Hawaii Nursing Home Camera Laws: No Statute, Private-Place Risk

Hawaii has no statute or administrative rule giving a nursing home resident or family a right to install a camera in a resident's room. This article covers what a real search of Hawaii law found, the state's own recording-consent rules that apply instead, and where to turn if a facility interferes.

This page addresses Hawaii specifically. For the 18 states with an enacted electronic-monitoring statute, see the nursing home camera laws hub and the state-by-state comparison.

Does Hawaii Have a Nursing Home Camera Law?

No. A search of Hawaii's health and licensing statutes found no provision addressing electronic monitoring or cameras in a nursing home resident's room. HRS Chapter 321 (Department of Health administration), the Nursing Home Administrators Act (HRS Chapter 457B), and that act's implementing rule (Hawaii Administrative Rules Chapter 90-C, examined section by section) contain nothing on the subject. Hawaii's 2025 and 2026 Legislature passed-bill lists were also checked directly and contain no nursing-home electronic-monitoring bill.

Hawaii Administrative Rules Chapter 94.2, the Department of Health's operating rule for nursing facilities, was also reviewed in full, all 76 sections across admission and discharge, resident care, staffing, and physical-facility standards, including the resident-rights section that lists everything from the right to refuse treatment to the right to personal privacy. None of it mentions a camera, video, audio, or electronic monitoring device in a resident's own room. The one appearance of the words "closed circuit television" in the chapter concerns a facility's own equipment for observing an infection-control isolation room, not a family-installed monitoring device, and does not change this article's conclusion. Readers should not treat any negative finding as permanent; Hawaii's Legislature meets every year, and a facility or the Hawaii Department of Health can confirm current policy directly.

Hawaii's Recording and Consent Law: What Applies to a Camera

With no nursing-home-specific statute, the general recording-consent law governs a camera installed without the facility's agreement. Hawaii is a hybrid consent state. HRS § 803-42(b)(3)(A) sets one-party consent as the baseline for wire, oral, and electronic communications: a participant in a conversation may record it without telling the others.

But HRS § 711-1111(1)(d) creates a separate, stricter rule for a "private place." It is a misdemeanor to install or use, "in any private place, without consent of the person or persons entitled to privacy therein, any means or device for observing, recording, amplifying, or broadcasting sounds or events in that place other than another person in a stage of undress or sexual activity."

HRS § 711-1100 supplies the definition: a private place is "a place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance, but does not include a place to which the public or a substantial group thereof has access." The statute gives no examples of a private place. The only list in that definitions section is of public places, and it expressly leaves out the rooms of hotels and apartment houses "designed for actual residence." A nursing home resident's own room is the strongest real-world candidate for a private place under that reasonable-expectation standard, which matters most for a hidden camera capturing a roommate or staff member who never learned it was there. See our Hawaii recording laws guide for the full framework, including how the one-party baseline and the private-place rule interact outside a nursing home too.

The final clause of that misdemeanor matters as much as the rule itself. Installing or using a device to observe or record "another person in a stage of undress or sexual activity" in a private place is carved out of HRS 711-1111 because a different statute covers it: HRS § 711-1110.9(1)(a), violation of privacy in the first degree, which § 711-1110.9(4) makes a class C felony. A camera trained on a bed in a room where a resident is dressed, bathed, toileted, or catheterized sits close to that line, and the felony is the charge that fits if the device is knowingly installed or used to capture that.

Facility Policy Decides Whether a Camera Is Allowed

Because no Hawaii law grants or forecloses a camera right, the facility's admission agreement is what actually controls. A facility can permit a camera, condition it on written notice or a roommate's agreement, or prohibit one outright as a matter of its own contract terms. Nothing in Hawaii's Nursing Home Administrators Act requires a facility to allow one.

A facility that cites HIPAA as its reason for banning a resident's own camera is invoking a law that does not reach that situation. HIPAA's restrictions apply only to a "covered entity," defined under 45 CFR § 160.103 as a health plan, a health care clearinghouse, or a health care provider that transmits health information electronically for certain transactions. A resident's family installing their own device does not fall into any of those categories. A facility can still restrict a camera through its own policy or admission agreement, but that is a contract decision, not a HIPAA requirement.

The Practical Risk of a Hidden Camera

A family considering a camera without the facility's knowledge should weigh two distinct risks. First, an undisclosed device capturing staff conversations or a roommate without their consent risks HRS 711-1111's misdemeanor private-place rule, separate from any question about the resident's own recording.

That exposure is not capped at a misdemeanor. Because HRS 711-1111(1)(d) reaches only sounds and events "other than another person in a stage of undress or sexual activity," a device knowingly installed or used to observe or record someone undressed in that room falls under HRS 711-1110.9 instead, violation of privacy in the first degree and a class C felony. In a room where a resident is dressed, bathed, toileted, or catheterized in view of the lens, that is a realistic scenario rather than an edge case, and it applies to a roommate on the other side of the curtain as much as to the resident.

Second, installing a camera against a facility's stated policy can strain the relationship between the family and the facility, since Hawaii has no statute protecting a resident's right to monitor over facility objection the way roughly 18 other states now do. Openly disclosing a camera to the facility and any roommate, and getting written acknowledgment where possible, is the more defensible path in a state with no statutory right either way.

Using Camera Footage as Evidence of Abuse or Neglect

Footage that appears to show abuse or neglect can support a report to Adult Protective Services or the state ombudsman, and it can support a civil claim. Footage alone rarely settles a case; it is usually reviewed alongside medical records, staffing records, and the resident's care plan. For a broader look at how a nursing home abuse or neglect claim works, see Nursing Home Abuse & Neglect.

Where to Turn: Hawaii's Long-Term Care Ombudsman

The Hawaii Long-Term Care Ombudsman Program investigates complaints affecting the health, safety, welfare, and rights of residents in nursing homes and assisted living facilities alike, under authority tracing to the federal Older Americans Act, 42 U.S.C. § 3058g. A camera dispute, a facility's refusal to discuss monitoring, or a suspected retaliation concern are all within its scope. Its "Know Your Rights" resource is a useful starting point before any dispute escalates.

Information last verified on 2026-08-14, drawn from Hawaii Revised Statutes Chapters 321, 457B, 711, and 803, Hawaii Administrative Rules Chapters 90-C and 94.2, and the 2025-2026 Hawaii Legislature bill records. This article has not yet been reviewed by a licensed lawyer and is general legal information, not legal advice for your specific situation.

Related Resources

• Nursing Home Camera Laws by State covers every state's regime, including the 18 states with an enacted statute.
• Nursing Home Camera Laws: State-by-State Comparison breaks down the 18 states with a full statutory right.
• Hawaii Recording Laws covers Hawaii's general one-party consent framework and the private-place exception in full.
• Nursing Home Abuse & Neglect covers how an abuse or neglect claim works once evidence, including camera footage, is in hand.
• US Recording Laws by State covers the general consent framework nationwide.

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Last updated: 2026-08-14.