Opinion
Opinion By: Albert B. Chandler III, Attorney General; Michelle D. Harrison, Assistant Attorney General
Open Records Decision
At issue in the instant appeal is whether Blackburn Correctional Complex correctly relied upon KRS 197.025(2), incorporated into the Open Records Act by operation of KRS 61.878(1)(l), in partially denying 1 Mike Bechtel's request to inspect "[p]hysicians['] or [d]octors['] order sheets, all clinic notes (from Nov. 2002 until [present]), criteria for treatment of Hepatitis C, and protocol plan (see) Lang v. Sapp, 71 S.W.3d 133 (2002)." Having been sufficiently advised, we find that 03-ORD-073, a copy of which is attached hereto and incorporated by reference, is controlling. Consistent with that decision and the authorities cited therein, we affirm BCC's disposition of Mr. Bechtel's request. KRS 197.025(2); 98-ORD-150.
A party aggrieved by this decision may appeal it by initiating an 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 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.
Distributed to:
Mike Bechtel, #118008Blackburn Correctional Complex, A-1311 Spurr RoadLexington, KY 40511
Betty Ann WalkerBlackburn Correctional Complex311 Spurr RoadLexington, KY 40511
Emily DennisDepartment of CorrectionsOffice of General Counsel2439 Old Lawrenceburg RoadP.O. Box 2400Frankfort, KY 40602-2400
Footnotes
Footnotes
1 In a response dated November 21, 2003, Virginia C. Binning, the Medical Records Specialist at BCC, indicated that a copy of the "physicians' notes and progress notes from November 2002 until the present date [was] enclosed[,]" but correctly denied Mr. Bechtel's request for the "document pertaining to treatment of Hepatitis C" because it does not contain a specific reference to him.