NY Pub Health L § 230 (2021)
2021 New York Laws PBH - Public Health Article 2 - The Department of Health Title 2-A - Professional Medical Conduct 230 - State Board for Professional Medical Conduct; Proceedings.

§ 230. State board for professional medical conduct; proceedings. 1. A state  board  for  professional medical conduct is hereby created in the department in matters of professional misconduct as defined in  sections sixty-five  hundred  thirty  and  sixty-five  hundred  thirty-one of the education  law.  Its  physician  members  shall  be  appointed  by   the commissioner  at  least  eighty-five percent of whom shall be from among nominations submitted by the medical society of the state of  New  York, the  New  York  state  osteopathic  society,  the  New  York  academy of medicine,  county  medical  societies,  statewide  specialty   societies recognized  by  the  council  of  medical  specialty  societies, and the hospital association of  New  York  state.  Its  lay  members  shall  be appointed  by  the  commissioner  with the approval of the governor. The board of regents shall also appoint twenty percent of the members of the board. Not less than sixty-seven percent of the members appointed by the board of regents shall be physicians. Not less than eighty-five  percent of the physician members appointed by the board of regents shall be from among  nominations  submitted by the medical society of the state of New York, the New York state osteopathic society, the New  York  academy  of medicine,   county   medical   societies,  statewide  medical  societies recognized by the  council  of  medical  specialty  societies,  and  the hospital  association  of  New  York  state.  Any  failure  to  meet the percentage thresholds stated in this subdivision shall  not  be  grounds for  invalidating  any  action  by  or  on  authority  of  the board for professional medical conduct or a committee or  a  member  thereof.  The board  for  professional medical conduct shall consist of not fewer than eighteen physicians licensed in the state for at least five  years,  two of whom shall be doctors of osteopathy, not fewer than two of whom shall be  physicians  who  dedicate a significant portion of their practice to the use of non-conventional medical treatments who may be  nominated  by New York state medical associations dedicated to the advancement of such treatments,  at  least  one  of  whom shall have expertise in palliative care, and not fewer than seven lay members. An executive secretary shall be appointed by the chairperson and shall be a licensed physician.  Such executive  secretary  shall  not  be  a  member of the board, shall hold office at the pleasure of, and shall have the powers and duties assigned and the annual salary fixed by, the chairperson. The  chairperson  shall also  assign  such  secretaries  or  other  persons  to the board as are necessary.   2. Members of such board shall be appointed by the commissioner or the board of regents for three year terms except that  the  terms  of  those first appointed shall be arranged so that as nearly as possible an equal number shall terminate annually. A vacancy occurring during a term shall be  filled by an appointment by the commissioner or the board of regents for the unexpired term.   3.  Each  member  of  the  board  shall  receive  a   certificate   of appointment,   shall   before  beginning  his  term  of  office  file  a constitutional oath of office with the secretary of state, shall receive up to one hundred fifty dollars as prescribed by  the  commissioner  for each day devoted to board work not to exceed ten thousand dollars in any one year, and shall be reimbursed for his necessary expenses. Any member may be removed from the board at the pleasure of the commissioner.   4. The governor shall annually designate from the members of the board a  chairperson  who shall be a physician and vice-chairperson. The board shall meet upon call of the chairperson, and may adopt bylaws consistent with this section. A quorum for the transaction of business by the board shall be a majority of members.   5. From among the members of the  board  two  or  more  committees  on professional conduct shall be appointed by the board chairperson.    6.  Any  committee  on  professional conduct appointed pursuant to the provisions of this section shall consist of two physicians and  one  lay member.   7.  (a)  The  board,  by its committees on professional conduct, shall conduct disciplinary proceedings as prescribed in this section and shall assist in other  professional  conduct  matters  as  prescribed  by  the chairperson.  In  this section the term "licensee" shall mean physician, including a physician practicing  under  a  limited  permit,  a  medical resident,  physician's assistant and specialist's assistant. A committee on professional conduct, on notice to the licensee and  after  affording the  licensee,  the  office  of  professional medical conduct, and their attorneys an opportunity to be heard, shall have the authority to direct a licensee to submit to a medical or psychiatric  examination  when  the committee has reason to believe the licensee may be impaired by alcohol, drugs, physical disability or mental disability. The committee, with the advice  of  the licensee and the office of professional medical conduct, shall designate the physician who  will  conduct  the  examination.  The results  of the examination shall be provided by the examining physician to the committee, the licensee, and the office of  professional  medical conduct.  The  licensee  may  also  obtain  a  physician  to  conduct an examination the results of which shall be provided to the committee  and the office of professional medical conduct.  (b)  A  committee on professional conduct may sit as an administrative tribunal for the purpose of issuing an order authorizing the  office  of professional   medical  conduct  to  obtain  medical  records  or  other protected health information pertaining to the  licensee's  physical  or mental  condition  when  the  committee  has  reason to believe that the licensee may be impaired  by  alcohol,  drugs,  physical  disability  or mental disability and that the records or information may be relevant to the  alleged  impairment  or  that  information regarding the licensee's medical condition may be relevant to an  inquiry  into  a  report  of  a communicable disease, as defined by the state sanitary code or HIV/AIDS. No such order shall be issued except on notice to the licensee and after affording the licensee and the office of professional medical conduct an opportunity to be heard.  (c) A committee on professional conduct, on notice to the licensee and after  affording  the  licensee  and  the office of professional medical conduct an opportunity to be heard, shall have the authority to direct a licensee to  submit  to  a  clinical  competency  examination  when  the committee  has  reason  to  believe that the licensee has practiced with incompetence, generally in his or her medical practice or in a  specific area  of  his or her medical practice. The committee, with the advice of the licensee and the  office  of  professional  medical  conduct,  shall designate the facility or institution to conduct the clinical competency examination. The results of the clinical competency examination shall be provided  by  the facility or institution to the committee, the licensee and the office of professional medical conduct. The  licensee  may  also obtain  an  accredited  facility  or  institution  to conduct a clinical competency examination, the results of which shall be  provided  to  the committee and the office of professional medical conduct.   8.  Notwithstanding  any  other  provision  of  law,  no  member  of a committee on professional conduct nor an employee of the board shall  be liable  in  damages to any person for any action taken or recommendation made by him within the scope  of  his  function  as  a  member  of  such committee  or  employee  provided  that  (a) such member or employee has taken action or made recommendations within the scope  of  his  function and  without  malice,  and (b) in the reasonable belief after reasonable  investigation that the act or recommendation was warranted,  based  upon the facts disclosed.   9.   Notwithstanding   any   other  provisions  of  law,  neither  the proceedings nor the records of any such committee shall  be  subject  to disclosure  under article thirty-one of the civil practice law and rules except as hereinafter provided. No person in attendance at a meeting  of any  such  committee  shall be required to testify as to what transpired thereat.  