Psychiatric Technicians

C.R.S. tit. 12, art. 295
in effect

C.R.S. § 12-295-101 Legislative declaration

12-295-101. Legislative declaration. It is declared to be the policy of the state of Colorado that, in order to safeguard life, health, property, and the public welfare of the people of the state of Colorado, and in order to protect the people of the state of Colorado against unauthorized, unqualified, and improper application of interpersonal psychiatric nursing relationships, it is necessary that a proper regulatory authority be established, and adequately provided for. Any person who practices as a psychiatric technician without qualifying for proper registration, and without submitting to the regulations provided in this article 295, endangers the public health thereby.

C.R.S. § 12-295-102 Applicability of common provisions

12-295-102. Applicability of common provisions. Articles 1, 20, and 30 of this title 12 apply, according to their terms, to this article 295.

C.R.S. § 12-295-103 Definitions

12-295-103. Definitions. As used in this article 295, unless the context otherwise requires: (1) "Approved psychiatric technician education program" means a course of training conducted by a school for the training of psychiatric technicians carrying out the basic curriculum prescribed by this article 295 and approved by the board. (2) "Board" means the state board of nursing created in section 12-255-105. (3) "Person" includes an individual, firm, partnership, association, or corporation. (4) "Practice as a psychiatric technician" means the performance for compensation of selected acts requiring interpersonal and technical skills and includes the administering of selected treatments and selected medications prescribed by a licensed physician or dentist, in the care of and in the observation and recognition of symptoms and reactions of a patient with a behavioral or mental health disorder or an intellectual and developmental disability under the direction of a licensed physician and the supervision of a registered professional nurse. The selected acts in the care of a patient with a behavioral or mental health disorder or an intellectual and developmental disability must not require the substantial specialized skill, judgment, and knowledge required in professional nursing.

C.R.S. § 12-295-104 State board of nursing - review of functions - repeal of article

12-295-104. State board of nursing - review of functions - repeal of article. (1) The licensing and regulation of psychiatric technicians shall be under the control of the board. (2) This article 295 is repealed, effective September 1, 2034. Before the repeal, the licensure and regulation functions of the board are scheduled for review in accordance with section 24-34-104.

C.R.S. § 12-295-105 Application for license

12-295-105. Application for license. (1) Every applicant for license as a psychiatric technician must submit an application in a manner approved by the board. (2) Every applicant shall accompany the application with a license fee established pursuant to section 12-20-105. (3) Every person licensed under this article 295 shall be known as a licensed psychiatric technician and may place the letters "L.P.T." after his or her name. The term or the abbreviation shall not be used to identify anyone not licensed under this article 295. The terms "psychiatric technician", "psychiatric aide", "trained psychiatric technician", or "graduate psychiatric technician" shall for the purposes of this article 295 be deemed synonymous with the term "psychiatric technician", and none of the terms shall be used to identify anyone not licensed under this article 295.

C.R.S. § 12-295-106 License by examination

12-295-106. License by examination. (1) Every applicant for license by examination shall submit written evidence, verified by oath, and satisfactory to the board that the applicant: (a) Has not committed an act that would be grounds for disciplinary action against a licensee under this article 295; (b) Has completed a four-year high school course or the equivalent thereof; and (c) Has completed and received a diploma from the required approved psychiatric technician education program.

C.R.S. § 12-295-107 Examinations - issuance of license after examination

12-295-107. Examinations - issuance of license after examination. (1) All applicants, unless licensed by endorsement, shall be required to pass a written examination. (2) Examinations shall be held within the state, at least once a year, at such times and places as the board shall determine. (3) The board shall issue a license to each applicant who passes the examination and who is not otherwise disqualified to receive a license under the provisions of this article 295.

C.R.S. § 12-295-108 License by endorsement

12-295-108. License by endorsement. The board may issue a license to an applicant who satisfies the requirements of the occupational credential portability program.

