Senate BillChaptered/SignedBusiness and Professions
SB 1304: Respiratory Care Practice Act.
What SB 1304 does, verified September 22, 2026
<p>The bill amends sections of California's Business and Professions Code related to the Respiratory Care Practice Act. It extends the operation of the Respiratory Care Board of California until January 1, 2031, increases license renewal fees to $330 (with a potential increase to $375), and removes an initial license fee provision.</p> <p>The bill also updates licensing requirements for respiratory care practitioners by mandating successful completion of the National Board for Respiratory Care’s Respiratory Therapy Examination. It requires the board to suspend or revoke licenses for certain felony convictions, regardless of whether they occurred during practice.</p> <p>Additionally, the bill expands the settings in which licensed vocational nurses can perform basic respiratory tasks and services beyond home health agencies to include congregate living health facilities, group homes, and…
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Last action: Chaptered by Secretary of State. Chapter 431, Statutes of 2026. (2026-09-20)Alert me
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| Sep. 20, 2026 | Chaptered by Secretary of State. Chapter 431, Statutes of 2026. |
| Sep. 20, 2026 | Approved by the Governor. |
| Aug. 31, 2026 | Enrolled and presented to the Governor at 6 p.m. |
| Aug. 27, 2026 | Assembly amendments concurred in. (Ayes 40. Noes 0.) Ordered to engrossing and enrolling. |
| Aug. 26, 2026 | Read third time. Passed. (Ayes 72. Noes 0. Page 6608.) Ordered to the Senate. |
Latest bill textChaptered version, September 20, 2026 · 3,898 words
Senate Bill No. 1304
CHAPTER 431
An act to amend Sections 2860, 3710, 3716, 3735, 3762, 3765, and 3775 of, and to add Section 3752.8 to, the Business and Professions Code, and to amend Section 49423.5 of the Education Code, relating to healing arts.
[ Approved by Governor September 20, 2026. Filed with Secretary of State September 20, 2026. ]
LEGISLATIVE COUNSEL'S DIGEST
SB 1304, Wahab. Respiratory Care Practice Act.
Existing law, the Respiratory Care Practice Act, establishes the Respiratory Care Board of California to license and regulate respiratory care practitioners. Existing law authorizes the board to employ an executive office, as specified. Existing law establishes fees for license and examination requirements for respiratory care practitioners, including an initial license fee of no more than $300 and a license renewal fee at $230, as specified. Existing law authorizes the board to increase the license renewal fee, by regulation, to no more than $330. Existing law repeals the existence of the board and the authority for employment of an executive officer on January 1, 2027.
This bill would extend the operation of the existence of the board and the executive officer to January 1, 2031, and would delete the initial license fee provision. The bill would increase the license renewal fee to $330 and would authorize the board to increase the license renewal fee, by regulation, to $375.
Existing law establishes requirements for licensure as a respiratory care practitioner and generally prohibits an applicant for licensure from being licensed without first successfully passing the National Board for Respiratory Care’s Therapist Multiple-Choice Examination, at the cut-off level required to qualify for the Clinical Simulation Examination, and the Clinical Simulation Examination, or any succeeding examinations.
This bill would revise the above provision to instead prohibit an applicant from being licensed under these provisions without first successfully passing the National Board for Respiratory Care’s Respiratory Therapy Examination, at the cut-off level required to qualify for the Registered Respiratory Therapist credential, or any succeeding examinations.
Existing law authorizes the board to order the denial, suspension, or revocation of, or the imposition of probationary conditions upon, a license of a respiratory care practitioner for certain specified acts, including the commission of any fraudulent, dishonest, or corrupt act that is substantially related to the qualifications, functions, or duties of a licensee. Existing law further requires the board to revoke or suspend a license for the conviction of a crime that is substantially related to the qualifications, functions, or duties of a licensee. Existing law deems a crime involving sexual misconduct or attempted sexual misconduct, regardless of whether committed with a patient, to be a substantially related crime and requires the board to revoke a license for sexual contact with a patient or for the commission of, or conviction for, a sex offense, as defined.
This bill would additionally require the board to suspend the license of a respiratory care practitioner convicted of specified felonies, regardless of whether the offense was committed in the course of practice, and notwithstanding any other provision. The bill would require the board to revoke the license if the specified conviction becomes final. The bill would authorize the board to decline to impose or to set aside a suspension in the interest of justice and would require the board to rescind a license suspension or revocation if the conviction is overturned, as provided. The bill would authorize a licensee to request a hearing to determine the appropriate level of discipline and would prohibit an administrative law judge from considering expert testimony regarding whether the conviction is substantially related to the practice of respiratory care.