The prohibition relating to discovery of testimony  shall  not apply  to  the  statements  made  by  any person in attendance at such a meeting who is a party to an action or proceeding the subject matter  of which was reviewed at such meeting.   9-a. At any time, if the board for professional medical conduct or the office  of  professional  medical  conduct  determines  that  there is a reasonable belief that an act or omission that constitutes a crime under the law of the state of New York, any other state, or the United  States has  been  committed by the licensee, the board for professional medical conduct or office of  professional  medical  conduct  shall  notify  the appropriate law enforcement official or authority.   9-b. Neither the board for professional medical conduct nor the office of  professional medical conduct shall charge a licensee with misconduct as defined in sections sixty-five hundred thirty and sixty-five  hundred thirty-one  of the education law, or cause a report made to the director of such office to be investigated beyond a  preliminary  review  as  set forth  in clause (A) of subparagraph (i) of paragraph (a) of subdivision ten of this section, where such report is determined to be based  solely upon  the  recommendation  or  provision  of  a  treatment modality to a particular patient by such licensee that is not universally accepted  by the medical profession, including but not limited to, varying modalities used  in  the  treatment  of Lyme disease and other tick-borne diseases. When a licensee, acting in accordance with paragraph  e  of  subdivision four  of  section  sixty-five hundred twenty-seven of the education law, recommends or provides a  treatment  modality  that  effectively  treats human  disease,  pain, injury, deformity or physical condition for which the licensee is treating a patient, the recommendation or  provision  of that  modality  to a particular patient shall not, by itself, constitute professional misconduct. The licensee shall otherwise abide by all other applicable professional requirements.   10. Professional misconduct proceedings shall consist of:   * (a) Investigation.   (i) (A)  The  board  for  professional  medical conduct,  by the director of the office of professional medical conduct, may investigate on its own any suspected  professional  misconduct,  and shall  investigate  each complaint received regardless of the source. By the conclusion of a preliminary review, including an  internal  clinical review,  the  director  shall determine if a report is based solely upon the recommendation or provision of a treatment modality  by  a  licensee that  is  not  universally accepted by the medical profession, including but not limited to varying modalities used  in  the  treatment  of  Lyme disease  or  other  tick-borne  diseases.  Upon  a  determination by the director that a report is based solely upon the provision of a treatment modality that is not universally accepted, no further  review  shall  be conducted and no charges shall be brought. Nothing in this section shall preclude  the  director  from making such a determination earlier in, or subsequent to, a preliminary review. (B) The director of the  office  of professional  medical  conduct shall cause a preliminary review of every report made to the department pursuant to section  twenty-eight  hundred three-e  as  added  by  chapter  eight  hundred sixty-six of the laws of nineteen  hundred  eighty,  sections  twenty-eight  hundred  five-l  and forty-four  hundred  five-b  of  this chapter, and section three hundred  fifteen of the insurance law, to determine  if  such  report  reasonably appears  to  reflect  physician conduct warranting further investigation pursuant to this subparagraph.  (ii)  If  the  investigation  of  cases  referred  to an investigation committee involves issues of clinical practice, medical  experts,  shall be consulted. Experts may be made available by the state medical society of  the  state  of  New  York, by county medical societies and specialty societies, and by New York state medical associations dedicated  to  the advancement  of  non-conventional  medical  treatments.  Any information obtained by medical experts in consultations,  including  the  names  of licensees  or patients, shall be confidential and shall not be disclosed except as otherwise authorized or required by law.  (iii) In the investigation  of  cases  referred  to  an  investigation committee,  the licensee being investigated shall have an opportunity to be interviewed by the office of professional medical conduct in order to provide an explanation of the issues under investigation.  Providing  an opportunity  for such an interview shall be a condition precedent to the convening of an investigation committee on  professional  misconduct  of the board for professional medical conduct.  (A) At least twenty days before the interview, except as otherwise set forth  herein,  the  licensee under investigation shall be given written notice of: (1) a description of the conduct that is the subject  of  the investigation;  (2)  the  issues  relating to the conduct that have been identified at the time of the notice; (3) the time frame of the  conduct under investigation; (4) the identity of each patient whose contact with or care by the licensee is believed to be relevant to the investigation; and (5) the fact that the licensee may be represented by counsel and may be accompanied by a stenographer to transcribe the proceeding. All costs of  transcription  shall  be  paid  by  the licensee and a copy shall be provided to the department by the licensee within  thirty  days  of  the interview.  The  notice  required by this subparagraph may be given less than twenty days before an interview in any case  where  the  office  of professional medical conduct anticipates that the commissioner will take summary  action  under subdivision twelve of this section, provided that the notice is given within a reasonable amount  of  time  prior  to  the interview and advises of the possible summary action.  (B)  Within  thirty days following the interview or, in a case where a stenographer was present at the interview, within fifteen days after the office of professional medical conduct receives the  transcript  of  the interview,  whichever  is  later,  the licensee shall be provided with a copy of the report of the interviewer. In addition, the  licensee  shall promptly  be given written notice of issues identified subsequent to the interview. The licensee may submit written comments or expert opinion or medical or scientific literature that is directly relevant to the issues that have been identified by the office of professional medical  conduct to the office of professional medical conduct at any time.  (C)  If  the director determines that the matter shall be submitted to an investigation committee, an investigation committee shall be convened within ninety days of any interview of the licensee. The director  shall present   the   investigation   committee  with  relevant  documentation including, but not limited to: (1) a copy of the original complaint; (2) the report of the interviewer and the stenographic  record  if  one  was taken; (3) the report of any medical or scientific expert; (4) copies of reports   of   any  patient  record  reviews;  and  (5)  the  licensee's submissions.  (D) If the director determines to close an investigation following  an interview without presentation to an investigation committee, the office of professional medical conduct shall notify the licensee in writing.  (iv)  If  the  director of the office of professional medical conduct, after obtaining the  concurrence  of  a  majority  of  an  investigation committee,   and   after  consultation  with  the  executive  secretary, determines that a  hearing  is  warranted  the  director  shall,  within fifteen  days  thereafter, direct counsel to prepare the charges. If the investigation committee is unanimous in its concurrence that  a  hearing is  warranted,  the  charges shall be made public under paragraph (d) of this subdivision. If the investigation committee is not unanimous in its concurrence that a hearing is warranted, the members of  such  committee shall  vote  on whether the charges should be made public, and if all of the committee members vote in favor of publication, the charges shall be made public under paragraph (d) of this  subdivision.  