C.R.S. § 12-295-109 Approved psychiatric technician education program

12-295-109. Approved psychiatric technician education program. (1) (a) Any institution within the state of Colorado desiring to conduct an approved preservice psychiatric technician education program may apply to the board and submit evidence that it is prepared to carry out a psychiatric technician curriculum that contains theoretical content and clinical practice to prepare the psychiatric technician student to care for clients with intellectual and developmental disabilities or behavioral or mental health disorders in institutional and community settings. (b) Content in a psychiatric technician education program must include but is not limited to: (I) Fundamental nursing principles and skills; (II) Growth and developmental and other physical and behavioral skills; (III) Intellectual and developmental disabilities theory and rehabilitation nursing principles and skills if the technician is to be licensed to care for clients with intellectual and developmental disabilities; and (IV) Psychopathology and psychiatric nursing principles and skills if the technician is to be licensed to care for clients with behavioral or mental health disorders. (2) A survey of the institution and its entire psychiatric technician education program shall be made by the executive secretary or other authorized board employee. The survey may be conducted in conjunction with an authorized consultant appointed by the board. The persons making the survey shall submit a written report of the survey to the board. One or more board members may participate in any survey. (3) If the requirements of this article 295 for an approved psychiatric technician education program are met, the board must approve the institution as a psychiatric technician educational program for psychiatric technicians for work with patients with mental health disorders or intellectual and developmental disabilities, and the approval is valid for so long as the institution meets the requirements of this article 295. (4) The board shall examine, from time to time, the approved psychiatric technician education programs of all institutions in the state with approved programs. The executive secretary or other authorized representative of the board shall conduct the examinations and submit the examination results to the board in the form of written reports. If the board determines that an institution with an approved psychiatric technician education program is not maintaining the standards required by this article 295, the board shall serve notice of its determination in writing, specifying the defect, on the institution by certified mail, postage prepaid, return receipt requested. If the institution receiving the notice fails, within one year after mailing of the notice, to correct the conditions complained of in the notice, the board shall revoke the institution's authority to conduct an approved psychiatric technician education program. An institution has the right, at any time before the expiration of one year from the date it receives the notice, to demand and be granted a hearing before the board. In case of a demand, the board shall not take action until after the hearing.

C.R.S. § 12-295-110 Renewal of license

12-295-110. Renewal of license. (1) A license issued pursuant to this article 295 is subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2). Any person whose license has expired shall be subject to the penalties provided in this article 295 or section 12-20-202 (1). (2) A person who is not engaged as a psychiatric technician in the state shall not be required to pay a renewal fee for so long as the person does not so practice, but shall notify the board of the person's inactive status in writing. Prior to resumption of the practice as a psychiatric technician, the person shall be required to notify the board and remit a renewal fee for the current annual period. After a five-year period in an inactive status, the license may be renewed only by complying with the provisions in this article 295 relating to the issuance of an original license.

C.R.S. § 12-295-111 Grounds for discipline

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; ly 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.

C.R.S. § 12-295-112 Withholding or denial of license - hearing

12-295-112. Withholding or denial of license - hearing. (1) The board is empowered to determine summarily whether an applicant for a license to practice as a psychiatric technician possesses the qualifications required by this article 295 or whether there is probable cause to believe that an applicant has done any of the acts set forth in section 12-295-111 as grounds for discipline. As used in this section, "applicant" does not include a renewal applicant. (2) If the board determines that an applicant does not possess the qualifications required by this article 295 or that probable cause exists to believe that an applicant has done any of the acts set forth in section 12-295-111, the board may withhold or deny the applicant a license. In such instance, the provisions of section 24-4-104 (9) shall apply, and the board shall provide the applicant with a statement in writing setting forth the basis of the board's determination that the applicant does not possess the qualifications required by this article 295 or the factual basis for probable cause that the applicant has done any of the acts set forth in section 12-295-111. (3) If the applicant requests a hearing pursuant to the provisions of section 24-4-104 (9) and fails to appear without good cause at the hearing, the board may affirm its prior action of withholding or denial without conducting a hearing. (4) Following a hearing, the board shall affirm, modify, or reverse its prior action in accordance with its findings at the hearing. (5) No action shall lie against the board for withholding or denying a license without a hearing in accordance with the provisions of this section if the board acted reasonably and in good faith. (6) At the hearing, the applicant shall have the burden of proof to show that he or she possesses the qualifications required for licensure under this article 295. The board shall have the burden of proof to show commission of acts set forth in section 12-295-111.

C.R.S. § 12-295-113 Disciplinary proceedings

12-295-113. Disciplinary proceedings. Disciplinary proceedings under this article 295 shall be conducted pursuant to section 12-255-119.

