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    SB-389
    Health & Public Health

    Pupil health: individuals with exceptional needs: respiratory services: licensed vocational nurses.

    Engrossed
    CA
    ∙
    2025-2026 Regular Session
    0
    0
    Track
    Track

    Key Takeaways

    • Authorizes licensed vocational nurses to perform basic respiratory care in schools under nurse supervision.
    • Requires vocational nurses to complete specialized patient training by January 1, 2028.
    • Expands respiratory care settings to include small facilities, day care centers, and home health agencies.
    • Maintains existing protections for students with disabilities while enhancing their access to care.

    Summary

    Senator Ochoa Bogh's legislation expands the authority of licensed vocational nurses (LVNs) to perform basic respiratory care services for students with exceptional needs under the supervision of credentialed school nurses. The measure modifies both the Business and Professions Code and Education Code to permit LVNs to conduct suctioning and other respiratory tasks within educational settings.

    The bill establishes a two-phase implementation for LVN training requirements. Prior to January 1, 2028, LVNs must complete employer-approved patient-specific training. After that date, training must align with guidelines developed jointly by the Respiratory Care Board and the Board of Vocational Nursing and Psychiatric Technicians. The legislation also specifies authorized care settings for LVNs, including congregate living facilities, intermediate care facilities, adult day health centers, and home health agencies.

    To maintain alignment with federal standards, the measure preserves existing protections under the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act. The bill's provisions require joint regulatory development between the State Department of Education and State Department of Health Care Services, while maintaining current state regulations on medication administration. Authors note the measure aims to prevent student relocation solely based on specialized health care needs.

    Key Dates

    Next Step
    Referred to the Assembly Standing Committee on Appropriations
    Next Step
    Assembly Committee
    Referred to the Assembly Standing Committee on Appropriations
    Hearing scheduled for , 1021 O Street, Room 1100
    Assembly Business And Professions Hearing
    Assembly Committee
    Assembly Business And Professions Hearing
    Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar
    Assembly Education Hearing
    Assembly Committee
    Assembly Education Hearing
    Do pass and be re-referred to the Committee on [Business and Professions] with recommendation: To Consent Calendar
    Vote on Senate Floor
    Senate Floor
    Vote on Senate Floor
    Consent Calendar 2nd SB389 Ochoa Bogh et al
    Senate Business, Professions and Economic Development Hearing
    Senate Committee
    Senate Business, Professions and Economic Development Hearing
    Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar
    Senate Education Hearing
    Senate Committee
    Senate Education Hearing
    Do pass, but first be re-referred to the Committee on [Business, Professions and Economic Development] with the recommendation: To Consent Calendar
    Introduced
    Senate Floor
    Introduced
    Introduced. Read first time. To Com. on RLS. for assignment. To print.

    Contacts

    Profile
    Joaquin ArambulaD
    Assemblymember
    Committee Member
    Not Contacted
    Not Contacted
    Profile
    Buffy WicksD
    Assemblymember
    Committee Member
    Not Contacted
    Not Contacted
    Profile
    Megan DahleR
    Senator
    Bill Author
    Not Contacted
    Not Contacted
    Profile
    Rosilicie Ochoa BoghR
    Senator
    Bill Author
    Not Contacted
    Not Contacted
    Profile
    Lisa CalderonD
    Assemblymember
    Committee Member
    Not Contacted
    Not Contacted
    0 of 17 row(s) selected.
    Page 1 of 4
    Select All Legislators
    Profile
    Joaquin ArambulaD
    Assemblymember
    Committee Member
    Profile
    Buffy WicksD
    Assemblymember
    Committee Member
    Profile
    Megan DahleR
    Senator
    Bill Author
    Profile
    Rosilicie Ochoa BoghR
    Senator
    Bill Author
    Profile
    Lisa CalderonD
    Assemblymember
    Committee Member
    Profile
    Mike FongD
    Assemblymember
    Committee Member
    Profile
    Diane DixonR
    Assemblymember
    Committee Member
    Profile
    Gregg HartD
    Assemblymember
    Committee Member
    Profile
    Blanca PachecoD
    Assemblymember
    Committee Member
    Profile
    Gail PellerinD
    Assemblymember
    Committee Member
    Profile
    Kate SanchezR
    Assemblymember
    Committee Member
    Profile
    Tri TaR
    Assemblymember
    Committee Member
    Profile
    Jessica CalozaD
    Assemblymember
    Committee Member
    Profile
    Mark GonzalezD
    Assemblymember
    Committee Member
    Profile
    Heather HadwickR
    Assemblymember
    Committee Member
    Profile
    Jose SolacheD
    Assemblymember
    Committee Member
    Profile
    Sade ElhawaryD
    Assemblymember
    Committee Member

    Get Involved

    Act Now!

    Email the authors or create an email template to send to all relevant legislators.

