Michael Langan, M.D. v. Board of Registration in Medicine (SPR 20171273)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords September 25, 2017 SPR17/1273 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, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Dr. Langan requested records related to a February 6, 2013 Board Order. Prior appeal The requested records were the subject of a prior appeal. See SPR 17/1128 Determination of the Supervisor of Records (August 31, 2017). The basis ofSPR17/1128 was that Dr. Langan was concerned that the Board may be withholding records responsive to his request for public records. The Board subsequently responded to Dr. Langan by providing additional responsive records on August 25, 2017. Despite the Board's provision of several responses and records, Dr. Langan informed this office he objects to this response and this appeal (SPR17/1273) was opened as a result. Current appeal In his appeal dated September 11, 2017, Dr. Langan indicates "I specifically requested documents claimed to confirm misrepresentation of support group meetings and detailed ' in paragraphs 9-12 ofthe February 6, 2013 Board Order." Dr. Langan asserts "[t]he [B]oard did not provide any documents that support the allegations of misrepresentation detailed in the Board Order." Dr. Langan further notes "I am requesting that Mr. Dolan provide a direct and simple answer to a direct [and] simple question. Is there any documentation that supports non compliance at meetings?" 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. SPR17/1273 Page 2 September 25, 2017 No duty to create records or answer questions; basis ofa ppeal is unclear Subsequent to the opening of this appeal, the Board provided Dr. Langan a response on September 14,2017. Dr. Langan objected to this response in an email dated September 18,2017. In the Board's September 14th response you explain that "the Board has, in fact, provided you with all documents reviewed by the Board at the February 6, 2013, adjudicatory session and referenced in the February 6, 2013, Board Order. The documents referenced in paragraphs 9-12 of the Board Order were provided to you both on August 3, 2017, and in the more comprehensive FIP A production on August 25, 2017." With respect to documents referenced in paragraphs 9-12 of the Board Order at issue, you assert "[e]ach ofthese documents was provided to you both in the Board's August 3 production and August 25 production. As the February 6, 2013, Order states, the Board, in its capacity as factfinder, determined that these documents showed that you failed to attend and/or document your attendance at the support group meetings as required under your Letter of Agreement." 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, § 1O (a)(ii). In addition, a public employee is not required to answer questions, or do research, or create documents in response to questions. See G. L. c. 66, § lO(a); 32 Op. Atty Gen. 157, 165 (May 18, 1977). Further, access to a record pursuant to the Public 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). Based on Dr. Langan's correspondence, it is unclear which additional records he continues to seek. Please note that all petitions for appeal shall be in writing and shall · specifically describe the nature of the requester's objections to the response or failure to issue a timely response. 950 C.M.R. 32.08(1)(±). Conclusion In light of the Board's September 14th response in which it demonstrates which responsive records have been provided, as well as its explanation regarding the Board's role as factfinder, I will consider this appeal closed. Sincerely, ~~ Rebecca S. Murray Supervisor of Records cc: Michael L. Langan, M.D.