Tuesday, April 28, 2015

second response from Texas A&M

Texas A&M emailed me again, with a copy of the letter they submitted to the Texas Attorney General. In the letter they mention a person with a similar request. They are getting several from other people who have participated in the Identity Campaign. I hope they are feeling the pressure! I pray to whoever that they have to release the info and don't hold anything back.

Re: Request for a Decision regarding a Public Information Request from [my name] to
Texas A&M University (TAMU 15-289)

Dear Open Records Division:

On April 24, 2015, we submitted to your office a request for a decision regarding a public
information request received by Texas A&M University (the “university”) on April 10, 2015.
The request, enclosed as Exhibit A, is from ____. Ms. ____[they finally realized I am a woman, said Mr last time] is seeking information
“any and all intake records, transfer records, daily care logs, animal health records, treatment and
progress reports, veterinary reports, necropsy reports, photographs, and videos related to [animal
laboratory identification number 29846] [aka Torolf], and any IACUC-approved protocols for any project to
which [the] animal has been assigned since January 1, 2013.”

After reviewing the responsive information, we believe that some of the requested
information, a representative sample of which is enclosed as Exhibit B, are excepted from
disclosure pursuant to section 552.101 of the Texas Public Information Act, Government Code,
Chapter 552 (the “Act”), in conjunction with section 51.914(a) of the Texas Education Code and
section 80 1.353 of the Texas Occupations Code.

We have also determined that certain of the records which are the subject of _____'s request, specifically the protocols presented to the university’s Institutional Animal
Care and Use Committee, are the same records gathered by the university in response to the
public information request received from [another person] (TAMU 15-269) on April 6, 2015.

Please note that we submitted a request for a decision regarding Ms. [other person]’s request
on April 24, 2015. We will rely on that decision for the information responsive to Ms. [me]’s
request.

Section 552.101. Exception: Information Confidential by Law

The requestor also seeks veterinary records which include videos and other information
that relates to standard and incidental health care of animals owned by the university by veterinarians of the university’s College of Veterinary Medicine and Biomedical Sciences. A
representative sample of such information is enclosed as Exhibit B. We believe this information
is excepted from disclosure pursuant to the Texas Occupations Code, which addresses the
confidential relationship between veterinarians and their clients as follows:
(a) A veterinarian may not violate the confidential relationship between the
veterinarian and the veterinarian’s client.
(b) A veterinarian may not be required to release information concerning the
veterinarian’s care of an animal, except on the veterinarian’s receipt of:
(1) a written authorization or other form of waiver executed by the client;
or
(2) an appropriate court order or subpoena. [this is the important part. Sound like they are NOT required to release info!]
(c) A veterinarian who releases information as required under Subsection (b) is
not liable to any person, including the client, for an action resulting from the
disclosure.
(d) The privilege provided by this section is waived by the client or the owner of
an animal treated by the veterinarian to the extent the client or owner places at
issue in a civil or criminal proceeding:
(1) the nature and extent of the animal’s injuries; or
(2) the care and treatment of the animal provided by the veterinarian.
(d-l) The privilege provided by this section is waived by the client or the owner
of the animal treated by the veterinarian in a proceeding to substantiate and
collect on a claim for the provision of or a debt incurred for veterinary services.
(e) This section does not apply to an inspection or investigation conducted by the
[State Board of Veterinary Medical Examiners] or an agent of the board.
(f) A veterinarian does not violate this section by providing the name or address
of a client, or the rabies vaccination status of a specific client’s specific animal, to
a public health authority, veterinarian, physician, or other licensed health care
professional who requests the identity of the client to obtain information for:
(1) the verification of a rabies vaccination;
(2) other treatment involving a life-threatening situation; or
(3) a public health purpose.
(g) A public health authority that receives information under Subsection (f) shall
maintain the confidentiality of the information, may not disclose the information
under Chapter 552, Government Code, and may not use the information for a
purpose that does not directly relate to the protection of public health and safety.

TEx. 0cc. CoDE ANN. §
801.353 (Vernon Supp. 2013).

Through BFP's Facebook page, I have also found others who are being given the same crap. Everyone is getting these letters in the school's attempt to cover up info. Bring it on, Texas A&M. WE WILL NOT BE STOPPED.

Here are the codes the letter refers to:
51.914 http://codes.lp.findlaw.com/txstatutes/ED/3/A/51/Z/51.914
552.101 http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.552.htm
801.353 is covered in the last part of the letter.

-TDG

4 comments:

  1. I SUPPOSE I'LL BE GETTING THAT PIECE OF CRAP letter TODAY. I'LL LET YOU KNOW ARRRRRRRRROOOOOOOOOOOOOOS GARNET

    ReplyDelete
  2. NOPE...................... GOT NO letter & NO EMAIL. I GUESS MY DOG DOESN'T EVEN RATE THAT. I AM THOROUGHLY DISGUSTED.................. AND MAD AS HELL!!!!!!!!!!!!!!!!!!!!!!!!!

    ReplyDelete
    Replies
    1. It probably depends on the day they received your request. They have a certain amount of time to respond to you. However, if they don't keep you update, I think they can get in trouble (not sure, but they have to abide by the Freedom of Info Act).

      BTW, I didn't get an email alert that you commented, so forgive me if you end up ignored.

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    2. Also if you end up not getting a response soon, of course be sure to alert BFP!

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