The Respiratory Care Practice Act authorizes the board to promulgate regulations defining specified levels of respiratory care, with each requiring a greater degree of training or skill to perform. Existing law specifies the lowest level as basic services, which are tasks or services that do not require a respiratory assessment and only require manual, technical skills, or data collection. Existing law, the Vocational Nursing Practice Act, limits a licensed vocational nurse to basic respiratory tasks and services, as prescribed.
Existing law exempts from the Respiratory Care Practice Act specified tasks performed by a licensed vocational nurse. In this regard, existing law authorizes a licensed vocational nurse to perform respiratory tasks and services under specified circumstances that vary depending on the task or service, the nurse’s training, demonstrated competency, and employer, and the setting in which the task or service is performed, as provided. Specifically, existing law authorizes a licensed vocational nurse who is employed by a home health agency to perform respiratory tasks and services identified by the board if, on or before January 1, 2028, the licensed vocational nurse has completed patient-specific training satisfactory to their employer, and, on and after that date, the licensed vocational nurse has completed that training in accordance with guidelines promulgated by the board, in collaboration with the Board of Vocational Nursing and Psychiatric Technicians of the State of California.
This bill would expand the respiratory tasks and services a licensed vocational nurse is authorized to perform. In this regard, the bill would remove the above requirement that a licensed vocational nurse be employed by a home health agency to perform respiratory tasks and services identified by the board, and would, instead, authorize a licensed vocational nurse to perform these services in expanded settings, including, among others, congregate living health facilities, group homes, and adult residential facilities. The bill would authorize a licensed vocational nurse to perform certain suctioning tasks, as specified.
Existing law specifies that the Respiratory Care Practice Act is not intended to limit, preclude, or otherwise interfere with the practice of other licensed personnel carrying out authorized and customary duties and functions.
This bill would provide that certain activities are not considered to be practicing respiratory care, including documenting observations and gathering and reporting data to another health care provider, as specified.
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 surgery, to provide respiratory care services and treatment, or to undertake the prevention, treatment, or cure of disease, pain, injury, deformity, or mental or physical condition in violation of any provision of law.(b) (1) 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.
(2) Notwithstanding paragraph (1), a licensed vocational nurse may perform the respiratory tasks and services as authorized under paragraph (9) of subdivision (a) of Section 3765.
(c) Notwithstanding any other law except subdivision (a) of Section 2859, the practice of vocational nursing includes all of the following:
(1) Oral suctioning performed within the oral cavity that does not enter the oropharynx or beyond.
(2) Nasal suctioning performed within the nasal cavity that does not enter the nasopharynx or beyond.
(3) Tracheostomy tube suctioning when the suctioning device remains within the tracheostomy tube and does not pass beyond the distal end of the tube.
(4) Removal and replacement of an external speaking valve for purposes of suctioning the tracheostomy tube.
SEC. 2.
Section 3710 of the Business and Professions Code is amended to read:3710.
(a) The Respiratory Care Board of California, hereafter referred to as the board, shall enforce and administer this chapter.(b) This section shall remain in effect only until January 1, 2031, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 3.
Section 3716 of the Business and Professions Code is amended to read:3716.
(a) The board may employ an executive officer exempt from civil service and, subject to the provisions of law relating to civil service, clerical assistants and, except as provided in Section 159.5, other employees as it may deem necessary to carry out its powers and duties.(b) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 4.
Section 3735 of the Business and Professions Code is amended to read:3735.
(a) Except as otherwise provided in this chapter, an applicant shall not receive a license under this chapter without first successfully passing the National Board for Respiratory Care’s Respiratory Therapy Examination, at the cut-off level required to qualify for the Registered Respiratory Therapist credential, or any succeeding examinations.(b) Notwithstanding subdivision (a), any person applying for licensure who provides evidence that they passed the national Certified Respiratory Therapist Examination or Written Registry Examination before January 1, 2015, shall be deemed to have met the examination requirement of subdivision (a), provided there is no evidence of prior license or job-related discipline, as determined by the board in its discretion.
SEC. 5.
Section 3752.8 is added to the Business and Professions Code, to read:3752.8.
(a) The board shall suspend a license under the following conditions:(1) Notwithstanding any other provision of this chapter, the board or its designee shall automatically suspend a license following a conviction of a felony by a licensee, where the conviction involves a violation of one or more of the sections identified in subdivision (b), whether in the course of the licensee’s practice as a respiratory care practitioner or otherwise.
(2) The suspension shall remain in effect until the time for appeal has elapsed, if no appeal has been taken, or until the judgment of conviction has been affirmed on appeal, or has otherwise become final, and until further order of the board.
(3) The board or its designee may decline to impose or may set aside the suspension when it appears to be in the best interest of justice to do so, with due regard being given to maintaining the integrity of, and confidence in, the profession.
