AB 2096: Vocational nursing: respiratory care.
This bill aims to allow licensed vocational nurses to perform a full range of respiratory tasks and services, consistent with their existing scope of practice. The bill would remove exemptions that currently limit the scope of practice for licensed vocational nurses in respiratory care. The goal is to enable vocational nurses to provide comprehensive respiratory care, similar to what they could do before 2023. The bill would make conforming changes to reflect these changes in the law.
| Mar. 09, 2026 | Referred to Com. on B. & P. |
| Feb. 19, 2026 | From printer. May be heard in committee March 21. |
| Feb. 18, 2026 | Read first time. To print. |
| Introduced by Assembly Member Pacheco |
February 18, 2026 |
LEGISLATIVE COUNSEL'S DIGEST
The people of the State of California do enact as follows:
SECTION 1.
Section 2860 of the Business and Professions Code is amended to read:2860.
(a) This chapter confers no authority to practice medicine or(b)Notwithstanding subdivision (a), a licensed vocational nurse who has received training and who demonstrates competency satisfactory to their employer may, when directed by a physician and surgeon, perform respiratory tasks and services expressly identified by the Respiratory Care Board of California pursuant to subdivision (a) of Section 3702.5.
SEC. 2.
Section 3765 of the Business and Professions Code is amended to read:3765.
This act does not prohibit any of the following activities:(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)
(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.
SEC. 3.
Section 49423.5 of the Education Code is amended to read:49423.5.
(a) Notwithstanding Section 49422, an individual with exceptional needs who requires specialized physical health care services, during the regular schoolday, may be assisted by any of the following individuals:(3)For basic respiratory services authorized by subdivision (l) of Section 3765 of the Business and Professions Code, 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.