SB1304 - Respiratory Care Practice Act.

Amended IN Assembly August 17, 2026 Amended IN Assembly July 01, 2026 Amended IN Senate April 15, 2026 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Senate Bill No. 1304 Introduced by Senator Wahab February 20, 2026 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. LEGISLATIVE COUNSEL'S DIGEST SB 1304, as amended, 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. Those provisions establish requirements for licensure, including completing an education program for respiratory care and being awarded an associate degree or equivalent, as specified. 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 requires establishes requirements for licensure as a respiratory care practitioner to complete a respiratory care education program and be awarded an associate degree or its equivalent, as specified. Existing law 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. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill Text 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 or in paragraph (1). 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, [Text truncated for display. Full text available on Congress.gov.]