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Board backs bill to protect LVN respiratory care in schools as Respiratory Care Board moves on carve‑outs
Summary
The board discussed recent rule‑making by the Respiratory Care Board and voted to support SB 389, a measure intended to preserve licensed vocational nurses' ability to provide basic respiratory services in school settings while respiratory care regulators complete rulemaking.
The Board of Vocational Nursing and Psychiatric Technicians heard an update from Executive Officer Elaine Yamaguchi and education staff about recent rulemaking activity by the Respiratory Care Board of California and voted to support SB 389, a bill intended to ensure licensed vocational nurses (LVNs) working under supervision can continue to provide basic respiratory services for pupils.
Yamaguchi told the board the Respiratory Care Board had approved an initial rulemaking package that would narrow some respiratory care tasks — specifically listing suctioning — and that the RCB was considering additional, sequential rulemakings that could carve out home health, congregate care and other settings. Yamaguchi said the issue prompted objections from school nurses, who said limiting LVNs’ ability to suction would put students with complex needs at risk of losing access to public education services.
Education analyst Nicholas Gonzales described amendments the Legislature had made to SB 389, which adds a statutory reference allowing LVNs supervised by a credentialed nurse to perform “basic respiratory tasks and services” but relies on future regulation to define the term. Gonzales cautioned that the term “basic respiratory tasks” is not yet defined in regulations and that the board should watch implementation closely.
Board member John Dierking urged continued collaboration with the Respiratory Care Board and with school‑nurse stakeholders to preserve access to care for students and in underserved areas. Public commenters who identified themselves as veteran LVNs urged the board to protect scope of practice; Shirley Jones, president of an LVN organization, said LVNs have “always been able to suction patients” and urged the board to preserve that role.
The board voted to support SB 389; the recorded roll call in the legislative session showed the board carried the recommendation with a majority vote.
Why it matters: The Respiratory Care Board’s regulatory work and this bill intersect with LVN scope of practice. If RCB rulemaking narrows tasks and statute is not clear, LVNs who currently provide suctioning and related respiratory supports in schools and some community settings could face new restrictions. SB 389 aims to preserve LVN practice for school settings while regulators finalize definitions.
Next steps: Staff said it would continue monitoring Respiratory Care Board rulemaking and legislative amendments, and the board will receive follow‑up briefings as RCB language evolves.