If  the  director determines  after consultation with an investigation committee that: (A) evidence exists of a single incident of negligence  or  incompetence,  a pattern  of inappropriate prescribing or medical practice, or impairment by drugs, alcohol, physical or mental disability; (B)  a  recommendation was made by a county medical society or the medical society of the state of  New York that warrants further review; or (C) the facts underlying a verdict in a medical malpractice  action  warrant  further  review,  the director,  in addition to the authority set forth in this section, shall be authorized to conduct a comprehensive review of  patient  records  of the  licensee  and such office records of the licensee as are related to said determination. The licensee shall cooperate with the  investigation and  willful  failure  to cooperate in a substantial or material respect may result in an enforcement proceeding pursuant to subparagraph (ii) of paragraph (o) of this subdivision. If there is a question of alcoholism, alcohol abuse, drug abuse or mental illness, the director may refer  the matter  to a committee, as referred to in subparagraph (ii) of paragraph (c) of subdivision eleven of this section.  (v) The files of the office of professional medical  conduct  relating to  the  investigation  of possible instances of professional misconduct shall be confidential and not subject to disclosure at  the  request  of any  person,  except as provided by law in a pending disciplinary action or proceeding. The provisions of this paragraph shall  not  prevent  the office  from  sharing  information  concerning investigations within the department and, pursuant to subpoena, with other duly authorized  public agencies   responsible   for   professional   regulation   or   criminal prosecution. Nothing in this subparagraph shall  affect  the  duties  of notification  set forth in subdivision nine-a of this section or prevent the  publication  of  charges   or   of   the   findings,   conclusions, determinations,  or  order of a hearing committee pursuant to paragraphs (d) or (g) of  this  subdivision.  In  addition,  the  commissioner  may disclose  the  information  when,  in  his or her professional judgment, disclosure of such information would avert or minimize a  public  health threat.  Any  such  disclosure  shall  not affect the confidentiality of other information in the files of the  office  of  professional  medical conduct related to the investigation.  (vi)  The  office  of  professional medical conduct, acting under this section, may have access to the criminal history record of any  licensee governed by the provisions of this section maintained by the division of criminal  justice  services pursuant to subdivision six of section eight hundred thirty-seven of the executive law.  (vii) The director of the office of professional medical  conduct,  in consultation  with  the patient safety center, shall cause a review on a continuous  basis  of  medical   malpractice   claim   and   disposition information  reported  to  the  commissioner under section three hundred fifteen of the insurance law, for the purpose of  identifying  potential misconduct.  The  office  shall  commence  a misconduct investigation if  potential misconduct is identified as a result  of  such  review,  which shall  be  based  on criteria such as disposition frequency, disposition type  including  judgment  and  settlement,  disposition  award  amount, geographic  region,  specialty,  or  other  factors  as  appropriate  in identifying potential misconduct.   * NB Effective until July 1, 2023   * (a) Investigation. The board for professional medical conduct, by  a committee  on  professional  conduct,  may  investigate  on  its own any suspected professional misconduct, and shall investigate each  complaint received  regardless  of  the  source.  The results of the investigation shall be referred to the director of the office of professional  medical conduct.  If the director of the office of professional medical conduct, after  consultation  with  a  professional  member  of  the  board   for professional  medical conduct, determines that a hearing is warranted he shall  direct  counsel  to  prepare  the  charges  within  fifteen  days thereafter.  If  it  is  determined  by  the director that the complaint involves a question of professional expertise  then  such  director  may seek, and if so shall obtain, the concurrence of at least two members of a  panel  of  three  members of the state board for professional medical conduct.   * NB Effective July 1, 2023  (b) Charges. The charges shall state  the  substance  of  the  alleged professional  misconduct  and  shall  state  clearly  and  concisely the material facts but not the evidence by  which  the  charges  are  to  be proved.  (c)  Notice  of hearing. The board shall set the time and place of the hearing. The notice of hearing shall state (1) the date, time and  place of  the  hearing,  (2)  that the licensee shall file a written answer to each of the charges and allegations in the statement of charges no later than ten days prior to the hearing, that any charge and  allegation  not so  answered  shall be deemed admitted and that the licensee may wish to seek the advice of counsel prior to filing such  answer,  (3)  that  the licensee  shall  appear personally at the hearing and may be represented by counsel who shall be an attorney admitted to  practice  in  New  York state,  (4)  that the licensee shall have the right to produce witnesses and evidence in his  behalf,  to  cross-examine  witnesses  and  examine evidence  produced  against  him,  and  to  have subpoenas issued in his behalf to require the production of witnesses and evidence in manner and form as prescribed by the civil practice law and rules or  either  party may  issue  such  subpoenas in their own behalf, (5) that a stenographic record of the hearing will be made, and (6) such  other  information  as may be considered appropriate by the committee.  (d)  Service  of  charges  and of notice of hearing. (i) A copy of the charges and the notice of the hearing shall be served  on  the  licensee personally  by  the  board  at  least thirty days before the hearing. If personal service cannot be made after due diligence  and  such  fact  is certified  under  oath,  a copy of the charges and the notice of hearing shall be served by registered or certified mail to the  licensee's  last known address by the board at least fifteen days before the hearing.  (ii)  The  charges  shall be made public, consistent with subparagraph (iv) of paragraph (a) of this subdivision, no earlier than five business days after they are served, and the charges shall be  accompanied  by  a statement  advising  the  licensee  that  such  publication  will occur; provided, however, that charges may  be  made  public  immediately  upon issuance of the commissioner's order in the case of summary action taken pursuant to subdivision twelve of this section and no prior notification of such publication need be made to the licensee.  (iii)  If  a hearing on the charges has not yet been conducted or if a hearing has been conducted but  the  committee  has  not  yet  issued  a determination,  the  publication  of  charges  by  the  department shall include a statement advising that the charges are only allegations which may  be  contested  by the licensee in an administrative hearing, except that no such statement  need  be  included  if  the  licensee  fails  or affirmatively  declines  to contest the charges. In the event any or all such charges are dismissed, such dismissal shall be made  public  within two business days.  (d-1) Disclosure of exculpatory evidence. After service of the charges upon  the  licensee,  counsel  for  the  office  of professional medical conduct shall, as soon as practicable and on a continuing basis, provide the licensee with any information or documentation in the possession  of the  office  of  professional  medical  conduct which tends to prove the licensee's innocence.  (e) Committee hearing. The hearing shall be conducted by  a  committee on  professional  conduct. The members of the hearing committee shall be appointed by the chairperson  of  the  board  who  shall  designate  the committee  chairperson.  In  addition  to  said  committee  members, the commissioner shall designate  an  administrative  officer,  admitted  to practice  as  an  attorney  in the state of New York, who shall have the authority to rule on all motions, including motions to compel disclosure of information or material claimed to be protected because of  privilege or  confidentiality,  procedures  and  other  legal objections and shall draft the conclusions of the hearing  committee  pursuant  to  paragraph (g).  The  administrative  officer  shall  have the authority to rule on objections to questions posed by either party or the committee  members. The administrative officer shall not be entitled to vote.  (f)  Conduct  of  hearing. All hearings must be commenced within sixty days of the service of charges except that an adjournment of the initial hearing date may be granted by the hearing  committee  upon  request  by either  party  upon good cause shown. No adjournment shall exceed thirty days. The evidence in support of the charges shall be  presented  by  an attorney.  The  licensee  shall have the rights required to be stated in the notice of hearing (subparagraph (c)  of  this  subdivision)  and  in section  four hundred one of the state administrative procedure act. The committee shall  not  be  bound  by  the  rules  of  evidence,  but  its conclusion  shall be based on a preponderance of the evidence. A hearing which has been initiated shall not be discontinued because of the  death or  incapacity  to  serve of one member of the hearing committee. In the event of a member's death or incapacity to serve  on  the  committee,  a member  shall  be appointed immediately by the chairperson of the board. The member shall  affirm  in  writing  that  he  or  she  has  read  and considered  evidence  and transcripts of the prior proceedings. The last hearing day must be held within one hundred twenty  days  of  the  first hearing  day.  Either  party, for good cause shown, may request that the committee extend the last hearing day beyond one hundred twenty days. An extension requested by the licensee and granted by the committee may not be used as the grounds for a proceeding brought under paragraph  (j)  of this subdivision.  (g) Results of hearing. The committee shall make (1) findings of fact, (2) conclusions concerning the charges sustained or dismissed, and (3) a determination regarding charges sustained or dismissed, and in the event any  of the charges have been sustained, of the penalty to be imposed or appropriate action to be taken and the reasons  for  the  determination. For  the  committee  to  make  a  conclusion  sustaining  a  charge,  or determining a penalty or the appropriate action to be taken, two members of the committee must vote for such a conclusion or  determination.  The  committee   shall  issue  an  order  based  on  its  determination.  The committee's findings, conclusions, determinations and order shall become public upon issuance. However, if the time to request a  review  of  the committee's determination has not yet expired, or if the review has been requested  but  no  determination  as  a  result  of the review has been issued, such publication shall include a  statement  advising  that  the licensee  or  the  department  may  request  a review of the committee's determination. No such statement is required if (a) the time to  request such  review has expired without the filing of such request by either of the parties, or (b) the licensee and the department  both  affirmatively decline  to  request  review of the committee's determination or fail to perfect such review. In the event any or all such charges are dismissed, such dismissal shall be made public within two business days.  (h)  Disposition  of   results.   (i)   The   findings,   conclusions, determination  and  the  reasons  for the determination of the committee shall be served upon the licensee, the department,  and  any  hospitals, primary practice settings or health care plans required to be identified in  publicly disseminated physician data pursuant to paragraph (j), (n), or (q) of subdivision one of section twenty-nine  hundred  ninety-five-a of  this  chapter, within sixty days of the last day of hearing. Service shall be either by certified mail upon the licensee  at  the  licensee's last  known  address and such service shall be effective upon receipt or seven days after mailing by certified mail whichever is  earlier  or  by personal  service  and such service shall be effective upon receipt. The licensee shall deliver to the board the license which has been  revoked, annulled,  suspended  or  surrendered,  together  with  the registration certificate, within five days after receipt of the order. If the license or registration certificate is lost, misplaced  or  its  whereabouts  is otherwise unknown, the licensee shall submit an affidavit to that effect and shall deliver such license or certificate to the board when located. The  director  of the office shall promptly transmit a copy of the order to  the  division  of  professional  licensing  services  of  the  state education  department  and  to  each  hospital at which the licensee has privileges.  (ii) When a license has been: (A) revoked  or  annulled  without  stay pursuant  to subdivision four or five of section two hundred thirty-a of this title; (B) surrendered by a licensee; (C)  suspended  without  stay for more than one hundred eighty days; or (D) restricted to prohibit the practice  of  medicine  or to preclude the delivery of patient care, the licensee whose  license  has  been  so  revoked,  surrendered,  annulled without  stay,  suspended  without stay for more than one hundred eighty days, or restricted shall, within fifteen days of the effective date  of the order:  (1)  notify his or her patients, of the cessation or limitation of the licensee's medical practice; the names of  other  physicians  or  health care  practitioners  who  have  agreed  to assume responsibility for the patient's care; that the patient  should  contact  one  of  those  named physicians  or health care practitioners, or another physician or health care practitioner of the patient's choice, to determine the health  care plans,  as  defined  in  sections  four  thousand  nine  hundred  of the insurance law and forty-nine hundred  of  this  chapter,  in  which  the physician  or  health care practitioner participates and the polices and procedures of such physician or other health care practitioner; that the patient should notify the licensee of the name of the physician or other health care practitioner to whom the patient's medical records should be transferred; and that the licensee will retain, and  remain  responsible for  the  maintenance of the patient's medical records until the patient provides notice that the records shall be transferred  directly  to  the  patient,  consistent  with  the  provisions  of  sections  seventeen and eighteen of this chapter, or to another practitioner  of  the  patient's choice.  The licensee shall also notify each health care plan with which the licensee contracts or is employed, and each hospital where he or she has  privileges  in  writing  of  the  cessation  or  limitation  of the licensee's medical practice. Within forty-five  days  of  the  effective date of the order, the licensee shall provide the office of professional medical  conduct with proof, in a form acceptable to the director of the office of professional medical conduct, that all patients and  hospitals have  been  notified  of  the  cessation or limitation of the licensee's medical practice.  (2) make arrangements for the transfer and maintenance of the  medical records  of  his  or  her  former  patients.  Records  shall  be  either transferred to  the  licensee's  former  patients  consistent  with  the provisions  of  sections  seventeen  and  eighteen of this chapter or to another physician or health care practitioner as provided in clause  (1) of this subparagraph who shall expressly assume responsibility for their care  and  maintenance  and  for  providing  access  to such records, as provided in subdivisions twenty-two and thirty-two of section sixty-five hundred thirty of the education law, the rules of the board  of  regents or  the  regulations  of  the  commissioner  of  education  and sections seventeen and eighteen of this chapter. When records are not transferred to the licensee's former patients or to another physician or health care practitioner, the licensee whose license  has  been  revoked,  annulled, surrendered,  suspended  or  restricted shall remain responsible for the care and maintenance of  the  medical  records  of  his  or  her  former patients  and  shall  be  subject  to additional proceedings pursuant to subdivisions twenty-two, thirty-two  and  forty  of  section  sixty-five hundred thirty of the education law in the event that the licensee fails to  maintain  those medical records or fails to make them available to a former patient.  (3) notify the office of professional medical  conduct  of  the  name, address,  and  telephone  number  of  any physician or other health care practitioner who has agreed to accept  responsibility  for  storing  and maintaining these medical records.  (4)  in  the  event  that the licensee whose license has been revoked, annulled, surrendered or restricted to prohibit the practice of medicine or to preclude the  delivery  of  patient  care  holds  a  federal  Drug Enforcement  Agency  (DEA) certificate, advise the DEA in writing of the licensure  action,  surrender  his  or  her  DEA  controlled   substance privileges  to the DEA, and surrender any unused DEA #222 U.S.  