Impact of the New Regulation on Employers and Health Care Providers

The Respiratory Care Board (RCB) has enacted a new regulation at California Code of Regulations section 1399.365 that specifies the basic respiratory tasks and services that can be performed safely without respiratory assessments. The regulation provides employers and healthcare providers with clear guidelines on staff roles, delegation of respiratory tasks and services, and compliance requirements to ensure quality respiratory care delivery. This page explains what this regulation means for your organization and staffing practices.

What the Regulation Means for Employers

• Employers must ensure that staff perform only those respiratory tasks within their authorized scope of practice, as defined by the new regulation.
• Proper training and supervision must be provided for non-RCP personnel, such as LVNs, who are assigned basic respiratory tasks.
• Job descriptions, protocols, and delegation procedures should be updated to reflect the new regulatory definitions.
• Documentation and quality assurance processes should align with regulatory requirements and include competency assessments for delegated tasks.
• Clear communication with staff about roles, responsibilities, and supervision requirements is essential to maintain compliance and patient safety.
• Employers should monitor updates from the RCB regarding future exemptions for LVNs in home health and community-based settings and adjust internal policies accordingly.
• Concerns about improper delegation of respiratory care practices should be reported through the RCB’s employer complaint process at rcb.ca.gov.

Frequently Asked Questions

• How should employers ensure compliance with the new regulation?

  By verifying employee credentials, providing training, and implementing supervision consistent with the regulation’s scope of practice definitions.

• Are there new reporting requirements?

  The regulation reinforces existing documentation standards for respiratory care but does not add new reporting obligations.

• How should we update our policies based on the new regulation?

  Review job descriptions and scopes of practice to align with the regulation. Clearly define which staff may perform basic respiratory tasks and ensure proper training and supervision are in place.

• What is the impact on staffing and delegation?

  The regulation may allow more flexibility in delegating basic tasks to LVNs and other trained personnel, helping optimize workforce utilization while maintaining safety.

• Are there liability concerns with delegating these tasks?

  Employers should ensure delegated tasks are performed by competent staff under appropriate supervision, following regulatory guidance and facility policies.

• How can we stay informed about pending exemptions for LVNs?

  The RCB will publish updates on exemptions and regulations. Employers should monitor the RCB website and communicate with staff accordingly.

• What training resources are available to ensure compliance?

  The RCB encourages employers to use or develop training programs that cover the defined basic respiratory tasks, emphasizing patient safety and competency.

• How can employers report violations or concerns about an RCP?

  Employers who have concerns about a licensed respiratory care practitioner’s conduct or practice may file a complaint with the RCB. Complaints can be submitted online, by mail, fax, or phone. For detailed instructions and to access the employer complaint form, visit rcb.ca.gov/consumers/emp_file_a_complaint.shtml. For questions or assistance, contact the RCB by email at rcbinfo@dca.ca.gov or call (916) 999-2190.

Need More Information?

For assistance, contact the RCB at (916) 999-2190 or rcbinfo@dca.ca.gov.