(b) The offenses subject to this section include all of the following:
(1) A violation of Section 726.
(2) An offense described in subdivision (c) or (d) of Section 290 of the Penal Code.
(3) A serious felony, as defined in Section 1192.7 of the Penal Code.
(c) The board shall revoke a license under the following conditions:
(1) Following the conviction of a felony, as described in subdivision (b), the board or its designee shall automatically revoke a license at the time that the appeal has elapsed with no appeal having been taken, or the judgment of conviction has been affirmed on appeal, the judgment of conviction has otherwise become final.
(2) If the related conviction of the licensee is overturned on appeal, no revocation order shall be issued as to that conviction, and any suspension order issued pursuant to the above shall be rescinded, unless that order is based on a stipulated settlement. This subdivision shall not prohibit the board from pursuing disciplinary action based on any cause other than the overturned conviction, including, but not limited to, the underlying conduct alleged in the criminal case.
(d) (1) A licensee subject to suspension or revocation under this section may request a hearing within 30 days of the automatic suspension order described in subdivision (a) and the automatic revocation order described in subdivision (c). The proceeding shall be conducted in accordance with the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code).
(2) The Legislature finds and declares that the conviction of any felony identified in subdivision (b) is substantially related to the qualifications, functions, or duties of a respiratory care practitioner. An administrative law judge shall not permit or give any weight to expert testimony regarding whether the conviction is substantially related to the practice of respiratory care. The only purpose of an administrative hearing shall be to determine whether the discipline imposed shall be a suspension, revocation, or other action under the circumstances of the case.
(e) This section does not limit the board’s authority to pursue disciplinary action under any other provision of this chapter, including, but not limited to, Sections 3750, 3750.5, and 3755, based on conduct or violations separate from the conviction addressed in this section.
SEC. 6.
Section 3762 of the Business and Professions Code is amended to read:3762.
(a) Nothing in this chapter is intended to limit, preclude, or otherwise interfere with the practices of other licensed personnel in carrying out authorized and customary duties and functions.(b) For purposes of this chapter, the following are not considered the practice of respiratory care:
(1) Documenting observations and gathering and reporting data to another health care provider, without analysis, interpretation, or independent clinical decisionmaking.
(2) (A) Notwithstanding subdivision (c) of Section 1399.365 of Title 16 of the California Code of Regulations, a service or task requiring a license issued under this division if it does not involve either of the following:
(i) Any task or service defined as respiratory care pursuant to Section 3702, 3702.5, or 3702.7, except as specified in subdivision (c) of Section 2860.
(ii) Any task requiring respiratory assessment at the time of the task.
(B) For purpose of this paragraph, “respiratory assessment” means conducting analysis to make recommendations concerning the respiratory management, diagnosis, treatment, or care of a patient or as a means to perform any task in regard to the care of a patient.
SEC. 7.
Section 3765 of the Business and Professions Code is amended to read:3765.
(a) This act does not prohibit any of the following activities:(1) The performance of respiratory care that is an integral part of the program of study by students enrolled in approved respiratory therapy training programs.
(2) 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.
(3) The respiratory care practitioner from performing advances in the art and techniques of respiratory care learned through formal or specialized training.
(4) 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.
(5) 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.
(6) Persons from engaging in cardiopulmonary research.
(7) 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.
(8) 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.
(9) The performance, by a vocational nurse licensed by the Board of Vocational Nursing and Psychiatric Technicians of the State of California, of respiratory tasks and services identified by the board, if the licensed vocational nurse complies with all of the following:
(A) Before January 1, 2028, the licensed vocational nurse has completed patient-specific training satisfactory to their employer and before the provision of patient care.
(B) On or after January 1, 2028, the licensed vocational nurse has completed both of the following, in accordance with guidelines that shall be promulgated by the board in collaboration with the Board of Vocational Nursing and Psychiatric Technicians of the State of California:
(i) The licensed vocational nurse has completed task-specific training on each respiratory task or service the licensed vocational nurse will perform. This training may be provided by the employer directly or through the California Association of Medical Product Suppliers (CAMPS), the California Society for Respiratory Care (CSRC), or another organization identified by the board.
(ii) The licensed vocational nurse has completed patient-specific training provided by their employer.
(C) The licensed vocational nurse performs respiratory care tasks and services, as identified by the board, and, pursuant to this paragraph, in any of the following settings:
(i) At a congregate living health facility, intermediate care facility designated as 15 beds or fewer, adult day health care center, pediatric day health and respite care facility, hospice agency, hospice facility, or home health agency, licensed by the State Department of Public Health.
