Judges: RICHARD P. IEYOUB
Filed Date: 6/23/1996
Status: Precedential
Modified Date: 7/5/2016
Dear Dr. Mack:
This office is in receipt of your letter dated April 18, 1996, addressed to Senator Johnston in which you present certain questions relative to your office's ability to collect fees. Your letter was forwarded to this office for reply. Specifically, you ask whether your office can charge for the disbursement of autopsy reports which are considered the final medical record of a deceased person. You cite LSA-R.S.
LSA-R.S.
Under this statutory provision "all" writing prepared by the coroner for use in the conduct of any business which is performed under the authority of law would be subject to public inspection, unless such records are a part of a criminal investigation or death of a child under seven. It was noted this was especially true in light of the mandate that the Public Records Act must be liberally construed so as to enlarge rather than restrict access to public records by the public.
The requested reproduction and release of final medical reports compiled by the coroner's office is a legal disbursement of public records. The fees to be charged for this disbursement are provided for in LSA-R.S.
C. (1) (a) For all public records, except public records of state agencies, it shall be the duty of the custodian of such public records to provide copies to persons so requesting. The custodian may establish and collect reasonable fees for making copies of public records. Copies of records may be furnished without charge or at a reduced charge to indigent citizens of this state.
In determining what constitutes "reasonable fees", Attorney General Opinion 96-79 advised a mayoral office to follow LSA-R.S.
In conclusion, your office cannot charge for the disbursement of final medical records under R.S.
I trust this addresses your concerns. Should you have any further questions, please contact this office.
Very truly yours,
RICHARD P. IEYOUB ATTORNEY GENERAL
BY: ___________________________ CARLOS M. FINALET, III ASSISTANT ATTORNEY GENERAL
RPI/CMF
a:cmf/opinions96/96-270.op
cc: Senator J. Bennett Johnston
Date Received: Date Released: June 23, 1996
Carlos M. Finalet, III Assistant Attorney General
Senator J. Bennett Johnston 1510 One American Place Baton Rouge, Louisiana 70825