Hawaii Revised Statutes

Haw. Rev. Stat. § 338-5 (2026)

Compulsory registration of births

✓ current as of July 2026

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§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 designated representative of the birthing facility, or physician, or midwife, or other legally authorized person in attendance at the birth; or if not so attended, by one of the parents.

The birth facility shall make available to the department appropriate medical records for the purpose of monitoring compliance with the provisions of this chapter. [L 1949, c 327, §9; RL 1955, §57-8; am L Sp 1959 2d, c 1, §19; HRS §338-5; am L 1988, c 149, §1]

Case Notes

Compulsory reporting not objectionable. 466 F. Supp. 714 (1979).

Notes of Decisions

Cited in 2 cases, 1979–2009 · leading case: Jech v. Burch, 466 F. Supp. 714 (D. Haw. 1979).

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Jech v. Burch, 466 F. Supp. 714 (D. Haw. 1979). “§ 338-5 (1976) (compulsory registration of births), H.”

Ritchie v. Wahiawa Gen. Hosp., 597 F. Supp. 2d 1100 (D. Haw. 2009). · cites it 5× “To the extent Plaintiffs make a claim of negligence per se based upon Defendant’s failure to follow their own policies or HRS §§ 338-5 and 338-8, the court DENIES Plaintiffs' Motion for Partial Summary Judgment.”

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