    Introduced By

    Rosilicie Ochoa Bogh
    Rosilicie Ochoa BoghR
    California State Senator
    Co-Author
    Megan Dahle
    Megan DahleR
    California State Senator
    40% progression
    Bill has passed all readings in its first house and is ready to move to the other house (5/15/2025)

    Latest Voting History

    View History
    July 8, 2025
    PASS
    Assembly Committee
    Assembly Business And Professions Hearing
    AyesNoesNVRTotalResult
    170118PASS

    Key Takeaways

    • Authorizes licensed vocational nurses to perform basic respiratory care in schools under nurse supervision.
    • Requires vocational nurses to complete specialized patient training by January 1, 2028.
    • Expands respiratory care settings to include small facilities, day care centers, and home health agencies.
    • Maintains existing protections for students with disabilities while enhancing their access to care.

    Get Involved

    Act Now!

    Email the authors or create an email template to send to all relevant legislators.

    Introduced By

    Rosilicie Ochoa Bogh
    Rosilicie Ochoa BoghR
    California State Senator
    Co-Author
    Megan Dahle
    Megan DahleR
    California State Senator

    Summary

    Senator Ochoa Bogh's legislation expands the authority of licensed vocational nurses (LVNs) to perform basic respiratory care services for students with exceptional needs under the supervision of credentialed school nurses. The measure modifies both the Business and Professions Code and Education Code to permit LVNs to conduct suctioning and other respiratory tasks within educational settings.

    The bill establishes a two-phase implementation for LVN training requirements. Prior to January 1, 2028, LVNs must complete employer-approved patient-specific training. After that date, training must align with guidelines developed jointly by the Respiratory Care Board and the Board of Vocational Nursing and Psychiatric Technicians. The legislation also specifies authorized care settings for LVNs, including congregate living facilities, intermediate care facilities, adult day health centers, and home health agencies.

    To maintain alignment with federal standards, the measure preserves existing protections under the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act. The bill's provisions require joint regulatory development between the State Department of Education and State Department of Health Care Services, while maintaining current state regulations on medication administration. Authors note the measure aims to prevent student relocation solely based on specialized health care needs.

    40% progression
    Bill has passed all readings in its first house and is ready to move to the other house (5/15/2025)

    Key Dates

    Next Step
    Referred to the Assembly Standing Committee on Appropriations
    Next Step
    Assembly Committee
    Referred to the Assembly Standing Committee on Appropriations
    Hearing scheduled for , 1021 O Street, Room 1100
    Assembly Business And Professions Hearing
    Assembly Committee
    Assembly Business And Professions Hearing
    Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar
    Assembly Education Hearing
    Assembly Committee
    Assembly Education Hearing
    Do pass and be re-referred to the Committee on [Business and Professions] with recommendation: To Consent Calendar
    Vote on Senate Floor
    Senate Floor
    Vote on Senate Floor
    Consent Calendar 2nd SB389 Ochoa Bogh et al
    Senate Business, Professions and Economic Development Hearing
    Senate Committee
    Senate Business, Professions and Economic Development Hearing
    Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar
    Senate Education Hearing
    Senate Committee
    Senate Education Hearing
    Do pass, but first be re-referred to the Committee on [Business, Professions and Economic Development] with the recommendation: To Consent Calendar
    Introduced
    Senate Floor
    Introduced
    Introduced. Read first time. To Com. on RLS. for assignment. To print.

    Latest Voting History

    View History
    July 8, 2025
    PASS
    Assembly Committee
    Assembly Business And Professions Hearing
    AyesNoesNVRTotalResult
    170118PASS

    Contacts

    Profile
    Joaquin ArambulaD
    Assemblymember
    Committee Member
    Not Contacted
    Not Contacted
    Profile
    Buffy WicksD
    Assemblymember
    Committee Member
    Not Contacted
    Not Contacted
    Profile
    Megan DahleR
    Senator
    Bill Author
    Not Contacted
    Not Contacted
    Profile
    Rosilicie Ochoa BoghR
    Senator
    Bill Author
    Not Contacted
    Not Contacted
    Profile
    Lisa CalderonD
    Assemblymember
    Committee Member
    Not Contacted
    Not Contacted
    0 of 17 row(s) selected.
    Page 1 of 4
    Select All Legislators
    Profile
    Joaquin ArambulaD
    Assemblymember
    Committee Member
    Profile
    Buffy WicksD
    Assemblymember
    Committee Member
    Profile
    Megan DahleR
    Senator
    Bill Author
    Profile
    Rosilicie Ochoa BoghR
    Senator
    Bill Author
    Profile
    Lisa CalderonD
    Assemblymember
    Committee Member
    Profile
    Mike FongD
    Assemblymember
    Committee Member
    Profile
    Diane DixonR
    Assemblymember
    Committee Member
    Profile
    Gregg HartD
    Assemblymember
    Committee Member
    Profile
    Blanca PachecoD
    Assemblymember
    Committee Member
    Profile
    Gail PellerinD
    Assemblymember
    Committee Member
    Profile
    Kate SanchezR
    Assemblymember
    Committee Member
    Profile
    Tri TaR
    Assemblymember
    Committee Member
    Profile
    Jessica CalozaD
    Assemblymember
    Committee Member
    Profile
    Mark GonzalezD
    Assemblymember
    Committee Member
    Profile
    Heather HadwickR
    Assemblymember
    Committee Member
    Profile
    Jose SolacheD
    Assemblymember
    Committee Member
    Profile
    Sade ElhawaryD
    Assemblymember
    Committee Member