School-Only Exemption – SB 389

This page explains a narrow, school-setting clarification enacted under SB 389 (Pupil Health). SB 389 added Business and Professions Code (BPC) section 3765(l), which states that licensed vocational nurses (LVNs) may perform suctioning and other 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, home health, or other community settings.

Frequently Asked Questions

• Is SB 389 currently in effect?

  Yes. SB 389 became effective on January 1, 2026. It added BPC § 3765(l), which applies in K–12 school settings under the supervision of a credentialed school nurse. The subsection directs that the school-setting tasks be carried out in accordance with existing Education Code § 49423.5 and Education Code § 49426.5.

• What types of suctioning does SB 389 cover?

  In K–12 school settings, LVNs may perform suctioning and other basic respiratory tasks and services for students under the supervision of a credentialed school nurse, consistent with BPC § 3765(l) and existing Education Code requirements. 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 is specific to K–12 schools and is reflected in BPC § 3765(l).

• Who must supervise the LVN in schools?

  A credentialed school nurse must supervise the LVN in the K-12 setting, consistent with BPC § 3765(l) and applicable Education Code requirements.

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

  No. SB 389 applies only to 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.

• 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 through BPC § 3765(l).

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
• Education Code § 49426.5
• Business and Professions Code § 3765 (see subsection (l))

Questions?

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