Shawn Musgrave v. Department of Public Health (SPR 20220427)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records March 8, 2022 SPR22/0427 Helen Rush-Lloyd Records Access Officer Department of Public Health 250 Washington Street Boston, MA 02108 Dear Ms. Rush-Lloyd: I have received the petition of Shawn Musgrave appealing the response of the Department of Public Health (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On September 10, 2021, Mr. Musgrave requested, “[a]ll prescription and dispensation data submitted to the Prescription Monitoring Program (PMP) for Vimpat (lacosamide), a Schedule V drug.” Previous appeals The request was the subject of previous appeals. See SPR21/3209 Determination of the Supervisor of Records (December 23, 2021) and SPR22/0059 Determination of the Supervisor of Records (January 26, 2022). The Department responded on February 10, 2022. Unsatisfied with the response, Mr. Musgrave petitioned this office and this appeal, SPR22/0427, was opened as a result. Based upon a conversation between a Public Records Division staff attorney and a Department representative, it is my understanding that the Department intends on providing a subsequent response to Mr. Musgrave. Accordingly, the Department is ordered to provide Mr. Musgrave with a response to the request in a manner consistent with the Public Records Law and its Access Regulations within 10 business days. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Mr. Musgrave may appeal the substantive nature of Department's response within ninety days. See 950 C.M.R. 32.08(1). 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

Helen Rush-Lloyd SPR22/0427 Page 2 March 8, 2022 Sincerely, Rebecca S. Murray Supervisor of Records cc: Shawn Musgrave