What the New Regulation Means for Patients and the Public

The Respiratory Care Board (RCB) has introduced a new regulation under California Code of Regulations section 1399.365 that defines which basic respiratory tasks and services can be safely performed without a respiratory assessment. These rules help protect patient safety by clarifying the scope of respiratory care tasks provided by healthcare workers. This page offers information to help you understand how this regulation affects your care and what to expect from respiratory care providers.

What You Should Know

• Basic respiratory tasks, such as monitoring oxygen saturation, collecting data, and administering aerosol medications, can be performed safely by trained caregivers like Licensed Vocational Nurses (LVNs), when properly supervised.
• Advanced respiratory care, including ventilator management, tracheal suctioning, and respiratory assessments, must be performed by licensed professionals such as Respiratory Care Practitioners (RCPs) or Registered Nurses (RNs).
• This regulation helps clarify who can perform which tasks, improving transparency and safety across healthcare settings.
• The RCB enforces these rules to protect patients and ensure high standards in respiratory care delivery.
• New exemptions are in development that may allow LVNs to provide additional respiratory services in home health and certain community-based care settings. These will be announced once finalized.
• If you have concerns about the respiratory care you or a loved one received, you can report them through the RCB’s consumer complaint process at rcb.ca.gov.

Frequently Asked Questions

• Who performs my respiratory care tasks?

  Basic tasks may be performed by LNVs or other trained health care workers under supervision, while complex care is handled by RCPs.

• How can I be sure my care is safe?

  The RCB regulates respiratory care practitioners and monitors compliance to protect patients.

• How does this regulation improve patient safety?

  Clear definitions and task limitations reduce errors, ensure proper delegation, and promote training and competency among caregivers.

• Can I ask about the qualifications of the person providing my respiratory care?

  Yes, you have the right to know who is providing your care and their qualifications. Feel free to ask your health care provider or facility staff.

• How do I report concerns about respiratory care I receive?

  You can start by contacting your health care facility’s patient advocate or nursing supervisor to address your concerns directly. If you feel the issue is not resolved or involves potential violations of respiratory care laws or regulations, you can file a complaint with the RCB. Complaints can be submitted online through the RCB’s official complaint form on their website, by mail, fax, or phone. For more information and to access the complaint form, visit rcb.ca.gov/consumers/cons_file_a_complaint.shtml. You can also reach the RCB by email at rcbinfo@dca.ca.gov or by phone at 916-999-2190 for assistance.

Have Questions?

Please contact the RCB at (916) 999-2190 or rcbinfo@dca.ca.gov for more information.