Michael Langan, M.D. v. Board of Registration in Medicine (SPR 20171128)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords August 31, 2017 SPR17/1128 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 (Board) to a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1). Specifically, Dr. Langan requested records related to a February 6, 2013 Board Order. Current appeal In his appeal petition Dr. Langan notes his belief that the records provided to him "do not reflect the 'evidence' reviewed by the board as stated in the February 6, 2013 Board Order." Dr. Langan also raises issues related to the date stamps on records he received. He notes that he is "requesting the documentation precisely and specifically described in the Board Order as evidence as well as any documentation indicating it was 'reviewed' by the [B]oard." Subsequently to the opening of this appeal, this office was informed that the Board provided Dr. Langan additional records on August 3, 2017 and August 25, 2017. These records were provided pursuant to the Fair Information Practices Act (FIP A). G.L. c. 66A. In an email to this office dated August 30, 2017, the Board explains "[o ]n August 25, pursuant to FIP A, the Board provided Dr. Langan with all records reviewed by the Board, except attorney-client privileged memoranda and draft orders, during the February 6, 2013, adjudicatory session." You indicate "at this time, he is in possession of all records potentially responsive to his July 31 request and August 17 appeal." Whereas the Board provided additional responsive records to Dr. Langan, I will consider this appeal closed. Please note that the duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § 10(a)(ii). Further, access to a record pursuant to the Public 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. SPR17/1128 Page 2 August 31, 2017 Records Law rests on the content of the record and not the circumstances of the requester. See Bougas v. Chief of Police of Lexington, 371 Mass. 59, 64 (1976). Dr. Langan may appeal the substantive nature of the Board's response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, ~~ Rebecca S. Murray Supervisor of Records cc: Michael L. Langan, M.D.