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Board addresses respiratory‑care rules limiting LVN tasks and seeks legislative, stakeholder remedies
Summary
After public testimony from families and provider groups, the board directed staff to pursue legislative clarifications (including a Good Samaritan civil‑liability expansion for in‑workplace emergency care), engage the respiratory care board and stakeholders on training and certification options, and consider urgent transitional protections for vulnerable populations.
The Board of Vocational Nursing and Psychiatric Technicians took up an extended discussion on Nov. 18 about recent respiratory care board (RCB) regulations that narrowed where licensed vocational nurses (LVNs) may perform respiratory tasks — including suctioning — and the impacts of those changes on people who rely on LVN care in homes, schools and community programs.
Executive Officer Yamaguchi summarized the RCB rulemaking and said the RCB approved emergency regulations to delay full implementation in several settings but that substantial concerns remain. She told the board that BVNPT staff plan to engage RCB and other stakeholders to identify workable solutions such as post‑licensure certification and clearer cross‑board agreements.
Public commenters described real‑time consequences. A parent said her child, who requires tracheostomy and ventilator care, depends on LVN caregivers to attend school and live at home; she warned that the regulation change, implemented Oct. 1, risks locking children out of school and people out of their homes. The Association of Regional Center Agencies urged BVNPT to be a stakeholder and help widen any emergency exemptions; LeadingAge California and provider groups described how long‑term care facilities rely on LVNs and urged expedited remedies.
Board action and next steps - The board approved staff requests to seek legislation to expand existing Good Samaritan civil‑liability protection (Business & Professions Code 2861.5, as discussed in the meeting) to cover emergency care provided by LVNs at the workplace as well as off‑site emergencies. Counsel clarified that the proposed change concerns civil liability (suits by patients), not licensing discipline. - The board authorized staff to communicate and coordinate actively with RCB and stakeholders and to examine post‑licensure certification options that could allow competent LVNs to perform specific respiratory tasks after additional training. - Board members requested broad stakeholder engagement and legislative follow‑up to ensure transitional protections for students and home‑based clients who rely on LVN care.
Several speakers urged rapid action. Sydney Jackson of the Association of Regional Center Agencies described estimated large numbers of people at risk of displacement from community programs and group homes if LVN access to respiratory tasks is curtailed in practice. Multiple commenters called for legislative and administrative solutions that preserve access to essential care while assuring training and public safety.
The board voted to move forward with the Good Samaritan legislative language and to pursue stakeholder meetings and potential pilot/post‑licensure training concepts; staff will report back with legislative language and outreach plans.
