§ 3765. — 3765. (Amended by Stats. 2025, Ch. 582, Sec. 1.)

California § 3765.

• Jurisdiction: California
• Code BPC: Business and Professions Code - BPC
• Div. 2.: DIVISION 2. HEALING ARTS
• Ch. 8.3.: CHAPTER 8.3. Respiratory Therapy
• Art. 6.: ARTICLE 6. Offenses and Enforcement

Text

This act does not prohibit any of the following activities:
(a)
The performance of respiratory care that is an integral part of the program of study by students enrolled in approved respiratory therapy training programs.
(b)
Self-care by the patient or the gratuitous care by a friend or member of the family who does not represent or hold themselves out to be a respiratory care practitioner licensed under the provisions of this chapter.
(c)
The respiratory care practitioner from performing advances in the art and techniques of respiratory care learned through formal or specialized training.
(d)
The performance of respiratory care in an emergency situation by paramedical personnel who have been formally trained in these modalities and are duly licensed under the provisions of an act pertaining to their specialty.
(e)
Temporary performance, by other health care personnel, students, or groups, of respiratory care services, as identified and authorized by the board, in the event of an epidemic, pandemic, public disaster, or emergency.
(f)
Persons from engaging in cardiopulmonary research.
(g)
Formally trained licensees and staff of child day care facilities from administering to a child inhaled medication as defined in Section 1596.798 of the Health and Safety Code.
(h)
The performance by a person employed by a home medical device
retail facility or by a home health agency licensed by the State Department of Public Health of specific, limited, and basic respiratory care or respiratory care-related services that have been authorized by the board.
(i)
The performance, by a vocational nurse licensed by the Board of Vocational Nursing and Psychiatric Technicians of the State of California who is employed by a home health agency licensed by the State Department of Public Health, of respiratory tasks and services identified by the board, if the licensed vocational nurse complies with the following:
(1)
Before January 1, 2028, the licensed vocational nurse has completed patient-specific training satisfactory to their employer.
(2)
On or after January 1, 2028, the licensed vocational nurse has completed patient-specific training by the employer in
accordance with guidelines that shall be promulgated by the board no later than January 1, 2028, in collaboration with the Board of Vocational Nursing and Psychiatric Technicians of the State of California.
(j)
The performance of respiratory care services identified by the board by a licensed vocational nurse who satisfies the requirements in paragraph (1) in the settings listed in paragraph (2).
(1)
(A)
The licensed vocational nurse is licensed pursuant to Chapter 6.5 (commencing with Section 2840).
(B)
The licensed vocational nurse has completed patient-specific training satisfactory to their employer.
(C)
The licensed vocational nurse holds a current and valid certification of competency for each respiratory task to be performed
from the California Association of Medical Product Suppliers, the California Society for Respiratory Care, or another organization identified by the board.
(2)
A licensed vocational nurse may perform the respiratory care services identified by the board pursuant to this subdivision in the following settings:
(A)
At a congregate living health facility licensed by the State Department of Public Health that is designated as six beds or fewer.
(B)
At an intermediate care facility licensed by the State Department of Public Health that is designated as six beds or fewer.
(C)
At an adult day health care center licensed by the State Department of Public Health.
(D)
As an employee of a home health
agency licensed by the State Department of Public Health or an individual nurse provider working in a residential home.
(E)
At a pediatric day health and respite care facility licensed by the State Department of Public Health.
(F)
At a small family home licensed by the State Department of Social Services that is designated as six beds or fewer.
(G)
As a private duty nurse as part of daily transportation and activities outside a patient’s residence or family respite for home- and community-based patients.
(3)
This subdivision is operative on January 1, 2028.
(k)
The performance of pulmonary function testing by persons who are currently employed by Los Angeles County hospitals and have
performed pulmonary function testing for at least 15 years.
(l)
The performance of suctioning and other basic respiratory tasks and services by a vocational nurse licensed by the Board of Vocational Nursing and Psychiatric Technicians of the State of California under the supervision of a credentialed school nurse in accordance with Sections 49423.5 and 49426.5 of the Education Code.

Legislative History

Amended by Stats. 2025, Ch. 582, Sec. 1. (SB 389) Effective January 1, 2026.