(ii) At a small family home, adult residential facility, adult residential facility for persons with special health care needs, group home, group home for children with special health care needs, enhanced behavioral supports home, community crisis home, residential care facility for the elderly, residential care facility for the chronically ill, adult day program, or therapeutic day services facility, licensed by the State Department of Social Services.
(iii) At a medical foster home for veterans approved by the United States Department of Veterans Affairs.
(iv) 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.
(v) As an individual nurse provider working in a residential home.
(vi) As part of services provided through a family home agency, as defined in Section 4689.1 of the Welfare and Institutions Code.
(vii) As part of supported living services provided pursuant to Section 4689 of the Welfare and Institutions Code.
(10) 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.
(b) For purposes of this section, “employer” means a person, agency, facility, organization, or entity responsible for assigning, directing, or coordinating the care provided by the licensed vocational nurse. “Employer” includes, where applicable, a family member or legal guardian authorized under the patient’s plan of care to perform that function.
(c) For purposes of this section, “intermediate care facility” includes an intermediate care facility for the developmentally disabled that provides habilitative care, nursing care, or continuous nursing care.
SEC. 8.
Section 3775 of the Business and Professions Code is amended to read:3775.
The amount of fees provided in connection with licenses or approvals for the practice of respiratory care shall be as follows:(a) The application fee shall be established by the board at not more than three hundred dollars ($300).
(b) The application fee for the applicant under subdivision (c) of Section 3740 shall be established by the board at not more than three hundred fifty dollars ($350).
(c) The fees for any examination or reexamination required by the board shall be the actual cost to the board for developing, purchasing, grading, and administering each examination or reexamination.
(d) The renewal fee shall be established at three hundred thirty dollars ($330). The board may increase the renewal fee, by regulation, to an amount not to exceed three hundred seventy-five dollars ($375).
(e) The delinquency fee shall be established by the board at not more than the following amounts:
(1) If the license is renewed not more than two years from the date of its expiration, the delinquency fee shall be 100 percent of the renewal fee in effect at the time or renewal.
(2) If the license is renewed after two years, but not more than three years, from the date of expiration of the license, the delinquency fee shall be 200 percent of the renewal fee in effect at the time of renewal.
(f) The duplicate license fee shall not exceed seventy-five dollars ($75).
(g) The endorsement fee shall not exceed one hundred dollars ($100).
(h) Costs incurred by the board in order to obtain and review documents or information related to the criminal history of, rehabilitation of, disciplinary actions taken by another state agency against, or acts of negligence in the practice of respiratory care by, an applicant or licensee, shall be paid by the applicant or licensee before a license will be issued or a subsequent renewal processed.
(i) Fees paid in any form other than check, money order, or cashier’s check shall be subject to an additional processing charge equal to the board’s actual processing costs.
(j) Fees incurred by the board to process return mail shall be paid by the applicant or licensee for whom the charges were incurred.
(k) Notwithstanding any other provision of this chapter, the board, in its discretion, may reduce the amount of any fee otherwise prescribed by this section.
SEC. 9.
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:(1) Qualified persons who possess an appropriate credential issued pursuant to Section 44267 or 44267.5, or hold a valid certificate of public health nursing issued by the Board of Registered Nursing.
(2) Qualified designated school personnel trained in the administration of specialized physical health care if they perform those services under the supervision, as defined by Section 3051.12 of Title 5 of the California Code of Regulations, of a credentialed school nurse, public health nurse, or licensed physician and surgeon and the services are determined by the credentialed school nurse or licensed physician and surgeon, in consultation with the physician treating the pupil, to be all of the following:
(A) Routine for the pupil.
(B) Pose little potential harm for the pupil.
(C) Performed with predictable outcomes, as defined in the individualized education program of the pupil.
(D) Do not require a nursing assessment, interpretation, or decisionmaking by the designated school personnel.
(3) For basic respiratory services authorized by paragraph (10) of subdivision (a) 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.
(b) Specialized health care or other services that require medically related training shall be provided pursuant to the procedures prescribed by Section 49423.
(c) Persons providing specialized physical health care services shall also demonstrate competence in basic cardiopulmonary resuscitation and shall be knowledgeable of the emergency medical resources available in the community in which the services are performed.
(d) “Specialized physical health care services,” as used in this section, includes catheterization, gastric tube feeding, suctioning, or other services that require medically related training.
(e) Regulations necessary to implement this section shall be developed jointly by the State Department of Education and the State Department of Health Care Services, and adopted by the state board.
(f) This section does not diminish or weaken any federal requirement for serving individuals with exceptional needs under the Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and its implementing regulations, and under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) and its implementing regulations.
(g) This section does not affect current state law or regulation regarding medication administration.
(h) It is the intent of the Legislature that this section not cause individuals with exceptional needs to be placed at schoolsites other than those they would attend but for their needs for specialized physical health care services.
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