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 |Add To My Favorites |Track Bill | Version: 02/19/26 - Introduced

 SB-1226 Pupil health: individuals with exceptional needs: respiratory services.(2025-2026)

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 Date Published: 02/19/2026 09:00 PM

SB1226:v99#DOCUMENTBill Start

 CALIFORNIA LEGISLATURE—
 2025–2026 REGULAR SESSION

 Senate Bill

No. 1226

Introduced by Senator Ochoa Bogh
(Coauthor: Senator Dahle)

February 19, 2026

 An act to amend Section 3765 of the Business and Professions Code, and to amend Section 49423.5 of the Education Code, relating to pupil health. 

LEGISLATIVE COUNSEL'S DIGEST

SB 1226, as introduced, Ochoa Bogh.
 Pupil health: individuals with exceptional needs: respiratory services.

Existing law, the Respiratory Care Practice Act, prohibits a person from engaging in the practice of respiratory care unless the person is a licensed respiratory care practitioner, except for specified respiratory care functions, including, among others, the performance of suctioning and other basic respiratory tasks and services by a licensed vocational nurse under the supervision of a credentialed school nurse, as provided.

Existing law authorizes individuals with specified qualifications and meeting certain requirements to assist an individual with exceptional needs who requires specialized physical health care services, as defined, during the regular schoolday. Existing law also authorizes a licensed vocational nurse, under the supervision of a credentialed school nurse, to assist an individual with exceptional needs who requires specialized
 physical health care with the basic respiratory services authorized by the Respiratory Care Practice Act.

This bill would repeal the authorization for a licensed vocational nurse, under the supervision of a credentialed school nurse, to assist an individual with exceptional needs with the above-described basic respiratory services authorized by the Respiratory Care Practice Act. The bill would instead authorize individuals, if they have the qualifications and meet the requirements referenced above for providing specialized physical health care services to an individual with exceptional needs, to provide a defined set of basic respiratory services to those individuals.

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 3765 of the Business and Professions Code is amended to read:

3765.

 This act does not prohibit any of the following activities:

(a) The performance of respiratory care that is an integral part of the program of study by students enrolled in approved respiratory therapy training programs.

(b) 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.

(c) The respiratory care practitioner from performing advances in the art and techniques of respiratory care learned through formal or specialized training.

(d) 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.

(e) 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.

(f) Persons from engaging in cardiopulmonary research.

(g) 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.

(h) 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.

(i) The performance, by a vocational nurse licensed by the Board of Vocational Nursing and Psychiatric Technicians of the State of California who is employed by a home health agency licensed by the State Department of Public Health, of respiratory tasks and services iden