Rebecca Raymond v. Department of Public Health-Division of Health Professions Licensure (SPR 20253470)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 9, 2025 SPR25/3470 Helen Rush-Lloyd Records Access Officer Department of Public Health Bureau of Health Professions Licensure 250 Washington Street Boston, MA 02108 Dear Ms. Rush-Lloyd: I have received the petition of Rebecca Raymond appealing the response of the Department of Public Health, Bureau of Health Professions Licensure (Department/BHPL) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On October 8, 2025, Ms. Raymond requested the following: 1. A formal administrative review of the Bureau’s handling of these investigations, including all communications, staff notes, and internal correspondence regarding my complaints. 2. A complete copy of the investigative files for INV18206, INV18207, INV18222, INV18229, INV18290, and INV18291. 3. Confirmation of whether any disciplinary or corrective measures were considered, recommended, or suppressed. 4. Identification of any cross-agency coordination between the Bureau, DCF, and EOHHS personnel during or after these reviews. The Department responded on October 29, 2025, and assigned reference number BHPL- 2025-1423 to this request. Unsatisfied with the Department’s response, Ms. Raymond petitioned this office, and this appeal, SPR25/3470, was opened as a result. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10A(d); 950 C.M.R. 32.03(4). “Public records” is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any agency or 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 SPR25/3470 Page 2 December 9, 2025 municipality of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 10(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. If there are any fees associated with a response, a written good faith estimate must be provided. G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. The Department’s October 29th Response In its October 29, 2025 response, the Department states the following: On 4/28/25, 9/11/25, 10/16/25, and 10/14/25, DPH produced documents in response to your requests received on 4/28/25, 9/8/25, 9/30/25, and 10/8/25 and assigned tracking numbers BHPL-2025-607, BHPL-2025-1271, BHPL-2025- 1372, and BHPL-2025-1418 respectively. DPH does not have any additional records that are responsive to your request. A copy of the cover letters regarding DPH’s responses to BHPL-2025-607, BHPL-2025-1271, BHPL-2025- 1372, and BHPL-2025-1418 are attached hereto for your convenience. The Board of Social Workers will be sending you a separate response on items #1-4 above. Records in Existence; Possession, Custody, or Control Please be advised 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, under the Public Records Law, a public employee is not required to answer questions, or do research, or create documents in response to questions. See G. L. c. 66, § 10(a); 32 Op. Att’y Gen. 157, 165 (May 18, 1977). However, in accordance with the Public Records Law, custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). In her appeal petition, Ms. Raymond contends that “BHPL produced only previous cover letters and withheld all complaint records, investigative notes, dismissal information, and internal communications.”

Helen Rush-Lloyd SPR25/3470 Page 3 December 9, 2025 Based on the Department’s response, and the specific documents listed in Ms. Raymond’s appeal petition, it is unclear whether the Department possesses additional records responsive to Ms. Raymond’s request. If the Department does possess additional responsive records, it must either provide the records, or cite an exemption to the Public Records Law, and explain with specificity how such an exemption applies to withhold or redact the records. See G. L. c. 66, § 10(b)(iv) (a written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based”). Conclusion Accordingly, the Department is ordered to provide Ms. Raymond with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. Ms. Raymond may further appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Rebecca Raymond