Chapter 338 — Chapter 338

PART I. STATE PUBLIC HEALTH STATISTICS ACT §338-1 Definitions of terms. As used in this part unless the context otherwise indicates: "Dead body" means lifeless human body, or such parts of the human body, or the bones thereof, from the state of which it reasonably may be conclude…

§338-10 Late determination of the cause of death. If the cause of death cannot be determined within three days, the certification of its cause may be filed after the prescribed period, but the attending physician, advanced practice registered nurse, or coroner's physician shall n…

§338-11 Form of certificates. The forms of certificates shall include as a minimum the items required by the respective standard certificates as recommended by the Public Health Service, National Center for Health Statistics, subject to approval of and modification by the departm…

§338-12 Evidentiary character of certificates. Certificates filed within thirty days after the time prescribed therefor shall be prima facie evidence of the facts therein stated. Data pertaining to a parent of a child is prima facie evidence if:

§338-13 Certified copies. (a) Subject to the requirements of sections 338-16, 338-17, and 338-18, the department of health shall, upon request, furnish to any applicant a certified copy of any certificate, or the contents of any certificate, or any part thereof. (b) Copies of the…

§338-14 Fees for certified copies and searches; transcripts or other statistical summaries of vital records for National Center for Health Statistics; certified copies for veterans and others; and corrections on vital statistics certificates. (a) The department of health shall es…

§338-14.3 Verification in lieu of a certified copy. (a) Subject to the requirements of section 338-18, the department of health, upon request, shall furnish to any applicant, in lieu of the issuance of a certified copy, a verification of the existence of a certificate and any oth…

§338-14.6 Vital statistics improvement special fund. (a) There is established within the state treasury a special fund to be known as the vital statistics improvement special fund. The fund shall be administered and expended by the department of health. (b) Moneys in the fund sha…

§338-15 Late or altered certificates. A person born in the State may file or amend a certificate after the time prescribed, upon submitting proof as required by rules adopted by the department of health. Certificates registered after the time prescribed for filing by the rules of…

§338-16 Procedure concerning late and altered birth certificates. (a) Birth certificates registered one year or more after the date of birth, and certificates which have been altered after being filed with the department of health, shall contain the date of the late filing and th…

§338-17 Late or altered certificate as evidence. The probative value of a "late" or "altered" certificate shall be determined by the judicial or administrative body or official before whom the certificate is offered as evidence. [L 1949, c 327, §21; RL 1955, §57-20; HRS §338-17; …

§338-17.5 Judicial procedure to establish facts of birth. (a) If a delayed certificate of birth is rejected under section 338-16, a petition may be filed with the circuit court for an order establishing a record of the date and place of the birth and the parentage of the person w…

§338-17.7 Establishment of new certificates of birth, when. (a) The department of health shall establish, in the following circumstances, a new certificate of birth for a person born in this State who already has a birth certificate filed with the department and who is referred t…

§338-18 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 i…

§338-18.5 REPEALED. L 2021, c 199, §3.

§338-19 Photostatic or typewritten copies of records. The department of health is authorized to prepare typewritten, photostatic, or microphotographic copies of any records and files in its office, which by reason of age, usage, or otherwise are in such condition that they can no…

§338-2 Authority and duties of the department of health. The department of health, herein referred to as the department, shall:

§338-20 Adoption. (a) In case of the adoption of any person born in the State, the department of health, upon receipt of a properly certified copy of the adoption decree, or certified abstract thereof on a form approved by the department, shall prepare a supplementary certificate…

§338-20.5 Adoption; foreign born persons. (a) The department of health shall establish a Hawaii certificate of birth for a person born in a foreign country and for whom a final decree of adoption has been entered in a court of competent jurisdiction in Hawaii, when it receives th…

§338-21 Children born to parents not married to each other. (a) All children born to parents not married to each other, irrespective of the marriage of either natural parent to another, on: are entitled to the same rights as those born to parents married to each other and shall t…

