New York Public Health Law Section 230-c - Administrative Review Board For Professional Medical Conduct

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    § 230-c. Administrative review board for professional medical conduct.
  1.   There   is  hereby  created  an  administrative  review  board  for
  professional medical conduct for the purpose of reviewing determinations
  of  committees  on  professional  conduct  of  the   state   board   for
  professional  medical  conduct.    The  review  board  may  not review a
  commissioner's summary order under subdivision  twelve  of  section  two
  hundred thirty of this title.
    2.  The  review  board  shall  consist  of  five  members of the board
  appointed by the governor with the consent of the senate.  Three of  the
  members  of  the  review  board  shall  be physicians from the board for
  professional medical conduct.  Two of the members of  the  review  board
  shall  be  lay  members from the board for professional medical conduct.
  The chairperson shall assign appropriate  staff  to  assist  the  review
  board.
    3.  All members shall serve three year terms, provided that two of the
  initial appointments shall serve for a term of two years and one of  the
  initial appointments shall serve for one year.
    4.  Filing  and  determination of review.  (a) The determinations of a
  committee on professional conduct of the state  board  for  professional
  medical  conduct  may be reviewed by the administrative review board for
  professional medical conduct.  Either the licensee or the department may
  seek a review. A notice of review must be served by certified mail  upon
  the  administrative  review  board and the adverse party within fourteen
  days of service of the determination of the  committee  on  professional
  conduct  of  the  state  board  for  professional  medical  conduct.   A
  commissioner's summary order under subdivision  twelve  of  section  two
  hundred  thirty  of  this  title  and  the  penalty in any case in which
  annulment, suspension without  stay  or  revocation  of  the  licensee's
  license is ordered by the committee on professional conduct shall remain
  in effect until the review board renders its determination.  Any penalty
  imposed  by  the order of the committee on professional medical conduct,
  other  than  a  penalty  of  annulment,  suspension  without   stay   or
  revocation,  is  stayed  by the service of the notice of review upon the
  administrative review board and remains stayed until  the  review  board
  renders  its  determination.    All  parties  have  thirty days from the
  service of the notice of review to submit briefs to the board. A  notice
  of  review  shall be perfected only if a brief is timely submitted.  All
  parties shall have seven days from the receipt of the submitted brief to
  file a response. All reviews shall consist of a review of the record  of
  the  hearing  and  submitted briefs only. A written determination of the
  review board must be rendered within forty-five days of  the  submission
  of briefs and a stipulated record.
    (b) The review board shall review whether or not the determination and
  the  penalty are consistent with the findings of fact and conclusions of
  law and whether or not the penalty is appropriate and within  the  scope
  of  penalties  permitted  by section two hundred thirty-a of this title.
  The review board shall have the  authority  to  remand  a  case  to  the
  committee   on  professional  conduct  for  reconsideration  or  further
  proceedings.
    (c) All determinations shall be based upon a majority  concurrence  of
  the administrative review board.
    (d)  The  administrative  review board shall issue an order based upon
  the determination of the administrative review board.  Such order  shall
  be served on all parties by certified mail.
    5.  Judicial  review.  An order of the administrative review board for
  professional medical conduct or a determination of a committee in  which
  no  review  by  the  administrative  review  board  was requested may be
  reviewed pursuant to the proceedings under article seventy-eight of  the
  civil practice law and rules. Such proceeding shall be returnable before
  the  appellate  division  of  the  third  judicial  department  and such
  decisions shall not be stayed or enjoined  except  upon  application  to
  such  appellate  division  after  notice  to  the  department and to the
  attorney  general  and  upon  a  showing  that  the  petitioner  has   a
  substantial  likelihood  of  success.  Failure  to  seek an order of the
  administrative review board shall not be grounds for dismissal of such a
  proceeding.

Last modified: August 13, 2006