Canty, Kathryn v. Department of Public Health - Bureau of Health Professions Licensure (SPR 20261404)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 27, 2026 SPR26/1404 Helen Rush-Lloyd Records Access Officer Massachusetts Department of Public Health 250 Washington Street Boston, MA 02108 Dear Ms. Rush-Lloyd: I have received the petition of Kathryn Canty appealing the response of the Department of Public Health (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 4, 2026, Ms. Canty requested: [1] Original Licensure Application  The complete original licensure application submitted by [an identified individual] for LMFT #1007, including all forms, supporting documents, and attachments submitted therewith. [2] Credential Verification Records  All records reflecting any credential verification conducted by BHPL or its agents in connection with [an identified individual’s] original licensure application, including any correspondence with educational institutions, third-party verification services, or other entities contacted to verify his claimed educational background.  All educational credentials, diplomas, transcripts, or degree documentation submitted by or on behalf of [an identified individual] in support of his original licensure application. [3] Complaints Index  A list identifying any complaints filed against [an identified individual] (LMFT #1007) at any time, including for each complaint: the date filed, the nature of the complaint in general terms, and the disposition or current status. I am not requesting the underlying complaint files or supporting materials at this time. 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 SPR26/1404 Page 2 April 27, 2026 Prior Appeal This request was the subject of a prior appeal. See SPR26/0804 Determination of the Supervisor of Records (March 17, 2026). In my March 17th determination, I ordered the Department to clarify whether it possesses records responsive to Item 1 of Ms. Canty’s request. The Department provided responses on March 30, 2026, April 7, 2026, and April 8, 2026. Unsatisfied with the Department’s responses, Ms. Canty petitioned this office and this appeal, SPR26/1404, 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 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. Att’y 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. Current Appeal In her appeal petition, Ms. Canty contends: I am writing to appeal BHPL’s response as inadequate and non-compliant with the Supervisor’s order. Specifically: 1. BHPL has not provided a specific response date as required. 2. BHPL has provided no explanation or justification for its continued inability to comply. 3. BHPL has now missed the Supervisor’s ordered deadline by over two weeks with no end in sight. The Department’s Responses On March 30, 2026, the Department stated, “[p]lease be advised that the Department needs additional time to provide the response consistent with the Supervisor’s order. We

Helen Rush-Lloyd SPR26/1404 Page 3 April 27, 2026 anticipate needing an additional week or until April 7th to provide our response.” In its April 7, 2026 response, the Department stated, “[p]lease be advised that the Department needs additional time to provide its response to the Supervisor’s order in the above- referenced public records appeal.” On April 8, 2026, the Department stated, “[it] anticipates providing a response by the end of the month.” Order The Department is again ordered to provide Ms. Canty with a response to the request, provided in a manner consistent with this order, the March 17th order as described above, 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. Canty may appeal the substantive nature of the Department’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Kathryn Canty