I'm not as up on all the rules as you are, but I thought they couldn't give a copy (certified or not) to any one not on the §338-18(b) list, that they could only release the index data. Which rule requires them to give a noncertified copy?
HRS 338-18a only says they can’t disclose anything from a BC that is not ALREADY AUTHORIZED by statute or by the DOH rules. So to find out what they can release, you have to look at the DOH administrative rules, which Fukino illegally hid until November of 2009. Those rules list the 4 types of certificates available and who is eligible to receive them: certified long-form, certified abbreviated (COLB), non-certified long-form, and non-certified COLB. The non-certified abbreviated BC (COLB) is authorized to be released to anybody who asks for it.
You can see that on page 20 at http://gen.doh.hawaii.gov/sites/har/AdmRules1/8%208A%20B%20VR%20Admin%20Rules.pdf , where it talks about eligibility to receive an abbreviated copy. A non-certified copy is available to anybody. The reason the certified copy isn’t available to everybody is obvious: because it could be used for identity fraud. They don’t really care who knows the INFORMATION on the COLB - just who has the copy which could be used for identity theft.
That flies in the face of everything Fukino has been claiming.
When I have asked for non-certified abbreviated copies of any certificates (birth, death, marriage) the HDOH has tried to say that HRS 338-18 says they can’t give me that bercause I’m not eligible, but the only prohibitions in HRS 338-18 are for CERTIFIED copies. The rules expressly allow non-certified abbreviated copies to be given to anybody.
Of course, nobody knew that until November of 2009 because Fukino illegally hid the rules. This whole issue has only broken open since somebody (Lt Gov Aiona?) - after months of pressure from some of us - forced the HDOH to obey the law and post their administrative rules. If Fukino had obeyed the law and had the rules posted during the campaign, this whole mess could never have happened. It was Fukino’s breaking of the law which enabled all of this.