Official Order Forms, Schedules 1 and 2 to the DEA.  (5)  for  licensees  whose  license  has   been   revoked,   annulled, surrendered  or  restricted  to  prohibit the practice of medicine or to preclude the delivery of patient care, return any unused New York  state official  prescription  forms  to the bureau of narcotics enforcement of the department. The licensee shall cause  all  other  prescription  pads bearing  the  licensee's  name  to be destroyed. If no other licensee is providing services at the licensee's practice location, all  medications shall be properly disposed.  (6)  for  licensees  whose  license  to  practice  has  been  revoked, annulled, surrendered or restricted to prohibit the practice of medicine or  to  preclude  the  delivery  of  patient  care,  refrain  from   new advertising  and make reasonable efforts to cease current advertising by which his or her eligibility to practice medicine is represented.   In addition to any other penalty  provided  for  in  law,  failure  to comply  with  the  requirements  of  this  subparagraph shall constitute misconduct that may be prosecuted pursuant to this section and which may  subject the licensee to the imposition of additional penalties  pursuant to section two hundred thirty-a of this title.  (i)  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.  (j)  Time  limitations.  Failure  to  comply  with a provision of this subdivision requiring that a specified action shall be  taken  within  a specified  period  of time shall be grounds for a proceeding pursuant to article seventy-eight of the civil practice law and rules for  an  order staying the hearing or dismissing the charges or any part thereof or any other appropriate relief. Such proceeding shall be returnable before the supreme  court  of  Albany  county or New York county. The respondent in such proceeding shall have the initial burden to explain the reasons for the failure to comply with a provision  of  this  subdivision  requiring that  a  specified action to be taken within a specified period of time. The court shall not stay the hearing or dismiss the charges or grant any other relief unless it determines that failure to comply was not  caused by  the  article  seventy-eight  petitioner  and  has caused substantial prejudice to the article seventy-eight petitioner.  (k) The executive secretary of the board with the specific approval of a committee on professional conduct of the board shall have the power to issue subpoenas requiring persons to appear  before  the  board  and  be examined  with  reference to a matter within the scope of the inquiry or the investigation being  conducted  by  the  board  and  produce  books, papers, records or documents pertaining thereto.  (l) The board or its representatives may examine and obtain records of patients  in  any investigation or proceeding by the board acting within the scope of its authorization. Unless expressly waived by the  patient, any  information  so  obtained  shall  be  confidential and shall not be disclosed except to the extent necessary for the proper function of  the board  and  the name of the patient may not be disclosed by the board or its employees at any stage of the proceedings  unless  the  patient  has expressly consented. Any other use or dissemination by any person by any means,  unless  pursuant to a valid court order or otherwise provided by law, is prohibited.  (m)  Expedited  procedures.  (i)  Violations.   Violations   involving professional  misconduct  of a minor or technical nature may be resolved by expedited procedures as provided in subparagraph  (ii)  or  (iii)  of this  paragraph. For purposes of this paragraph violations of a minor or technical nature shall include, but shall not be  limited  to,  isolated instances  of  violations  concerning professional advertising or record keeping, and other isolated violations which do not directly  affect  or impair the public health, welfare or safety.  (ii)  Administrative  warning and consultation. If the director of the office of professional medical conduct, after obtaining the  concurrence of  a  majority  of  a  committee  on  professional  conduct,  and after consultation with the executive  secretary,  determines  that  there  is substantial  evidence of professional misconduct of a minor or technical nature or of substandard medical  practice  which  does  not  constitute professional  misconduct,  the  director  may  issue  an  administrative warning and/or provide for consultation with a  panel  of  one  or  more experts,  chosen  by  the  director.  Panels  of one or more experts may include, but shall not be limited to,  a  peer  review  committee  of  a county medical society or a specialty board. Administrative warnings and consultations   shall  be  confidential  and  shall  not  constitute  an adjudication of guilt or be used as evidence that the licensee is guilty of the alleged misconduct. However, in the event of a further allegation  of similar misconduct by the same licensee, the matter may  be  reopened and further proceedings instituted as provided in this section.  (iii)  Violation  committee  proceeding.  If  the director determines, after obtaining  the  concurrence  of  a  majority  of  a  committee  on professional   conduct,   and  after  consultation  with  the  executive secretary, that there is substantial evidence of a  violation  and  that the  violation  is of a nature justifying a penalty as specified in this subparagraph the department may prepare and  serve  charges,  either  by personal  service  or  by  certified  mail,  return receipt requested. A violation committee proceeding shall be commenced within three years  of the  alleged  professional  misconduct.  Such  charges  shall  include a statement  that  the  matter  shall  be  referred  to  a  committee   on professional  conduct,  which  shall  act  as a violations committee for determination. The  violations  committee  shall  be  appointed  by  the chairperson  of  the  state board.   Paragraph (c) of subdivision ten of this section shall apply to the proceeding. A stenographic record of the hearing shall be made. The evidence in support of the charges  shall  be presented  by  an  attorney  and  the  licensee  shall  be  afforded  an opportunity to be heard and to present  evidence  in  his  behalf.  Such violations  committee may issue a censure and reprimand, may require the licensee to perform up to twenty-five  hours  of  public  service  in  a facility  licensed pursuant to article twenty-eight of this chapter in a manner and at a time and place directed by the board, and  in  addition, or  in  the  alternative,  may  impose a fine not to exceed five hundred dollars for each specification of minor  or  technical  misconduct.  The violations  committee  may  alternatively  dismiss  the  charges  in the interest of justice. The order shall be served either by certified  mail to  the  licensee's  last  known  address  and  such  services  shall be effective upon receipt or seven days after  mailing  by  certified  mail whichever  is  earlier  or by personal service and such service shall be effective upon receipt. The order may be reviewed by the  administrative appeals board for professional medical conduct.  (n)  Engagement.  A  proceeding under this section shall be treated in the same manner as an action or proceeding  in  supreme  court  for  the purpose of any claim by counsel of actual engagement.  (o)  Orders  for  review  of  medical  records. Where the director has issued an order for a comprehensive medical review  of  patient  records and  office  records  pursuant  to subparagraph four of paragraph (a) of this subdivision and  the  licensee  has  refused  to  comply  with  the director's  order,  the  director  may apply to a justice of the supreme court, in writing, on notice to the  licensee,  for  a  court  order  to compel  compliance  with the director's order. The court shall not grant the application unless it finds that (i) there was  a  reasonable  basis for  issuance of the director's order and (ii) there is reasonable cause to believe that the records sought are relevant to the director's order. The court may deny the application or grant the application in whole  or in part.  (p)  Convictions  of  crimes or administrative violations. In cases of professional misconduct based solely upon  a  violation  of  subdivision nine  of  section  sixty-five  hundred  thirty of the education law, the director may direct that charges be prepared and served  and  may  refer the  matter  to  a  committee on professional conduct for its review and report of findings, conclusions as to guilt, and determination. In  such cases,  the notice of hearing shall state that the licensee shall file a written answer to each of the charges and allegations in  the  statement of  charges  no  later  than ten days prior to the hearing, and that any charge or allegation not so answered shall be deemed admitted, that  the licensee  may  wish  to  seek the advice of counsel prior to filing such  answer that the licensee may  file  a  brief  and  affidavits  with  the committee   on  professional  conduct,  that  the  licensee  may  appear personally  before  the  committee  on  professional  conduct,  may   be represented  by  counsel  and may present evidence or sworn testimony in his or her behalf, and the notice may contain such other information  as may  be  considered appropriate by the director. The department may also present evidence or sworn testimony and file a brief at the  hearing.  A stenographic record of the hearing shall be made. Such evidence or sworn testimony  offered  to  the  committee  on professional conduct shall be strictly limited to evidence and testimony relating to  the  nature  and severity  of  the  penalty  to  be  imposed upon the licensee. Where the charges are based on  the  conviction  of  state  law  crimes  in  other jurisdictions, evidence may be offered to the committee which would show that  the  conviction  would  not  be  a  crime  in  New York state. The committee on professional conduct may reasonably  limit  the  number  of witnesses  whose  testimony  will be received and the length of time any witness will be permitted to testify. The determination of the committee shall be served upon the licensee and the department in accordance  with the  provisions  of  paragraph  (h) of this subdivision. A determination pursuant to this subdivision  may  be  reviewed  by  the  administrative review board for professional medical conduct.  (q)  At  any time subsequent to the final conclusion of a professional misconduct proceeding against a licensee, whether upon the determination and order of a hearing committee issued pursuant  to  paragraph  (h)  of this   subdivision   or   upon   the  determination  and  order  of  the administrative  review  board  issued  pursuant  to  paragraph  (d)   of subdivision  four  of  section  two  hundred thirty-c of this title, the licensee may file a petition with the director,  requesting  vacatur  or modification  of  the determination and order. The director shall, after reviewing the matter  and  after  consulting  with  department  counsel, determine  in  the  reasonable exercise of his or her discretion whether there is new and material evidence that  was  not  previously  available which,  had  it  been  available,  would  likely have led to a different result,  or  whether  circumstances  have  occurred  subsequent  to  the original  determination that warrant a reconsideration of the measure of discipline. Upon determining that such evidence or circumstances  exist, the  director  shall  have  the  authority  to  join  the licensee in an application to the chairperson  of  the  state  board  for  professional medical  conduct to vacate or modify the determination and order, as the director may  deem  appropriate.  Upon  the  joint  application  of  the licensee  and  the director, the chairperson shall have the authority to grant or deny such application.   11. Reporting of professional misconduct:  (a) The medical society of the state of New York, the New  York  state osteopathic  society  or any district osteopathic society, any statewide medical specialty society or  organization,  and  every  county  medical society,   every  person  licensed  pursuant  to  articles  one  hundred thirty-one, one hundred  thirty-one-B,  one  hundred  thirty-three,  one hundred  thirty-seven  and one hundred thirty-nine of the education law, and the chief executive officer, the chief of the medical staff and  the chairperson of each department of every institution which is established pursuant  to  article  twenty-eight  of this chapter and a comprehensive health services plan pursuant to article forty-four of this  chapter  or article  forty-three  of  the insurance law, shall, and any other person may, report to the board any  information  which  such  person,  medical society,  organization  institution or plan has which reasonably appears to show that a licensee is guilty of professional misconduct as  defined in  sections sixty-five hundred thirty and sixty-five hundred thirty-one  of the education law. Such reports shall remain confidential  and  shall not  be  admitted  into  evidence  in  any  administrative  or  judicial proceeding except that the board, its  staff,  or  the  members  of  its committees may begin investigations on the basis of such reports and may use them to develop further information.  (b)   Any   person,   organization,  institution,  insurance  company, osteopathic or medical society who reports or  provides  information  to the  board  in good faith, and without malice shall not be subject to an action for civil damages or other relief as the result of such report.  (c) Notwithstanding the foregoing, no physician shall  be  responsible for reporting pursuant to paragraph (a) of this subdivision with respect to any information discovered by such physician solely as a result of:  (i)  Participation  in a properly conducted mortality and/or morbidity conference, departmental  meeting  or  a  medical  or  tissue  committee constituted  pursuant  to  the  by-laws  of  a  hospital  which  is duly established pursuant to article twenty-eight of the public  health  law, unless  the  procedures  of  such conference, department or committee of such hospital shall have  been  declared  to  be  unacceptable  for  the purpose hereof by the commissioner, and provided that the obligations of reporting  such  information  when  appropriate  to  do  so shall be the responsibility of the chairperson  of  such  conference,  department  or committee, or   * (ii)  Participation and membership during a three year demonstration period in a physician committee of the Medical Society of the  State  of New  York  or the New York State Osteopathic Society whose purpose is to confront and refer  to  treatment  physicians  who  are  thought  to  be suffering   from   alcoholism,  drug  abuse,  or  mental  illness.  Such demonstration period shall commence on  April  first,  nineteen  hundred eighty and terminate on May thirty-first, nineteen hundred eighty-three. An  additional  demonstration  period  shall  commence  on  June  first, nineteen hundred  eighty-three  and  terminate  on  March  thirty-first, nineteen  hundred  eighty-six.  An additional demonstration period shall commence on April first, nineteen hundred eighty-six  and  terminate  on March   thirty-first,   nineteen   hundred  eighty-nine.  An  additional demonstration  period  shall  commence  April  first,  nineteen  hundred eighty-nine   and   terminate   March   thirty-first,  nineteen  hundred ninety-two. An additional  demonstration  period  shall  commence  April first,  nineteen  hundred  ninety-two  and terminate March thirty-first, nineteen hundred ninety-five. An additional demonstration  period  shall commence  on  April first, nineteen hundred ninety-five and terminate on March  thirty-first,  nineteen  hundred  ninety-eight.   An   additional demonstration  period  shall  commence  on April first, nineteen hundred ninety-eight and terminate on March thirty-first, two thousand three. An additional demonstration period  shall  commence  on  April  first,  two thousand  three  and  terminate  on  March  thirty-first,  two  thousand thirteen. An additional demonstration period shall commence April first, two thousand thirteen and terminate on March thirty-first, two  thousand eighteen. An additional demonstration period shall commence April first, two  thousand  eighteen  and  terminate  on  July  first,  two  thousand twenty-three provided, however,  that  the  commissioner  may  prescribe requirements   for  the  continuation  of  such  demonstration  program, including periodic reviews  of  such  programs  and  submission  of  any reports  and  data  necessary  to  permit  such  reviews.  During  these additional periods, the provisions of this subparagraph shall also apply to a physician committee of a county medical society.   * NB Expires July 1, 2023  (d) In the event that a  physician  or  administrator  of  a  hospital established  pursuant  to  article  twenty-eight  of  this chapter shall  reasonably be unable to determine if any information which he or she has is such that it does reasonably appear to show that a licensee is guilty of professional misconduct and therefore creates an obligation  on  such physician  or  such administrator to make a report pursuant to paragraph (a) hereof, he or she may either:  (i) in accordance  with  procedures  established  by  the  board,  and without  revealing the name of the licensee who he or she is considering making such a report about, request in writing the advice of  the  board as  to  whether  or  not  a  report should be made, and the physician or administrator so requesting such advice shall then be required to comply with the advice of the board. No such request for advice  shall  relieve the  requesting  physician  or administrator of any obligation hereunder unless all other material facts are revealed, other than the name of the licensee in question, or  (ii) in the case where the licensee about whom  another  physician  is considering  making  such  report is affiliated with a hospital which is duly established pursuant to article twenty-eight  of  this  chapter,  a physician  may  elect to fulfill the obligations of paragraph (a) hereof by reporting such information to the appropriate executive committee  or professional  practices  peer review committee which is duly constituted pursuant to by-laws of such hospital, unless the peer review  procedures of  such  hospital  shall  have been declared to be unacceptable for the purposes hereof by the  commissioner.  The  physician  members  of  such hospital  executive  committee  or  professional  practices  peer review committee shall thereupon have  the  responsibility  of  reporting  such information  to  the board pursuant to paragraph (a) hereof, as required thereby, but in the event that such committee determines that  a  report shall  be  made  to  the  board,  the  chairperson of such committee may fulfill the obligation of reporting on behalf of all the members of  the committee, or  (iii)  in  a  case  where  the  physician,  about  whom  he  or she is considering making such report, is a member of a county medical  society or  district osteopathic society, and is not affiliated with a hospital, but practices his or her profession within such county  or  district,  a physician  may  elect to fulfill the obligations of paragraph (a) hereof by  reporting  such  information  to  the  appropriate  county   medical society's  or  district  osteopathic  society's  professional  practices review committee duly constituted pursuant to the by-laws of such county medical society or  district  osteopathic  society,  unless  the  review procedures  of  such  county  medical  society  or  district osteopathic society shall have been declared to be  unacceptable  for  the  purposes hereof  by  the  commissioner.  The  physician  members  of  such review committee shall thereupon have  the  responsibility  of  reporting  such information  to  the board pursuant to paragraph (a) hereof, as required thereby, but in the event that such committee determines that  a  report shall  be  made  to  the  board,  the  chairperson of such committee may fulfill the obligation of reporting on behalf of all the members of  the committee.  (e)  Nothing contained in this subdivision shall be so construed as to require any physician  to  violate  a  physician/patient  privilege  and therefore,  no  physician shall be required to report any information to the board which such  physician  has  learned  solely  as  a  result  of rendering treatment to another physician.  (f)  A  violation  of  this  subdivision  shall  not be subject to the provisions of sections twelve and twelve-b of this chapter.   * (g) Any physician committee of the Medical Society of the  State  of New  York,  the  New  York State Osteopathic Society or a county medical society referred to in  subparagraph  (ii)  of  paragraph  (c)  of  this  subdivision  shall develop procedures in consultation with, and approved by, the commissioner of the department  of  health,  including  but  not limited to the following:  (i)   The  committee  shall  disclose  at  least  once  a  month  such information as the  director  of  the  office  of  professional  medical conduct  may  deem  appropriate  regarding reports received, contacts or investigations made and the disposition of each report, provided however that the  committee  shall  not  disclose  any  personally  identifiable information  except  as  provided  in  subparagraph (ii) or subparagraph (iii) of this paragraph.  (ii) The committee shall immediately report to the director the  name, all information obtained and the results of any contact or investigation regarding  any physician who is believed to be an imminent danger to the public.  (iii) The committee shall report to the director in a  timely  fashion all   information  obtained  regarding  any  physician  who  refuses  to cooperate with the committee, refuses to submit to treatment,  or  whose impairment is not substantially alleviated through treatment.  (iv) The committee shall inform each physician who is participating in a  program  of the procedures followed in the program, of the rights and responsibilities of the physician in the program  and  of  the  possible results of noncompliance with the program.   ** (v)  No member of any such committee shall be liable for damages to any person for any action taken by such member provided that such action was taken without malice and within the scope of such member's  function as a member of such committee.   ** NB Repealed July 1, 2023   ** (vi)  The committee, in conjunction with the director of the office of professional medical conduct, shall develop appropriate consent forms and disclosure  proceedings  as  may  be  necessary  under  any  federal statute,  rule  or  regulation  in order to permit the disclosure of the information as may be required under subparagraphs  (ii)  and  (iii)  of this paragraph.   Except  as  herein provided and notwithstanding any other provision of law, neither the proceedings nor  the  records  of  any  such  physician committee shall be subject to disclosure under article thirty-one of the civil  practice law and rules nor shall any member of any such committee nor any person in attendance at any such meeting be required to  testify as to what transpired thereat.   ** NB Repealed July 1, 2023   * NB Expires July 1, 2023  (h)  The  office  of  professional  medical  conduct shall post on its website information on patients' rights and reporting options under this subdivision regarding professional misconduct, which shall  specifically include  information  on  reporting  instances  of  misconduct involving sexual harassment and assault. All physicians' practice  settings  shall conspicuously  post  signage,  visible to their patients, directing such patients to the office of professional  medical  conduct's  website  for information   about   their   rights  and  how  to  report  professional misconduct.   12. Summary action. (a) Whenever the  commissioner,  (i)  after  being presented  with  information  indicating  that  a  licensee  is causing, engaging in or maintaining a condition or activity which has resulted in the transmission or suspected transmission, or is likely to lead to  the transmission,  of  communicable disease as defined in the state sanitary code or HIV/AIDS, by the state and/or a local health department  and  if in  the  commissioner's opinion it would be prejudicial to the interests of the people to delay action until an opportunity for a hearing can  be  provided  in  accordance  with  the prehearing and hearing provisions of this section; or (ii) after an investigation and a recommendation  by  a committee  on  professional  conduct of the state board for professional medical  conduct, based upon a determination that a licensee is causing, engaging in  or  maintaining  a  condition  or  activity  which  in  the commissioner's  opinion  constitutes an imminent danger to the health of the people, and that it therefore  appears  to  be  prejudicial  to  the interests  of  the  people  to  delay  action until an opportunity for a hearing can be provided in accordance with the  prehearing  and  hearing provisions  of this section; the commissioner may order the licensee, by written notice, to discontinue such dangerous condition or  activity  or take certain action immediately and for a period of ninety days from the date  of  service of the order. Within ten days from the date of service of the said order, the state  board  for  professional  medical  conduct shall  commence  and  regularly  schedule  such  hearing  proceedings as required by this section, provided, however, that the hearing  shall  be completed within ninety days of the date of service of the order. To the extent  that  the  issue  of  imminent  danger can be proven without the attorney representing the office of professional medical conduct putting in its entire case, the committee of the  board  shall  first  determine whether  by  a  preponderance  of  the evidence the licensee is causing, engaging in or maintaining a condition or activity which constitutes  an imminent  danger  to the health of the people. The attorney representing the office of professional medical conduct  shall  have  the  burden  of going  forward  and  proving by a preponderance of the evidence that the licensee's condition,  activity  or  practice  constitutes  an  imminent danger  to  the  health  of  the  people.  