Impact of the New Regulation on Respiratory Care Practitioners (RCPs)

The Respiratory Care Board (RCB) has adopted a new regulation at California Code of Regulations section 1399.365 that defines the scope of basic respiratory tasks and services. This regulation clarifies which respiratory care tasks and services can be performed without requiring a respiratory assessment, ensuring patient safety and providing clear guidance to RCPs. This page outlines what this regulation means for your practice and professional duties.

What the Regulation Means for RCPs

• RCPs continue to perform comprehensive respiratory assessments and advanced respiratory care tasks.
• The regulation defines which respiratory tasks are considered “basic” and may be delegated to non-RCP personnel under supervision.
• This regulation helps delineate responsibilities, reducing ambiguity in team-based care and allowing RCPs to focus on tasks requiring advanced clinical judgment.
• Reporting concerns about improper delegation, performance, or respiratory care remains essential and can be done through the RCB’s complaint process.

Frequently Asked Questions

• Can the basic tasks be delegated to non-RCP personnel?

  Basic respiratory tasks listed in subdivision (b) of section 1399.365 may be delegated to qualified personnel such as LVNs when appropriate. Tasks excluded under subdivision (c), such as CPAP/BiPAP interface placement or oxygen titration, cannot be delegated. Delegation must always comply with current laws, employer policies, and competency requirements.

• Does this regulation change the scope of practice for RCPs?

  No. The regulation clarifies the distinction between basic tasks that may be performed by other trained staff and those requiring the expertise of a licensed RCP.

• What specific tasks have been classified as "basic" under the new regulation?

  Subdivision (b) of section 1399.365 lists basic tasks and services, such as pulse oximetry monitoring, patient data collection, aerosol medication administration without ventilator manipulation (e.g., handheld nebulizers or MDI with spacer), and basic tracheostomy site hygiene. A full list is available in section 1399.365(b).

• How does this regulation affect my responsibility for patient assessments?

  RCPs remain responsible for respiratory assessments, clinical judgment, and advanced ventilator management. Delegating basic tasks does not transfer this responsibility, and RCPs must ensure patient safety is maintained.

• Can LVNs or other staff apply CPAP or BiPAP masks or operate non-invasive ventilators?

  No. The initiation or operation of non-invasive ventilators, including placing or adjusting CPAP/BiPAP masks, is excluded from basic tasks under section 1399.365(c). These functions fall exclusively within the scope of licensed RCPs.

• Can LVNs or other staff initiate, adjust, or titrate oxygen?

  No. Adjustment of oxygen liter flow or concentration is specifically excluded under section 1399.365(c). While trained unlicensed personnel may apply oxygen delivery devices (mask, cannula) when directed, only an RCP may initiate or adjust oxygen therapy.

• What should I do if I observe a basic task performed improperly?

  Report the issue to your supervisor or facility compliance officer. If the task involves potential violations of respiratory care law or regulations, it may also need to be reported to the RCB. Patient safety should always be the top priority.

• How do I report a violation of respiratory care laws or regulations?

  If you believe a violation of the Respiratory Care Practice Act or related regulations has occurred, you may file a complaint with the RCB. Complaints can be submitted online, by mail, fax, or phone. For more information and to access the complaint form, visit rcb.ca.gov/licensees/lic_file_a_complaint.shtml, email rcbinfo@dca.ca.gov, or call (916) 999-2190.

Need More Information?

If you have questions, please contact the RCB at (916) 999-2190 or rcbinfo@dca.ca.gov.