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Board seeks legislative fixes after respiratory-care rules prompt broad concern over LVN scope
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Summary
Board directed staff to pursue legislative language expanding civil Good Samaritan protections and to coordinate with the Respiratory Care Board, after public commenters and stakeholders warned recent RCB emergency regulations restricting LVN tasks could displace patients and disrupt services in schools, home care and long-term care.
The Board of Vocational Nursing and Psychiatric Technicians voted Nov. 18 to pursue legislative clarifications after hearing widespread concern about a recent regulatory package from the Respiratory Care Board (RCB).
Executive Officer Elaine Yamaguchi summarized the issue: the RCB held a well-attended Oct. 24 meeting with roughly 500 online participants and four hours of public comment, and subsequently approved emergency regulations that carve out certain employment settings and delay full implementation. Yamaguchi and board staff said the board is concerned about unintended consequences — particularly the loss of LVN-provided services in home and community-based care, schools, and long-term care — and proposed several steps to reduce harm.
The board approved two related actions: (1) authorize the executive officer to seek a legislative amendment to Business and Professions Code to add narrowly tailored civil Good Samaritan protections that explicitly cover LVNs providing emergency care both inside and outside the workplace; and (2) direct staff to coordinate with the Respiratory Care Board and other stakeholders to explore a post-licensure certification pathway and additional legislative or regulatory options to preserve access to care while maintaining public safety.
Public commenters urged rapid action. A parent of a child who depends on a tracheostomy and ventilator told the board that LVNs have enabled her son to live at home and attend school; she warned the new RCB interpretation could lock thousands of children and adults out of community-based care. Representatives from the Association of Regional Center Agencies and LeadingAge California said the emergency regulations as drafted are too narrow and could displace large numbers of vulnerable Californians.
Quote: "Disabled people who are dependent on tracheostomy and ventilator care have a right to live in their own homes," a parent said during public comment.
What’s next: The board instructed staff to contact RCB and legislative offices to develop precise draft language expanding civil protections and to return to the board with recommendations for a potential certification program and stakeholder outreach plan.
