Actually, it is both HPD and Kaiser.
Firearm disqualification for medical reasons is defined right there in the law, so how can Kaiser say they cannot make a determination? Its pretty commonsense if someone has an organic brain disease, mental disorder or addiction that is serious enough to warrant an opinion from a physician that the individual is not mentally fit to own firearms.
Further more, a doctor is not held liable for issuing a letter for an individual, so long as they do not do so with malicious intent. This is defined in HRS 134-18.
I call bullshit on Kaiser, just like I call bullshit on HPD for most of their firearm policies.
Actually, it's not Kaiser/Straub. It was a change in HPD policy, and an illegal one at that.
The law does not read that a medical provider must "Make a determination" as to a persons mental fitness to own a firearm. It says they must "Provide information relating to the persons medical history" relevant to their mental state. It's quite a leap from "providing information" via medical records to "making a determination", which would require a mental fitness exam.
The reality is that a persons mental state can, and will, change. Either over time, or due to some outside influence, and it may not be apparent to a persons physician, that they may see once a year. HRS 134-18 notwithstanding, and due the current state of our judicial system, a suit could be brought against the doctor and the provider. Whether it would stand up in court is irrelevant, publicly, the damage would be done and the provider and doctor could suffer damage to their reputation and loss of income because of it.
IMO, this was an attempt by the powers that be, through HPD, to force the medical providers to commit to performing a mental evaluation without having to go through the "hassle" of changing the law to require said evaluation. Something they know would face stiff opposition, amongst a host of other problems. Had they been successful with Kaiser/Straub it's a sure bet that they would've expanded that "requirement" to the rest of us in due course.
Mark my words, we WILL see legislation to this effect introduced this year or the next, if hasn't been already.