Opinion
Opinion By: Andy Beshear,Attorney General;James M. Herrick,Assistant Attorney General
Open Records Decision
The issue presented in this appeal is whether the Little Sandy Correctional Complex ("LSCC") violated the Open Records Act in its disposition of the open records request of inmate Uriah Pasha. We find no violation of the Act.
In his request dated December 5, 2017, and received December 7, 2017, Mr. Pasha requested "[a] copy of the Medical Order/RX/Notes from APRN Tyara Hughes for Inmate Uriah M. Pasha # 092028 to receive the treatment recommended by St. Claire Regional Medical Center 10/20/2017, after his colonscpo [sic] i.e.: 'INCREASE YOUR DIETARY FIBER AND CONSIDER STARTING A STOOL SOFTENER ALSO CONSIDER HEMORRHOIDAL SUPPOSITORIES.'" On December 12, 2017, 1 Medical Records Clerk Tina Moore replied "that there is no public record maintained by the Department of Corrections responsive to your request." She further explained:
Please be advised I conducted an extensive search of your records and found no documentation of any orders from APRN Hughes regarding treatment recommendations, as you were not seen by APRN Hughes upon return of visit to St. Claire Regional Medical Center. You can also request to view your records as long as you are not housed in a segregation dorm.
Mr. Pasha's appeal was received in this office on December 18, 2017, arguing that APRN Hughes must have made "some form of notes" after reviewing his hospital discharge summary and therefore a responsive record must exist.
A public agency cannot afford a requester access to a record that it does not have or that does not exist. 99-ORD-98. The agency discharges its duty under the Open Records Act by affirmatively so stating. 99-ORD-150. Mr. Pasha's supposition that APRN Hughes would have made notes after his hospital discharge is not evidence that such a record exists. Furthermore, LSCC has stated that Mr. Pasha is free to make a follow-up request to inspect the medical records that do exist. Therefore, we find no violation by LSCC.
A party aggrieved by this decision may appeal it by initiating action in the appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882. Pursuant to KRS 61.880(3), the Attorney General shall be notified of any action in circuit court, but shall not be named as a party in that action or in any subsequent proceeding.
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