i just recieved this email from my bon. i'm not too worried, but i am curious as to why a law office wants the names and email addresses for all nurses in indiana.. hmmmm... has anyone else recieved a notice like this before??? ( not looking for any sort of leagal advice, just wondering what everyone thinks)
important message from the indiana state board of nursing[/h]
please be advised that a public records request made by lorie a. brown of brown law office, p.c. under indiana code ch. 5-17-3 for a list of the names and email addresses of all nurses licensed by the indiana state board of nursing was denied by the indiana professional licensing agency on february 15, 2011. denial was the result of an informal inquiry response received from the public access counselor on or about february 15, 2011. brown law office, p.c. did not appeal the denial of its request by the indiana professional licensing agency to the indiana public access counselor, but instead filed an action in the marion county superior court under cause number 49d02-1103-pl-12656 to compel disclosure of the requested information. the case is ongoing at this time.
this notice is being sent pursuant to indiana code 5-17-3-9(e) which states:
"a person who has been denied the right to inspect or copy a public record by a public agency may file an action in the circuit or superior court of the county in which the denial occurred to compel the public agency to permit the person to inspect and copy the public record. whenever an action is filed under this subsection, the public agency must notify each person who supplied any part of the public record at issue:
(1) that a request for release of the public record has been denied; and
(2) whether the denial was in compliance with an informal inquiry response or advisory opinion of the public access counselor.
such persons are entitled to intervene in any litigation that results from the denial. the person who has been denied the right to inspect or copy need not allege or prove any special damage different from that suffered by the public at large."
should you wish to intervene in the above matter, please seek the advice of a legal professional. neither the indiana professional licensing agency nor the indiana state board of nursing can provide you with legal advice. other questions or concerns may be submitted to firstname.lastname@example.org
indiana state board of nursing
Jun 22, '12
If you read the letter It's still in litigation. She is still denied based upon the letter posted; as written in the letter, since she was denied her request for public records ( I wasnt aware that email addresses were considered public record, hence her request for release) and she has filed an action with a higher court, the BON is legally obligated to notify all affected parties that the request has been denied and the requesting party has filed an action with a higher court, so you (the affected parties) have the opportunity to consult an attorney and intervene.
Last edit by JustBeachyNurse on Jun 23, '12
: Reason: correct appeal to action