Colman Herman v. Executive Office of Health and Human Services - Board of Registration in Medicine (SPR 20160982)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords November 23,2016 SPR16/982 Robert E. Harvey, Esq. Board Counsel - Records Access Officer Board of Registration in Medicine 200 Harvard Mill Square, Suite 330 Wakefield, MA 01880 Dear Attorney Harvey: I have received the petition of Colman Herman appealing the response ofthe Board of Registration in Medicine (BORIM) to a request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Herman requested a copy of emails related to a disciplinary case involving a specifically named physician. BORIM, after determining it possessed responsive email records, denied Mr. Herman's request. See G. L. c. 233, § 20B; G. L. c. 4, § 7 (26) (a). Mr. Herman appealed. In his petition, Mr. Herman stated his opinion that BORIM could omit any patient-identifying information and provide redacted records. In a November 3, 2016 telephone discussion with an attorney on my staff, you explained that you had spoken with Mr. Herman prior to this office opening an appeal; you informed Mr. Herman that BORIM would further consider whether any of the emails could be redacted. BORIM has indicated it will provide Mr. Herman with another written response. Accordingly, I will consider this appeal closed with the proviso that BORIM provides Mr. Herman with the response within ten (1 0) days, prepared a manner consistent with this order, the Public Records Law and its Regulations. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to his office at pre@sec. state.ma. us. cc: Colman Herman One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre • pre@sec.state.ma.us