Impact of the New Regulation on Licensed Vocational Nurses (LVNs)
The Respiratory Care Board (RCB) has adopted a regulation at California Code of Regulations, title 16 (CCR), section 1399.365 that defines which respiratory tasks and services may be performed without a respiratory assessment. While the regulation does not identify specific license types, it provides important clarification regarding the performance of basic respiratory tasks by healthcare personnel, including licensed vocational nurses (LVNs), within clearly defined limits.
What This Means for LVNs
- LVNs may perform respiratory tasks classified as basic respiratory tasks under CCR section 1399.365(b), which are tasks that do not require a respiratory assessment.
- Respiratory tasks and services listed in CCR section 1399.365(c) are not classified as basic respiratory tasks and require a respiratory assessment.
- Respiratory tasks that require a respiratory assessment must be performed by a licensed Respiratory Care Practitioner (RCP) or another provider authorized by law, such as a Registered Nurse (RN).
- Clear classification of respiratory tasks supports patient safety and consistent practice across care settings.
School-Only Exemption – SB 389 (Effective January 1, 2026)
Senate Bill 389 (SB 389) added Business and Professions Code § 3765(l), which authorizes LVNs, when working under the supervision of a credentialed school nurse, to perform suctioning and other basic respiratory tasks and services for students in school settings.
Effective Date: January 1, 2026
Additional information is available on the RCB’s SB 389 information page.
Exempt Settings – Information for LVNs
California law includes statutory exemptions under Business and Professions Code section 3765, subdivisions (i) and (j) , which identify certain home and community-based exempt settings where licensed vocational nurses (LVNs) may perform respiratory care services that are identified by the RCB, subject to specific conditions.
An emergency amendment effective January 12, 2026, clarified that CCR section 1399.365 does not apply to LVNs performing respiratory care services identified by the Board while working in, and under the conditions specified for, the exempt settings listed in Business and Professions Code section 3765, subdivisions (i) and (j) .
At its November 14, 2025, Board Meeting, the Board approved proposed regulatory text identifying respiratory care services that LVNs may perform in these exempt settings. Staff is continuing the formal rulemaking process with the Office of Administrative Law.
LVNs who wish to receive updates as this process moves forward are encouraged to subscribe to the RCB’s
email updates:
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Need More Information?
For a full overview of basic respiratory tasks and services under CCR section 1399.365, please visit the Basic Respiratory Tasks and Services page.
Common questions about CCR section 1399.365 are addressed below:
Contact the RCB at (916) 999-2190 or rcbinfo@dca.ca.gov.
