Sunset Review of the Respiratory Care Board and CAHSAH's Assembly Bill 2096

On March 24th, the California Assembly Business and Professions Committee and the Senate Business, Professions and Economic Development Committee held a joint sunset review oversight hearing to review the boards and bureaus under the Department of Consumer Affairs (DCA), which included the Respiratory Care Board (RCB). During the hearing several testimonies were provided by families, LVNs and home health providers to emphasize the unintended consequences of the California Code of Regulations (CCR), Section 1399.365 on home and community services that created uncertainty for when and where LVNs can perform basic respiratory tasks and services.

While the RCB issued emergency regulations to clarify that CCR, Section 1399.365 does not apply to LVNs performing respiratory care services while working in certain home and community-based exempt settings listed in subdivisions (i) and (j) of section 3765 of the Business and Professions Code, this has only led to additional issues as not all settings were made exempt including those served by home health agencies.

AB 2096, co-sponsored by CAHSAH, seeks to address this issue by directly amending the Business and Professions Code, Section 3765 to ensure LVNs are exempt entirely from the RCB's oversight.

On March 27th, the RCB held a public board meeting that included review of AB 2096. During this meeting the board voted on taking an oppose position to the bill. The RCB will support addressing this issue through a forthcoming sunset bill that will seek a similar statutory remedy.

CAHSAH will continue to support AB 2096 along with several other health care and education partners until there is a clear path forward to ensure this issue has a meaningful and unifying solution.