§453-7.5  Review of complaints and
information by department.  (a)  The department of commerce and consumer
affairs shall review each complaint and information received under sections
92-17, 329-44, 453-8.7, 663-1.7, 671-5, and 671-15.  The department shall
investigate the complaint or information if it appears that the physician or
osteopathic physician who is the subject of the complaint or information has
violated this chapter.  If the department determines that the physician or
osteopathic physician has violated this chapter, the department shall present
the results of its investigation to the Hawaii medical board for appropriate
disciplinary proceedings.



(b)  Reports of adverse decisions of peer
review committees transmitted to the department under section 663-1.7 shall not
be available to public inspection or subject to discovery and shall be held
confidential by the department; provided that:



(1)  A written affirmative or negative reply may be
given to a written inquiry by a hospital or health care facility as to whether
a report of an adverse decision is on file with the department; and



(2)  A subpoenaed report shall be subject to the
requirements under section 453-17. [L 1984, c 168, pt of §1; am L 2008, c 5,
§10 and c 9, §3]