Aria Asghari v. Board of Registration in Medicine (SPR 20180475)

The Commonwealth of Massachusetts William Francis Calvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records April 24,20 18 SPR181475 Tara Cianfrocca, Esq. Assistant General Counsel Board of Registration in Medicine 200 Harvard Mill Square, Suite 330 Wakefield, MA 01 880 Dear Attorney Cianfrocca: I have received the petition of Aria Asghari appealing the response of the Board of Registration in Medicine (Board) to a request for public records. G. L. c. 66, 5 10A; see also 950 C.M.R. 32.08(1). On April 3rda nd April 4th, Ms. Asghari requested a copy of records from Physician Health Services (PHs) in Waltham, MA, specifically: 1. "Consent for the Release of Confidential Information" signed by an identified client, on May 6, 201 6, between PHs and a party in Elmhurst, Illinois; 2. "Consent for the Release of Confidential Information" signed by an identified client, on April 20,2016 ; and 3. "Consent for the Release of Confidential Information" signed by an identified client, in April or May 2014, between PHSand a party in Elmhurst, Illinois. No records responsive to the requests In its April 4th response, the Board informed Ms. Asghari that it was unable to discern which physician she was requesting records for, as she did not identify either a physician's name or Board registrationtlicense number. The Board explained that its records are kept by physician and not by PHs's client numbers. In addition, the, Board informed Ms. Asghari that PHs is a non-profit corporation founded by the Massachusetts Medical Society to address issues of physician health, and is independent of the Board. Therefore, the Board does not have records regarding PHs. The Board provided Ms. Asghari with the website and telephone numbers of the Massachusetts Medical Society and Physician Health Services. Ms. Asghari sent a second request on April 4ths till seeking the "Consent for the Release of Confidential Information" form that she signed with PHs, and informing the Board that she is the "client" who signed the consent form and listed in her request. In its 5th response, the Board One Ashburton Place, Room 1719, Boston, Massachusetts 021 08 * (617) 727-2832. Fax: (617) 727-5914 sec.state.ma.us/pre * pre@sec.state.ma.us

Tara Cianfrocca, Esq. Page 2 April 24,20 18 reiterated that it maintains records on physicians licensed by the Board, and that presently she is not a physician licensed by the Board. The Board informed Ms. Asghari that it has no records responsive to her requests. For the second time, the Board explained that PHs is a nonprofit corporation founded by the Massachusetts Medical Society to address issues of physician health, and is independent of the Board. Ms. Asghari was referred to PHs's website and telephone numbers. On April 1l th,a fter this appeal was opened, the Board provided a third response to Ms. Asghari and this office, indicating that Board does not have possession, custody or control of an individual's PHs documents, if an individual is neither an existing applicant for licensure, or licensee. The Board has no record of Ms. Asghari as either an applicant or licensee, and confirmed for a third time that it has no records responsive to Ms. Asghari's requests. Ms. Ashgari should be advised that under the Public Records Law, the Board is not required to create a record in response to a public records request. G. L. c. 66, 5 6A(d). 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, fj lO(a)(ii). Conclusion Accordingly, where the Board has no records responsive to the request and is not the custodian of the requested records, this administrative appeal is closed. Sincerely, u Rebecca S. Murray Supervisor of Records cc: Aria Asghari