Michael Langan, M.D. v. Board of Registration in Medicine (SPR 20170298)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords March 20, 2017 SPR17/298 Gerard F. Dolan, Esq. Assistant General Counsel Board of Registration in Medicine 200 Harvard Mill Square Wakefield, MA 01880 Dear Attorney Dolan: I have received the petition of Michael L. Langan, M.D. appealing the response of the Board of Registration in Medicine (BORIM) to a request for public records. G. L. c. 66 § lOA; see also 950 C.M.R. 32.08(1). Specifically, Dr. Langan requested records identified as a "Litigation Packet" with date stamp, records obtained from an off-site storage as well as a specifically identified December 2013 report. BORIM provided Dr. Langan with all responsive records. These records were the subject of a prior appeal and determination by the Supervisor of Records. See SPRl 7 /194 Determination of the Supervisor of Records (February 27, 2017) Basis of the Current Appeal The basis of Dr. Langan's appeal is that although he has received a copy of a letter from Dr. James A. Flood, PhD sent to a named individual that is date stamped; instead, Dr. Landan seeks a copy of the letter with a timestamp that signifies it was accepted into evidence prior to the February 2013 hearing or any documentation in the records containing a timestamp showing the document was received, submitted as evidence, acknowledged, addressed or considered in any way that may reveal the date that the letter may have been entered into evidence. In a telephone conversation with a Public Records Division attorney, you stated that Dr. Langan was provided copies of all the original records in BORIM's custody, including the responsive letter from Dr. Flood. This office also learned through this conversation and a review of the documents provided to this office with Dr. Langan's petition, that Dr. Langan filed litigation against BORIM, and that his case against BORIM is on appeal to the Supreme Judicial Court. (In the Matter ofM ichael L. Langan, MD., SJ-2015-0267). 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

Gerard F. Dolan, Esq. SPR17/298 Page 2 March 20, 2017 Status of the requester The Public Records Law does not distinguish between individuals seeking public records. Dr. Landan should be advised that his status as the person who is the subject of the records offers him no greater right of access than any other person in the public realm. See G. L. c. 66, § lO(a) (2017 ed.) (public records are to be provided to "any person"); see also Bougas v. Chief of Police of Lexington, 371 Mass. 59, 64 (1976). Access to a record pursuant to the Public Records Law rests on the content of the record, regardless of the circumstances of the requester. Appeal to the Supervisor The Public Records Division is aware that Dr. Landan's litigation against BORIM is still active and on-going with the Supreme Judicial Court. Dr. Landan should be advised that the appeal process under the Public Records Law shall not apply to records in which an individual, or a representative of the individual, has a unique right of access to the records through statutory, regulatory, judicial or other applicable means. See 950 C.M.R. 32.08(1)(a) (2017 ed.). The records are directly related to Dr. Landan's appeal in the Supreme Judicial Court and therefore he has a unique right of access through the judicial process. Accordingly, whereas Dr. Landan has a unique right of access through judicial process, I decline to continue any further review of his petition. Sincerely, Rebecca S. Murray Supervisor of Records cc: Michael L. Langan, MD cc: Bryan F. Bertram, Esq. (AGO)