School-Only Exemption – SB 389

This page explains a narrow, school-setting exemption enacted under SB 389 (Pupil Health), which clarifies that Licensed Vocational Nurses (LVNs) may continue performing suctioning and basic respiratory tasks and services for students under the supervision of a credentialed school nurse.

What SB 389 Does (Plain Language)

What SB 389 Does Not Do

• It does not change the basic tasks list in CCR § 1399.365 for non-school settings.
• It does not authorize suctioning by LVNs in hospitals, skilled nursing facilities (SNFs), home health, or other community settings.
• Outside the school setting, suctioning remains excluded from the basic tasks under CCR § 1399.365.

Frequently Asked Questions

• Is SB 389 currently in effect?

  Not yet. SB 389 was signed on October 10, 2025 and becomes effective January 1, 2026. Until then, LVNs remain authorized to perform these tasks under Education Code § 49423.5 when supervised by a credentialed school nurse.

• What types of suctioning does SB 389 cover?

  In school settings, LVNs may perform tracheal and oral/nasal suctioning for students when properly trained and competent, and when the procedure is ordered by a physician and included in the student’s health care plan. Outside the school environment, suctioning remains excluded from basic tasks under CCR § 1399.365.

• Does SB 389 change the basic tasks list in CCR § 1399.365?

  No. The basic tasks regulation remains unchanged for non-school settings. SB 389 only clarifies and continues the existing school-specific authorization already recognized under Education Code § 49423.5.

• Who must supervise the LVN in schools?

  A credentialed school nurse must supervise the LVN in the K-12 setting. This requirement is specific to the school-only authorization and distinct from other health care settings.

• Does SB 389 apply to other healthcare workers, such as HCAs or CNAs?

  No. SB 389 applies only to Licensed Vocational Nurses (LVNs) working under the supervision of a credentialed school nurse in K–12 school settings. It does not extend to other healthcare workers such as Health Care Aides (HCAs), Certified Nursing Assistants (CNAs), or unlicensed assistive personnel.

  HCAs and CNAs must continue to follow the duties authorized under their respective certification or registration laws and may not perform respiratory care tasks or suctioning unless otherwise permitted by law and within an appropriate supervised care plan.

• Does SB 389 apply to home health or community-based settings?

  No. Those settings are addressed separately under BPC § 3765(i) and (j). SB 389 applies only to K-12 schools.

Related Resources

• RCB Letter to California Department of Education (September 29, 2025)
• CCR § 1399.365 – Basic Respiratory Tasks and Services
• LVN Impact – Basic Respiratory Tasks
• SB 389 – Bill Status and History
• Education Code § 49423.5
• Business and Professions Code § 3765

Questions?

Contact the RCB at (916) 999-2190 or rcbinfo@dca.ca.gov.