Board to monitor SB 813 spot bill, staff to contact sponsor’s office

During the March 7 meeting the California Board of Occupational Therapy discussed SB 813, a newly introduced bill that initially appeared to propose extending client record retention from seven to ten years. Board members and stakeholders said the bill was likely a spot bill and that staff and lobbyists were already seeking clarification from the sponsor’s office.

Board member Richard Bookwalter introduced the topic and noted the bill would increase the client-records retention period to 10 years and to one year past the age of majority for minors. Stakeholders raised concerns about why occupational therapy had been singled out and whether the bill would apply to other health care providers.

Sami Rafidi (OTAC) and OTAC lobbyists reported that the bill was a “spot bill” and that Senator McNerney’s office indicated it intended to amend the bill so it would not relate to occupational therapy. Rafidi said an OTAC lobbyist had contacted the senator’s office and was awaiting an amendment; she told the board that the amendment deadline was imminent and that OTAC would continue to monitor the bill.

Regulations counsel Elizabeth Dietzen Olsen advised caution about taking a formal opposed position because a spot bill can be amended; she described an “oppose unless amended” stance as a strong action that may be premature when the bill’s current language is likely to change.

Board members asked staff to monitor the legislation and to contact the sponsor’s office for clarification. No formal board position was taken at the March 7 meeting.