Opinion
Opinion By: Albert B. Chandler III, Attorney General; Gerard R. Gerhard, Assistant Attorney General
Open Records Decision
The question presented in this appeal is whether the Inmate Medical Records Unit at the Blackburn Correctional Complex, withheld, in violation of Kentucky's Open Records provisions, "a copy of print out notes that was dictated, on 4/17/03 by Dr. Hosey, and notes dictated by Dr. Joyce, on 5/22/03 or the physician orders on the above dates."
By requests dated 6/10/03 and 6/13/03, Freeland Riley asked that the Inmate Medical Records unit of the Blackburn Correctional Complex, provide copies of certain records (see above). In responses dated 6/12/03 and 6/13/03, related to those requests, Mr. Riley was advised that the records sought had not been received at Blackburn.
Following Mr. Riley's appeal, a copy of dictated notes of Dr. Hosey related to Mr. Riley's April 17 appointment were located and furnished to Mr. Riley by response dated 06/23/03.
Mr. Riley's contention that the open records laws are being violated appears to be based upon a premise that a transcript (print out) of dictated notes of a physician should be relatively immediately (following either dictation or transcription) in the possession of Blackburn's Medical Records Unit.
Blackburn's Counsel, in response to Mr. Riley's appeal, advised this office that tapes are transcribed by a third party and later forwarded to Blackburn for insertion in an inmate's medical chart. We understand this to explain why Blackburn would not necessarily have "print out" of a transcript immediately upon such transcript being prepared. Counsel also explained that a record related to Mr. Riley's requests had been incorrectly filed and was furnished to Mr. Riley upon being located.
Upon our review incident to this appeal we find that the agency timely responded to Mr. Riley's requests, and indicated it did not have records sought. Such a response has been recognized by this office as satisfying an agency's duty under Open Records provisions. See, for example, 93-ORD-134, p. 13.
Regarding the record furnished to Mr. Riley following his appeal, such furnishing renders an Open Records issue regarding that item moot. 40 KAR 1:030 Section 6.
We find that Blackburn Correctional Complex Inmate Medical Records did not violate provisions of KRS 61.870 to 61.884 in relation to Mr. Riley's requests at issue in this appeal.
A party aggrieved by this decision may appeal it by initiating action in the appropriate circuit court pursuant to KRS 61.846(4)(a). The Attorney General should be notified of any action in circuit court, but should not be named as a party in that action or in any subsequent proceeding.
Freeland Riley # 117555Blackburn Correctional Complex3111 Spurr RoadLexington, Kentucky 40511
Betty Ann WalkerOpen Records CoordinatorBlackburn Correctional Complex3111 Spurr RoadLexington, Kentucky 40511
Emily DennisKentucky Department of CorrectionsP. O. Box 2400Frankfort, Kentucky 40602-2400