C.R.S. § 12-295-114 Immunity in professional review

12-295-114. Immunity in professional review. (1) If a professional review committee is established pursuant to section 12-255-108 to investigate the quality of care being given by a person licensed pursuant to this article 295, it shall include in its membership at least three persons licensed in the same category as the licensee under review, but the committee may be authorized to act only by the board. (2) In addition to the persons specified in section 12-20-402, any member of a professional review committee, any member of a committee's staff, any person acting as a witness or consultant to a committee, any witness testifying in a proceeding authorized under this article 295, and any person who lodges a complaint pursuant to this article 295 is granted the same immunity, and is subject to the same conditions for immunity, as specified in section 12-20-402.

C.R.S. § 12-295-115 Surrender of license

12-295-115. Surrender of license. (1) Prior to the initiation of an investigation or hearing, any licensee may surrender his or her license to practice as a psychiatric technician. (2) Following the initiation of an investigation or hearing and upon a finding that to do so would be in the public interest, the board may allow a licensee to surrender his or her license to practice. (3) The board shall not issue a license to a former licensee whose license has been surrendered unless the licensee meets all of the requirements of this article 295 for a new applicant, including passing an examination. (4) The surrender of a license in accordance with this section removes all rights and privileges to practice as a psychiatric technician, including renewal of a license.

C.R.S. § 12-295-116 Judicial review

12-295-116. Judicial review. Section 12-20-408 governs judicial review of all final actions and orders of the board that are subject to judicial review.

C.R.S. § 12-295-117 Exclusions

12-295-117. Exclusions. (1) This article 295 does not affect or apply to the gratuitous care of a person with a behavioral or mental health disorder by friends or members of the family or to any person taking care of a person with a behavioral or mental health disorder for hire who does not represent himself or herself or hold himself or herself out to the public as a trained or licensed psychiatric technician; but a person for hire shall not hold himself or herself out as or perform the full duties of a psychiatric technician who is not a psychiatric technician licensed under the provisions of this article 295. (2) This article 295 shall not be construed to prohibit: (a) The practice as a psychiatric technician by students enrolled in an approved psychiatric technician education program or by graduates of an approved psychiatric technician education program pending the results of the first licensing examination scheduled by the board following their graduation; (b) Practical nursing; (c) Subsidiary workers in hospitals or similarly related institutions from assisting in the nursing care of patients where adequate medical and nursing supervision is provided; (d) Subsidiary workers in the offices of persons licensed to practice medicine or dentistry in this state from assisting in the care of patients under the personal and responsible supervision and direction of those persons; or (e) The practice of any legally qualified psychiatric technician of this state or another state who is employed by the United States government or any bureau, division, or agency thereof while in the discharge of his or her official duties. (3) No provision of this article 295 shall be construed as applying to any sanitarium, nursing home, or rest home conducted in accordance with the practice of the tenets of any religious denomination in which persons of good faith rely solely upon spiritual means or prayer in the free exercise of religion to prevent or cure disease.

C.R.S. § 12-295-118 Unauthorized practice - penalties

12-295-118. Unauthorized practice - penalties. (1) The practice as a psychiatric technician by any person who has not been issued a license under the provisions of this article 295, or whose license has been suspended or revoked, or has expired, is hereby declared to be inimical to the general public welfare and to constitute a public nuisance. (2) Any person who practices or offers or attempts to practice as a psychiatric technician without an active license issued under this article 295 is subject to penalties pursuant to section 12-20-407 (1)(a).

C.R.S. § 12-295-119 Professional nursing and the practice of a psychiatric technician - other groups

12-295-119. Professional nursing and the practice of a psychiatric technician - other groups. (1) Nothing in this article 295 shall be construed: (a) As conferring any authority to practice medicine or professional nursing or to undertake the treatment or care of disease, pain, injury, deformity, or physical or mental condition in violation of the law of this state; or (b) To enlarge or detract from the rights, powers, and duties of any other licensed business, occupation, or profession.

C.R.S. § 12-295-120 Confidential agreement to limit practice

12-295-120. Confidential agreement to limit practice. (1) Except as specified in subsection (2) of this section, section 12-30-108 concerning confidential agreements to limit practice applies to this article 295. (2) This section and section 12-30-108 do not apply to a psychiatric technician subject to discipline under section 12-295-111 (1)(i).
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-12.docxFetched: 10/6/2026

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