FREEDOM
OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
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In the Matter of a Complaint by |
FINAL DECISION |
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John Wozniak, |
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Complainants |
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against |
Docket #FIC 2001-249 | |
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Commissioner, State of Connecticut, |
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Respondents |
October 24, 2001 | |
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The above-captioned matter was heard as a contested case on June 26, 2001, at which time the complainant and the respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.
After consideration of the entire record, the following facts are found and conclusions of law are reached:
1. The respondents are public agencies within the meaning of §1-200(1), G.S.
2. It is found that, by letter dated February 27, 2001, the complainant’s counsel requested that the respondent provide him with copies of all records for Dr. William Massie, including Dr. Massie’s controlled substance registrations from January 31, 1998 to the present; all internal memoranda and correspondence on file with the agency concerning such registration; all correspondence with the federal Drug Enforcement Agency [hereinafter “DEA”]; all reports or correspondence with the DEA in relation to registration #BM1753258; all records regarding each inquiry concerning the status of Dr. Massie’s drug control registration; and all internal procedures regarding lapses of drug control registration of doctors, with specific reference to the procedure to notify pharmacies, other doctors or the DEA.
3. It is found that, by letter dated March 2, 2001, the respondents acknowledged the request described in paragraph 2, above.
4. It is found that, by letter dated March 12, 2001, the respondents informed the complainant that they did not keep on file or maintain records responsive to the following requests: correspondence with the DEA; records regarding each inquiry concerning the status of Dr. Massie’s drug control registration; and internal procedures regarding lapses of drug control registration of doctors. It is further found that, by such letter, the respondents provided the complainant with copies of Dr. Massie’s controlled substance registrations from January 31, 1998 to the present.
5. It is further found that, by the letter described in paragraph 4, above, the respondents denied the complainant copies of the following records, citing §§20-578 and 21a-265, G.S.: internal memoranda and correspondence on file with the agency concerning Dr. Massie’s registration; and reports or correspondence with the DEA in relation to registration #BM1753258.
6. It is found that, by letter dated May 2, 2001, the complainant renewed the request described in paragraph 2, above, and that, by letter dated May 14, 2001, the respondents renewed their response, including the denial citing §§20-578 and 21a-265, G.S., as described in paragraph 5, above.
7. By letter dated May 17, 2001, and filed with the Commission on May 21, 2001, the complainant alleged that the respondents violated the Freedom of Information Act by denying him copies of the records described in paragraph 5, above [hereinafter “the requested records”].
8. It is found that, to the extent that they exist, the requested records are public records within the meaning of §§1-210(a) and 1-212(a), G.S.
9. Section 1-210(a), G.S.,
provides in relevant part:
[e]xcept as otherwise provided by any federal law or state statute, all records maintained…by any public agency…shall be public records and every person shall have the right to… receive a copy of such records in accordance with the provisions of section 1-212….
10. Section 1-212(a), G.S., further provides in relevant part: “[a]ny person applying in writing shall receive, promptly upon request, a plain or certified copy of any public record…”
11. Section 20-578, G.S., in relevant part provides:
[i]nformation received by the Department of Public Health, Department of Consumer Protection or Commission of Pharmacy through filed reports or inspection or as otherwise authorized under chapters 418 and 420b and sections 20-570 to 20-625, inclusive, shall not be disclosed publicly in such a manner as to identify individuals or institutions, except in a proceeding involving the question of licensure or right to practice. Nothing in this section shall be construed to prohibit the Commissioner of Consumer Protection from disclosing information gained through the inspection of pharmacies and outlets holding permits for the sale of nonlegend drugs if the commissioner considers such disclosure to be in the interest of public health.
12. It is found that the requested records constitute records received by the Department of Public Health, Department of Consumer Protection or Commission of Pharmacy through filed reports or inspection, or as otherwise authorized under chapter 420b, and that such records do not concern nonlegend drugs, within the meaning of §20-578, G.S. Accordingly, it is concluded that the requested records are exempt from mandatory disclosure pursuant to §20-578, G.S., and that, therefore, the respondents did not violate §§1-210(a) and 1-212(a), G.S., as alleged in the complaint.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
1. The complaint is hereby dismissed.
Approved by Order of the Freedom of Information Commission at its regular meeting of October 24, 2001.
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Petrea A. Jones
Acting Clerk of the Commission
PURSUANT TO SECTION 4-180(c), G.S., THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST RECENT MAILING ADDRESS, PROVIDED TO THE FREEDOM OF INFORMATION COMMISSION, OF THE PARTIES OR THEIR AUTHORIZED REPRESENTATIVE.
THE PARTIES TO THIS CONTESTED CASE ARE:
John Wozniak
c/o Vincent T. McManus, Jr., Esq.
116 South Main Street
Wallingford, CT 06492
Commissioner, State of Connecticut,
Department of Consumer Protection;
and State of Connecticut, Department
of Consumer Protection
c/o Garry Desjardins, Esq.
Assistant Attorney General
110 Sherman Street
Hartford, CT 06105
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Petrea A. Jones
Acting Clerk of the Commission
FIC/2001-249/FD/paj/10/29/2001