself out in any manner as a psychiatrictechnician or practices as a psychiatric technician without having a license to practice as a psychiatric technician issued under this article 295;
Uses in connection with his or her name any designation tending to imply that he orshe is a licensed psychiatric technician without having a license issued under this article 295; or
Practices as a psychiatric technician during the time his or her license is suspended orrevoked.
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.
Editor's note: (1) This section is similar to former § 12-42-113 as it existed prior to 2019.
(2) Before its relocation in 2019, this section was amended in SB 19-154. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from July 1, 2019, to October 1, 2019, see SB 19-154, chapter 169, Session Laws of Colorado 2019.