1. (a) For purposes of this section, “assessment” means making an analysis or judgment and making recommendations concerning the management, diagnosis, treatment, or care of a patient or as a means to perform any task in regard to the care of a patient. Assessment as used in this section is beyond documenting observations, and gathering and reporting data to a licensed respiratory care practitioner, registered nurse, or physician.

2. (b) For purposes of subdivision (a) of section 3702.5 of the B&P, basic respiratory tasks and services do not require a respiratory assessment and include the following:

   1. (1) Patient data collection.
   2. (2) Application and monitoring of a pulse oximeter.
   3. (3) Medication administration by aerosol that does not require manipulation of an invasive or non-invasive mechanical ventilator.
   4. (4) Heat moisture exchanger (HME) and oxygen tank replacement for patients who are using non-invasive mechanical ventilation.
   5. (5) Hygiene care including replacement of tracheostomy ties and gauze and cleaning of the stoma sites.
   6. (6) Use of a manual resuscitation device and other cardio-pulmonary resuscitation technical skills (basic life support level) in the event of an emergency.
   7. (7) Documentation of care provided, which includes data retrieved from performing a breath count or transcribing data from an invasive or non-invasive ventilator interface.
   8. (8) Observing and gathering data from chest auscultation, palpation, and percussion.

3. (c) For purposes of subdivision (a) of section 3702.5 of the B&P, basic respiratory tasks and services do not include the following:

   1. (1) Manipulation of an invasive or non-invasive ventilator.
   2. (2) Assessment or evaluation of observed and gathered data from chest auscultation, palpation, and percussion.
   3. (3) Pre-treatment or post-treatment assessment.
   4. (4) Use of medical gas mixtures other than oxygen.
   5. (5) Preoxygenation, or endotracheal or nasal suctioning.
   6. (6) Initial setup, change out, or replacement of a breathing circuit or adjustment of oxygen liter flow or oxygen concentration.
   7. (7) Tracheal suctioning, cuff inflation/deflation, use or removal of an external speaking valve, or removal and replacement of the tracheostomy tube or inner cannula.
4. (d) This section does not apply to licensed vocational nurses performing respiratory care services identified by the Board while working in any of the exempt settings listed, and under the conditions specified, in subdivisions (i) and (j) of section 3765 of the B&P.

Note: Authority cited: Sections 3702.5 and 3722, Business and Professions Code. Reference: Sections 2860, 3701, 3702, 3702.5, 3702.7, 3703 and 3765, Business and Professions Code.

History

1. New section filed 6-5-2025; operative 10-1-2025 (Register 2025, No. 23).

2. New subsection (d) filed 1-12-2026 as an emergency; operative 1-12-2026 (Register 2026, No. 3). A Certificate of Compliance must be transmitted to OAL by 7-13-2026 or emergency language will be repealed by operation of law on the following day.