Yesterday, SB 920’s bill sponsor pulled the bill. Here is her statement. https://sd14.senate.ca.gov/news/press-release/hurtado-releases-statement-her-decision-pull-senate-bill-920
To recap, SB 920 is (was) a bill that would have allowed medical board investigators and consultants to show up at a physician’s office unannounced, execute a de facto, informal search warrant (without a judicial order) an give them a sneak peek at patient medical records to see if the Board wanted to subpoena the records. It is (was) a crazy and unconstitutional idea as I explained to the members in my 5-page letter which I sent them on Monday. (reproduced in my previous post, here https://wp.me/p7pwQD-1fP ).
First thing yesterday morning, I decided to contact the chief administrator of the senate committee responsible for the bill to try to drive the point home. I explained who I was, what I did for a living and told why the bill wouldn’t fly, and attached my previously submitted letter. She thanked me. Maybe it did nothing, or maybe it helped push this lemming-of-a-bill off the cliff. I would guess that many laypeople and physicians wrote in opposition to the bill, and those letters certainly helped.
However, we’re not necessarily out of the woods yet. She or someone else can refile the same or a similar bill this session. I don’t think a new bill will be so obviously unconstitutional, but that doesn’t stop her or some other legislature to try to come up with other ways to circumvent the state constitutional protections and the Fourth Amendment protection given to citizens.
So for now, we take the W, watch for a new iteration, and move on to what’s next.
Rick Jaffe, Esq.