§ 230-C — Administrative review board for professional medical conduct

§ 230-c. Administrative review board for professional medical conduct.\n1. There is hereby created an administrative review board for\nprofessional medical conduct for the purpose of reviewing determinations\nof committees on professional conduct of the state board for\nprofessional medical conduct. The review board may not review a\ncommissioner's summary order under subdivision twelve of section two\nhundred thirty of this title.\n 2. The review board shall consist of five members of the board\nappointed by the governor with the consent of the senate. Three of the\nmembers of the review board shall be physicians from the board for\nprofessional medical conduct. Two of the members of the review board\nshall be lay members from the board for professional medical conduct.\nThe chairperson shall assign appropriate staff to assist the review\nboard.\n 3. All members shall serve three year terms, provided that two of the\ninitial appointments shall serve for a term of two years and one of the\ninitial appointments shall serve for one year.\n 4. Filing and determination of review. (a) The determinations of a\ncommittee on professional conduct of the state board for professional\nmedical conduct may be reviewed by the administrative review board for\nprofessional medical conduct. Either the licensee or the department may\nseek a review. A notice of review must be served by certified mail upon\nthe administrative review board and the adverse party within fourteen\ndays of service of the determination of the committee on professional\nconduct of the state board for professional medical conduct. A\ncommissioner's summary order under subdivision twelve of section two\nhundred thirty of this title and the penalty in any case in which\nannulment, suspension without stay or revocation of the licensee's\nlicense is ordered by the committee on professional conduct shall remain\nin effect until the review board renders its determination. Any penalty\nimposed by the order of the committee on professional medical conduct,\nother than a penalty of annulment, suspension without stay or\nrevocation, is stayed by the service of the notice of review upon the\nadministrative review board and remains stayed until the review board\nrenders its determination. All parties have thirty days from the\nservice of the notice of review to submit briefs to the board. A notice\nof review shall be perfected only if a brief is timely submitted. All\nparties shall have seven days from the receipt of the submitted brief to\nfile a response. All reviews shall consist of a review of the record of\nthe hearing and submitted briefs only. A written determination of the\nreview board must be rendered within forty-five days of the submission\nof briefs and a stipulated record.\n (b) The review board shall review whether or not the determination and\nthe penalty are consistent with the findings of fact and conclusions of\nlaw and whether or not the penalty is appropriate and within the scope\nof penalties permitted by section two hundred thirty-a of this title.\nThe review board shall have the authority to remand a case to the\ncommittee on professional conduct for reconsideration or further\nproceedings.\n (c) All determinations shall be based upon a majority concurrence of\nthe administrative review board.\n (d) The administrative review board shall issue an order based upon\nthe determination of the administrative review board. Such order shall\nbe served on all parties by certified mail.\n 5. Judicial review. An order of the administrative review board for\nprofessional medical conduct or a determination of a committee in which\nno review by the administrative review board was requested may be\nreviewed pursuant to the proceedings under article seventy-eight of the\ncivil practice law and rules. Such proceeding shall be returnable before\nthe appellate division of the third judicial department and such\ndecisions shall not be stayed or enjoined except upon application to\nsuch appellate division after notice to the department and to the\nattorney general and upon a showing that the petitioner has a\nsubstantial likelihood of success. Failure to seek an order of the\nadministrative review board shall not be grounds for dismissal of such a\nproceeding.\n