Complaint investigation manuals
| Submitted | June 19, 2017 |
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Communications
From: Evan Anderson
To Whom It May Concern:
Pursuant to the Ohio Open Records Law, I hereby request the following records:
Any manual or other guidance document used in the course of investigating a complaint and/or determining whether a licensee's conduct warrants censure.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I would request your response within ten (10) business days.
Sincerely,
Evan Anderson
From: Med-PublicRecordRequests@med.ohio.gov
ACKNOWLEDGEMENT OF RECEIPT
This message acknowledges receipt of your request for public records, which is under review. For an explanation of what constitutes a public record and the Medical Board’s processing of public record requests, please refer to our Public Records Policy posted on our website at:
http://med.ohio.gov/DNN/PDF-FOLDERS/For-The-Public/Public_Records_Policy.pdf
If you have questions concerning the status of your request, please feel free to contact the Medical Board at:
David Katko
Assistant Legal Counsel
(614) 466-9255
David.Katko@med.ohio.gov<mailto:David.Katko@med.ohio.gov>
From: David.Katko@med.ohio.gov
Mr. Anderson: Your public records request submitted to the State Medical Board of Ohio has been forwarded to me for response. You requested "[a]ny manual or other guidance document used in the course of investigating a complaint and/or determining whether a licensee's conduct warrants censure."
Attached are records responsive to your request. Please note that confidential attorney/client memos on pages 54-55 and 64-66 of the manual have been redacted in whole and are not included in the documents as they constitute attorney/client privileged communication. As such, they are confidential and not public records pursuant to State ex rel. Leslie v. Ohio Housing Finance Agency, 105 Ohio St. 3d 261.
In addition, please note that Board Member residence addresses have been redacted as they are not public record, as well as employee home telephone numbers. See State ex rel. Dispatch Printing Company et al. v. Johnson (2005), 106 Ohio St. 3d 160, 168.
This response completes your public records request in its entirety.
David P. Katko, Assistant Legal Counsel
State Medical Board of Ohio
30 East Broad Street, 3rd Floor
Columbus, OH 43215-6127
Phone: 614-466-9255
Fax: 614-728-5946
E-mail: David.Katko@med.ohio.gov<mailto:David.Katko@med.ohio.gov>
Web address: www.med.ohio.gov<http://www.med.ohio.gov/>
Confidentiality Notice: This message is intended for use only by the individual or entity to whom or which it is addressed and may contain information that is privileged, confidential and/or otherwise exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify me immediately by telephone.
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