§338-22 Other persons required to make records. Persons in charge of institutions for care or correction or for treatment of disease, injury, or childbirth shall record and report all statistical data required by this part relating to their inmates or patients. [L 1949, c 327, §2…

§338-23 Permit for removal, burial, or other disposition of body. When a death or fetal death occurs or a dead body is found, the body shall not be disposed of or removed from the registration district until a written permit has been issued by the local agent of the department of…

§338-24 Foreign permit for removal, burial, or other disposition of body. When the death or fetal death occurs outside this State and the body is accompanied by a permit for burial, removal, or other disposition issued in accordance with the law and regulations in force where the…

§338-25 Prerequisite for permit. No permit under section 338-23 shall be issued until a certificate of death or fetal death, as far as it can be completed under the circumstances of the case, has been filed and until all the regulations of the department of health in respect to t…

§338-25.5 Disinterment of human bodies. (a) No corpse, nor the remains of any dead human body, exclusive of ashes, shall be exposed, disturbed, or removed from its place of burial, nor shall the receptacle, container, or coffin holding the remains or corpse be opened, removed, or…

§§338-26 and 338-27 REPEALED. L 1974, c 31, §§4, 5.

§338-28 Transmittal of certificates to department. Local agents of the department of health shall transmit all certificates filed with them to the department in accordance with regulations of the department. [L 1949, c 327, §32; RL 1955, §57-31; am L Sp 1959 2d, c 1, §19; HRS §33…

§338-29 REPEALED. L 2002, c 51, §1.

§338-29.5 Late registration of death, fetal death, marriage, and divorce. (a) When a death, fetal death, marriage, or divorce occurring in this State has not been registered, a certificate may be filed in accordance with rules adopted by the department of health. The certificate …

§338-3 Registration districts. The department of health shall divide the State from time to time into public health statistics registration districts, which shall conform to political subdivisions, or combinations thereof, or such other subdivision as the department may deem advi…

§338-30 Penalties. (a) Except where a different penalty is provided in this part, any person who violates this part, or neglects or refuses to perform any of the duties imposed upon the person by this part, shall be fined not more than $100. (b) Any person who wilfully makes or a…

§338-4 Deaths reported to county clerks. The department of health shall within six weeks after the end of each month deliver, or forward by mail, to the county clerk of each county a list of the names of all citizens of voting age or over whose deaths have been recorded in the de…

§338-4.5 REPEALED. L 2016, c 85, §3.

PART II. CERTIFICATES OF HAWAIIAN BIRTH §338-41 Issuance; procedure. (a) The department of health may make regulations respecting the form of Hawaiian birth certificates and certified copies of such certificates and other matters relating to Hawaii birth certificates as appear ne…

§338-42 REPEALED. L 1997, c 216, §§9, 13; L 1999, c 194, §1.

§338-43 [OLD] REPEALED. L 1972, c 66, §1(6). §338-43 Perjury. Any applicant or any person who gives or offers any false testimony, oral or written, under oath, in support or respect of any application for a certificate under section 338-41, shall be deemed guilty of perjury and s…

§338-44 Renumbered as §338-43.

§338-5 Compulsory registration of births. Within the time prescribed by the department of health, a certificate of every birth shall be substantially completed and filed with the local agent of the department in the district in which the birth occurred, by the administrator or de…

§338-6 Local agent to prepare birth certificate. (a) If neither parent of the newborn child whose birth is unattended as provided in section 338-5 is able to prepare a birth certificate, the local agent of the department of health shall secure the necessary information from any p…

§338-7 Registration of foundlings; foundling report. (a) Whoever assumes the custody of a living child of unknown parentage shall immediately report, on a form to be approved by the department of health, to the local agent of the department the following: (b) The place where the …

§338-8 Compulsory registration of deaths and fetal deaths. A certificate of every death or fetal death shall be filed with the department of health in Honolulu or with the local agent of the department of health in the district in which the death or fetal death occurred or a dead…

§338-9 Filing and preparation of death and fetal death certificates. (a) The person in charge of the disposition of the body shall file with the department of health in Honolulu or with the local agent of the department of health in the district in which the death or fetal death …