Outpouring of Testimony Greets RCB Board Meeting

More than one hundred persons attended in person and an additional 400 via Webex the Respiratory Care Board’s meeting on October 24, 2025 in Sacramento. 

There were three items of interest on the agenda. In the Executive Officer’s Report, Christina Molina mentioned proposed legislation sponsored by the Pediatric Day Care Centers which would combine Sections 3765 (a) (i) pertaining to home health agencies and 3765 (c) (j) (2) pertaining to home and community-based settings. CAHSAH Acting President Joe Hafkenschiel testified that CAHSAH had not been consulted on this proposal and, therefore, opposed it at the present time. 

There was then public testimony on the Basic Tasks and Services regulations. Thirty-one persons testified. Another group commented vis Webex. The commenters included patients, families, Pediatric Day Health Centers, the Los Angeles School District, Registered and Licensed Vocational Nurses (LVNs), the State Council on Developmental Disabilities, Nursing Facilities, the California Association of Health Facilities (CAHF), and Congregate Health Living Facilities. 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 institutions. 

The third agenda item was a proposed regulation to adopt CCR, Title 16, Section 399.361 Home and Community-based Respiratory Tasks and Services. Essentially, these regulations would allow LVNs employed by a home health agency or working in designated home and community-based settings to perform respiratory tasks which go beyond the basic level. Some of these tasks include Ventilator Setup, Oxygen Setup and Management, Tracheostomy Care, Respiratory Treatments, Therapies and Device Management, and Tracheal Suctioning. 

The upshot of the meeting was that LVNs in home health agencies and home and community based settings may perform only the basic tasks and services listed in Section 1399.365. Under the proposed regulations in Section 1399.361, additional tasks will be added when these regulations become effective. Notably, RCB stated it will not sanction LVNs who perform tasks which exceed the basic tasks unless there is an allegation of gross negligence or something similar.