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To: MHGinTN
The DOH has taken the position that any related documents are also covered by the statute’s restrictions. This is based on the statute’s wording that no disclosure, inspection or copy of “all or any part of any record” is permitted except as authorized by the statute. …

Not if Donofrio can get Hawaii to separate the "indicative data" from the specific records.

57 posted on 09/27/2009 4:30:33 PM PDT by Red Steel
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To: Red Steel

Red,

Maybe Leo backed down from his inital interpretation of 338-18 (d). I’ve read this several times and it “appears” that 18 (d) does stand alone as Leo indicated (?)

Here is 3 §338-18, including 18(d)

Disclosure of records. (a) To protect the integrity of vital statistics records, to ensure their proper use, and to ensure the efficient and proper administration of the vital statistics system, it shall be unlawful for any person to permit inspection of, or to disclose information contained in vital statistics records, or to copy or issue a copy of all or part of any such record, except as authorized by this part or by rules adopted by the department of health.

(b) The department shall not permit inspection of public health statistics records, or issue a certified copy of any such record or part thereof, unless it is satisfied that the applicant has a direct and tangible interest in the record. The following persons shall be considered to have a direct and tangible interest in a public health statistics record:

(1) The registrant;

(2) The spouse of the registrant;

(3) A parent of the registrant;

(4) A descendant of the registrant;

(5) A person having a common ancestor with the registrant;

(6) A legal guardian of the registrant;

(7) A person or agency acting on behalf of the registrant;

(8) A personal representative of the registrant’s estate;

(9) A person whose right to inspect or obtain a certified copy of the record is established by an order of a court of competent jurisdiction;

(10) Adoptive parents who have filed a petition for adoption and who need to determine the death of one or more of the prospective adopted child’s natural or legal parents;

(11) A person who needs to determine the marital status of a former spouse in order to determine the payment of alimony;

(12) A person who needs to determine the death of a nonrelated co-owner of property purchased under a joint tenancy agreement; and

(13) A person who needs a death certificate for the determination of payments under a credit insurance policy.

(c) The department may permit the use [of] the data contained in public health statistical records for research purposes only, but no identifying use thereof shall be made.

(d) Index data consisting of name and sex of the registrant, type of vital event, and such other data as the director may authorize shall be made available to the public.


63 posted on 09/27/2009 4:53:08 PM PDT by rocco55
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To: Red Steel

My point was that STARWISE told me to reread the material when I complained that Leo’s trust of the staff attorney was premature.


66 posted on 09/27/2009 4:57:24 PM PDT by MHGinTN (Dems, believing they cannot be deceived, it is impossible to convince them when they are deceived.)
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