Court: Hospital improperly held pharmacy audit

Broadlawns Medical Center improperly kept secret an audit of its pharmacy done in the wake of drug thefts there, the Iowa Supreme Court ruled Friday.

Broadlawns, which is owned and financed by Polk County taxpayers, has fought to prevent release of the audit since The Des Moines Register requested a copy in 2009. The audit was performed by the pharmacys director after a pharmacist who worked there admitted she stole addictive narcotics.

Pharmacy Director Mark Hall and hospital executives contended that the report should not be made public because they gave a copy of it to the Iowa Board of Pharmacy, whose investigative files generally are confidential. A district judge ruled in favor of the hospital in 2010, but the Supreme Court disagreed on Friday.

The court said public officials may not automatically make documents confidential by giving copies to a regulatory board. In this case, the justices said, the newspaper should have been given the audit.

The public interest in information related to the theft of drugs from a pharmacy at a hospital funded by taxpayers is compelling, the justices wrote in a ruling released Friday morning.

By Friday afternoon, Broadlawns still had not released the audit. The hospitals spokeswoman referred questions to a private law firm handling the case.

Lawyer Stacie Codr said Friday afternoon that she was unprepared to discuss details, including how much money the public hospital spent on legal fees in the drawn-out fight.

In its ruling, the Supreme Court said a lower court should decide whether the hospital also should reimburse the newspaper for its legal costs.

Register Editor Rick Green hailed Fridays developments.

The Iowa Supreme Courts ruling today confirms what The Des Moines Register has long held: This audit is a public document and taxpayers deserve the opportunity to review it, Green said in a prepared statement.

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Court: Hospital improperly held pharmacy audit