338-1 Definitions of terms
338-2 Authority and duties of the department of health
338-3 Registration districts
338-4 Deaths reported to county clerks
338-5 Compulsory registration of births
338-6 Local agent to prepare birth certificate
338-7 Registration of foundlings; foundling report
338-8 Compulsory registration of deaths and fetal deaths
338-9 Filing and preparation of death and fetal death certificates
338-10 Late determination of the cause of death
338-11 Form of certificates
338-12 Evidentiary character of certificates
338-13 Certified copies
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
338-14.3 Verification in lieu of a certified copy
338-14.5 Copies of certificate; fees
338-14.6 Vital statistics improvement special fund
338-15 Late or altered certificates
338-16 Procedure concerning late and altered birth certificates
338-17 Late or altered certificate as evidence
338-17.5 Judicial procedure to establish facts of birth
338-17.7 Establishment of new certificates of birth, when
338-17.8 Certificates for children born out of State
338-18 Disclosure of records
338-18.5 Sharing of vital statistics records with department of health program employees for approved research purposes
338-19 Photostatic or typewritten copies of records
338-20 Adoption
338-20.5 Adoption; foreign born persons
338-21 Children born to parents not married to each other
338-22 Other persons required to make records
338-23 Permit for removal, burial, or other disposition of body
338-24 Foreign permit for removal, burial, or other disposition of body
338-25 Prerequisite for permit
338-25.5 Disinterment of human bodies
338-25.6 Fee
338-28 Transmittal of certificates to department
338-29.5 Late registration of death, fetal death, marriage, and divorce
338-30 Penalties

Terms Used In Hawaii Revised Statutes > Chapter 338 > Part I

  • Acknowledgment: means a declaration by a person before a notary public that the person has signed a document for the purpose stated in the document and, if the document is signed in a representative capacity, that the person signed the document with proper authority and signed it as the act of the person or entity identified in the document. See Hawaii Revised Statutes 456-1.6
  • Advanced practice registered nurse: means a registered nurse who has met the qualifications for advanced practice registered nurse licensure set forth in this chapter and through rules of the board, which shall include educational requirements. See Hawaii Revised Statutes 457-2
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Board: means the state board of nursing. See Hawaii Revised Statutes 457-2
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Competency: means the ability of a nurse to integrate knowledge, skills, judgment and personal attributes to practice safely and ethically in the professional nursing position and in accordance with the scope of nationally recognized nursing practices. See Hawaii Revised Statutes 457-2
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • 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 concluded that death recently occurred. See Hawaii Revised Statutes 338-1
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Distant site: means the location of the nurse delivering services through telehealth at the time the services are provided. See Hawaii Revised Statutes 457-2
  • Document: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Hawaii Revised Statutes 456-1.6
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Hawaii Revised Statutes 456-1.6
  • Electronic signature: means an electronic symbol, sound, or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document. See Hawaii Revised Statutes 456-1.6
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • In a representative capacity: means acting as:

         (1)  An authorized officer, agent, partner, trustee, or other representative for a person other than an individual;

         (2)  A public officer, personal representative, guardian, or other representative, in the capacity stated in an applicable document;

         (3)  An agent or attorney-in-fact for a principal; or

         (4)  An authorized representative of another in any other capacity. See Hawaii Revised Statutes 456-1.6

  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Licensure and discipline data: means identifying information that includes but is not limited to the licensee's name, address, social security number, date of birth, and nursing education. See Hawaii Revised Statutes 457-2
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 1-20
  • NCSBN: means the National Council of State Boards of Nursing. See Hawaii Revised Statutes 457-2
  • Notarial act: includes taking an acknowledgment, administering an oath or affirmation, taking a verification upon oath or affirmation, witnessing or attesting a signature, certifying or attesting a copy, and noting a protest of a negotiable instrument. See Hawaii Revised Statutes 456-1.6
  • Notary public: means an individual commissioned to perform a notarial act by the attorney general under this chapter. See Hawaii Revised Statutes 456-1.6
  • Nurse: means a person licensed under this chapter or a person who holds a license under the laws of another state or territory of the United States that is equivalent to a license under this chapter. See Hawaii Revised Statutes 457-2
  • Nursys: means an integrated process for collecting, storing, and sharing information on nurse licensure and enforcement activities related to nurse licensure laws that is administered by a nonprofit organization composed of and controlled by licensing boards. See Hawaii Revised Statutes 457-2
  • oath: includes a solemn affirmation. See Hawaii Revised Statutes 1-21
  • Oath: A promise to tell the truth.
  • Originating site: means the location where the patient is located, whether accompanied or not by a health care provider, at the time services are provided by a nurse through telehealth, including but not limited to a nurse's or health care provider's office, hospital, health care facility, a patient's home, and other non-medical environments such as school-based health centers, university-based health centers, or the work location of a patient. See Hawaii Revised Statutes 457-2
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Physician: means a person licensed to practice medicine or osteopathic medicine under part I of chapter 453 or a practitioner of medicine, osteopathic medicine, or surgery excepted from licensure by section 453-2(b)(3). See Hawaii Revised Statutes 338-1
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public health statistics: includes the registration, preparation, transcription, collection, compilation, and preservation of data pertaining to births, adoptions, legitimations, deaths, fetal deaths, morbidity, marital status, and data incidental thereto. See Hawaii Revised Statutes 338-1
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Sign: means , with present intent to authenticate or adopt a document:

         (1)  To execute or adopt a tangible symbol; or

         (2)  To attach or logically associate with the document an electronic symbol, sound, or process. See Hawaii Revised Statutes 456-1.6

  • Signature: means a tangible symbol or an electronic signature that evidences the signing of a document. See Hawaii Revised Statutes 456-1.6
  • Stamping device: means :

         (1)  A physical device capable of stamping or impressing upon a tangible document a notary seal; or

         (2)  An electronic device or process capable of attaching to, or logically associating with, an electronic document a notary seal. See Hawaii Revised Statutes 456-1.6

  • Statute: A law passed by a legislature.
  • Telehealth: means the use of telecommunications as that term is defined in section 269-1, to encompass four modalities:  store and forward technologies, remote monitoring, live consultation, and mobile health; and which shall include but not be limited to real-time video conferencing-based communication, secure interactive and non-interactive web-based communication, and secure asynchronous information exchange, to transmit patient medical information, including diagnostic-quality digital images and laboratory results for medical interpretation and diagnosis, to support long-distance clinical health care while a patient is at an originating site and the nurse is at a distant site, patient and professional health-related education, public health and health administration, to the extent that it relates to nursing. See Hawaii Revised Statutes 457-2
  • Testify: Answer questions in court.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trustee: A person or institution holding and administering property in trust.
  • Verification on oath or affirmation: means a declaration, made by a person on oath or affirmation before a notary public, that a statement in a document is true. See Hawaii Revised Statutes 456-1.6