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?

  Yes, the basic respiratory tasks can be delegated to qualified personnel such as LVNs when appropriate.

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

  No, the regulation clarifies the distinction between basic tasks and those requiring an RCP’s expertise.

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

  Subdivision (b) of section 1399.365 lists basic tasks and services, including pulse oximetry monitoring, patient data collection, aerosol medication administration without ventilator manipulation, and basic hygiene care for tracheostomy sites.

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

  RCPs remain responsible for respiratory assessments and advanced ventilator management. Basic tasks do not require a respiratory assessment.

• Can I delegate basic respiratory tasks to LVNs or other staff under this regulation?

  The regulation clarifies which tasks do not require RCP assessment, and can therefore potentially be delegated. However, delegation of any respiratory tasks must comply with current laws, employer policies and training, and competency requirements.

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

  Report it to your supervisor or the appropriate authority. Patient safety remains the top priority, and tasks performed or attempted to be performed beyond one's competence should be addressed promptly.

• 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, including the new Basic Tasks and Services regulation, 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. You can also contact the RCB by email at rcbinfo@dca.ca.gov or by phone at (916) 999-2190.

Need More Information?

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