Capitol Corner | November 2025

On October 24, I witnessed a concerning example of a regulatory board that is out of touch with reality.  The Respiratory Care Board (RCB) held a meeting to discuss its October 1, 2025 regulations on basic respiratory care and services.  Also on the agenda were proposed regulations on home and community-based respiratory tasks and services.

These regulations have a long history.  It began with passage of Senate Bill (SB) 1003 (2017-2018) which gave the RCB authority to define different levels of respiratory care.  Then came SB 1436 in 2022 which authorized Licensed Vocational Nurses (LVNs) to perform respiratory tasks which do not require an assessment.  This was followed in 2024 with SB 1451 which authorized an LVN to perform tasks authorized by the RCB while practicing in certain settings if the LVN has completed patient-specific training and has been competency-certified.

All of this is to say that the RCB has not come very far in a very long period of time.  They also appear to be tone deaf to the sentiments of the general public.  At the October 24 hearing, thirty-one persons testified in person and another large group via Webex.  Almost all commenters testified that LVNs had the knowledge, skills and experience to continue to safely deliver care.  Almost all said the regulations would increase the cost of care and force those in home and community-based settings to return to more costly institutions

Despite the antediluvian attitude of the RCB, CAHSAH will remail engaged.  We will participate in the development of emergency regulations to expand the scope of tasks LVNs may perform.  And, we will continue to urge the RCB to clarify current standards, preserve care currently being provided and allow patients to be safely cared for in their own homes.