NOTE: As provided in LFC policy, this report is
intended only for use by the standing finance committees of the
legislature. The Legislative Finance Committee does not assume
responsibility for the accuracy of the information in this report when used for
other purposes.
The most recent FIR
version (in HTML & Adobe PDF formats) is available on the Legislative
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all attachments, whereas the HTML version does not. Previously issued FIRs and attachments may be
obtained from the LFC in
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SPONSOR: |
Rawson |
DATE TYPED: |
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HB |
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SHORT TITLE: |
Disclosure of Complaints Against Licensees |
SB |
268/aSPAC |
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ANALYST: |
Maloy |
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APPROPRIATION
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Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
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FY03 |
FY04 |
FY03 |
FY04 |
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NFI |
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NFI |
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Responses
Received From
Office
of the Attorney General
Regulation
and Licensing Department
Commission
of Public Records
Board
of Nursing
Board
of Medical Examiners
SUMMARY
Synopsis
of the SPAC Amendment
The Senate Public
Affairs Committee amended Senate Bill 678 to provide that information relating
to an administrative disciplinary decision involving a licensee is to be made
available to the public “upon request”.
This is a sound
amendment. This prevents agencies from
simply publishing/posting such decisions in mass, but allows the consumer to
protect himself by specifically looking into a licensee’s compliance
standing over the past several years
(dependent upon the destruction of records requirements of the agency).
Senate Bill 268
expressly grants public access to administrative disciplinary decisions (findings
of fact and conclusions of law) involving professional licensees. This express
language is added to the Uniform Licensing Act.
Significant
Issues
Pursuant to the
Inspection of Public Records Act, these records are currently available to the
public, unless expressly exempted for unique privacy or public policy reasons
under the different boards’ enabling acts, or the Inspection of Public Records
Act.
At this time, the only
real blanket restriction on the release of such information (or similar information)
is that boards and commissions do not have to release complaint information
regarding a licensee that has not been adjudicated, as such a release may
jeopardize the case preparations and prosecution.
FISCAL IMPLICATIONS
There are no fiscal
implications for the state unless the Inspection of Public Records Act is violated. In which case, monetary damages may be
awarded to a complainant.
SJM/sb:yr:njw