Senator Rosilicie Ochoa Bogh (R–Yucaipa) has announced that Senate Bill 389 has passed the California State Assembly with bipartisan support and is headed to the Governor for signature. The bill safeguards the ability of licensed vocational nurses (LVNs) working in schools to provide essential respiratory care to students with special healthcare needs under the supervision of a credentialed school nurse.
“At the heart of this bill are the children who depend on us for their health, safety, and education,” said Senator Ochoa Bogh. “SB 389 ensures that students with exceptional healthcare needs will continue receiving the skilled, compassionate care they rely on every day at school. I’m deeply grateful to everyone who worked to protect these vital services and uphold every child’s right to learn in a safe and supportive environment.”
SB 389 addresses an unintended consequence of SB 1436 (Roth, 2022), which inadvertently created uncertainty about whether LVNs in educational settings could continue providing medically necessary suctioning support and tracheostomy care. Without this clarification, students requiring these services could face disruptions in care and school districts could face increased staffing and fiscal burdens.
“Every student deserves the chance to learn in a safe environment. SB 389 ensures that students who require suctioning or tracheostomy care have access to trained LVNs, keeping them safe and included in the school community,” said Katie Nilsson, President of the California School Nurses Organization. “On behalf of the California School Nurses Organization, we want to thank Senator Ochoa Bogh and her staff for their work on this important issue.”
Under SB 389, LVNs working in educational settings will remain governed by Education Code Section 49423.5 regardless of future changes to other healthcare laws allowing them to continue providing suctioning and trach care services they have been trained to perform since 2001.
SB 389 now awaits Governor Newsom’s consideration. If signed into law, the measure will guarantee that school-based LVNs can continue delivering critical care to the state’s most medically vulnerable students.