The  licensee  shall  have an opportunity to be heard and to present proof. When both the  office  and the  licensee have completed their cases with respect to the question of imminent danger, the committee shall promptly make a  recommendation  to the  commissioner  on the issue of imminent danger and determine whether the summary order should be left in effect,  modified  or  vacated,  and continue the hearing on all the remaining charges, if any, in accordance with  paragraph  (f) of subdivision ten of this section. Within ten days of the committee's  recommendation,  the  commissioner  shall  determine whether  or not to adopt the committee's recommendations, in whole or in part, and shall leave in effect, modify or vacate his summary order. The state board for professional medical conduct shall make every reasonable effort  to  avoid  any  delay  in  completing   and   determining   such proceedings.  If,  at  the  conclusion  of  the hearing, (i) the hearing committee of the board finds the licensee guilty of one or more  of  the charges  which  are  the  basis  for the summary order, (ii) the hearing committee determines that the summary  order  continue,  and  (iii)  the ninety  day  term  of the order has not expired, the summary order shall remain in full force and effect until a final decision has been rendered by the committee or, if review is sought, by the  administrative  review board. A summary order shall be public upon issuance.  (b)  When  a licensee has pleaded or been found guilty or convicted of committing an act constituting a felony under  New  York  state  law  or federal  law,  or  the  law  of another jurisdiction which, if committed within this state, would have constituted a felony under New York  state law,  or  when  a  licensee  has  been  charged  with  committing an act constituting a felony under New York state or federal law or the law  of another  jurisdiction,  where  the licensee's alleged conduct, which, if committed within this state, would have constituted a felony  under  New York state law, and in the commissioner's opinion the licensee's alleged conduct  constitutes  an imminent danger to the health of the people, or when the duly authorized professional  disciplinary  agency  of  another  jurisdiction  has  made  a finding substantially equivalent to a finding that the practice of medicine  by  the  licensee  in  that  jurisdiction constitutes  an  imminent  danger to the health of its people, or when a licensee   has  been  disciplined  by  a  duly  authorized  professional disciplinary agency of another jurisdiction for acts which if  committed in this state would have constituted the basis for summary action by the commissioner   pursuant  to  paragraph  (a)  of  this  subdivision,  the commissioner, after a recommendation  by  a  committee  of  professional conduct  of  the state board for professional medical conduct, may order the  licensee,  by  written  notice,  to  discontinue  or  refrain  from practicing  medicine  in  whole  or  in  part or to take certain actions authorized  pursuant  to  this  title  immediately.  The  order  of  the commissioner  shall  constitute  summary action against the licensee and become public upon issuance. The  summary  suspension  shall  remain  in effect  until  the  final  conclusion  of a hearing which shall commence within ninety days of the date of service of the  commissioner's  order, end  within  ninety  days thereafter and otherwise be held in accordance with paragraph (a) of this subdivision, provided, however, that when the commissioner's order is based upon a finding substantially equivalent to a finding that the practice of  medicine  by  the  licensee  in  another jurisdiction constitutes an imminent danger to the health of its people, the  hearing  shall  commence  within thirty days after the disciplinary proceedings in that jurisdiction are finally concluded. If, at any time, the felony charge is dismissed, withdrawn or  reduced  to  a  non-felony charge, the commissioner's summary order shall terminate.   13.  (a)  Temporary  surrender.  The  license  and  registration  of a licensee who may be temporarily incapacitated for the active practice of medicine and whose alleged incapacity has not  resulted  in  harm  to  a patient  may  be  voluntarily  surrendered to the board for professional medical conduct, which may accept  and  hold  such  license  during  the period  of such alleged incapacity or the board for professional medical conduct may accept the surrender of  such  license  after  agreement  to conditions  to be met prior to the restoration of the license. The board shall give prompt written notification of such surrender to the division of professional licensing services of the  state  education  department, and  to each hospital at which the licensee has privileges. The licensee whose license is so  surrendered  shall  notify  all  patients  and  all persons  who  request medical services that the licensee has temporarily withdrawn from the practice of medicine. The licensure  status  of  each such  licensee  shall  be  "inactive"  and  the  licensee  shall  not be authorized to practice medicine. The temporary surrender  shall  not  be deemed  to  be an admission of disability or of professional misconduct, and shall not be used as evidence of a violation of subdivision seven or eight of section sixty-five hundred thirty of the education  law  unless the  licensee  practices  while  the  license  is  "inactive".  Any such practice shall constitute a violation of subdivision twelve  of  section sixty-five  hundred  thirty  of  the  education  law. The surrender of a license under this subdivision shall not  bar  any  disciplinary  action except  action  based solely upon the provisions of subdivision seven or eight of section sixty-five hundred thirty  of  the  education  law  and where  no harm to a patient has resulted, and shall not bar any civil or criminal action or proceeding which might be brought without  regard  to such  surrender.  A surrendered license shall be restored upon a showing to the satisfaction of a committee of professional conduct of the  state board  for  professional  medical  conduct  that  the  licensee  is  not incapacitated for the active practice  of  medicine  provided,  however, that  the committee may impose reasonable conditions on the licensee, if it determined that due to the nature and extent of the licensee's former  incapacity such conditions are necessary to protect the  health  of  the people. The chairperson of the committee shall issue a restoration order adopting  the  decision of the committee. Prompt written notification of such  restoration  shall  be  given  to  the  division  of  professional licensing  services  of  the  state  education  department  and  to  all hospitals which were notified of the surrender of the license.  (b)  Permanent  surrender.  The license and registration of a licensee who  may  be  permanently  incapacitated  for  the  active  practice  of medicine,  and  whose  alleged  incapacity has not resulted in harm to a patient, may be voluntarily surrendered to the  board  for  professional medical  conduct.  The  board  shall give prompt written notification of such surrender to the division of professional licensing services of the state education department, and to each hospital at which  the  licensee has  privileges.  The  licensee  whose  license  is so surrendered shall notify all patients and all persons who request  medical  services  that the  licensee  has  permanently withdrawn from the practice of medicine. The permanent surrender shall not  be  deemed  to  be  an  admission  of disability  of  or  professional  misconduct,  and  shall not be used as evidence of a  violation  of  subdivision  seven  or  eight  of  section sixty-five  hundred thirty of the education law. The surrender shall not bar any civil or criminal action or proceeding which  might  be  brought without  regard  to  such  surrender. There shall be no restoration of a license that has been surrendered pursuant to this subdivision.   14. Reports.  The  board  shall  prepare  an  annual  report  for  the legislature,  the  governor  and  other  executive  offices, the medical profession, medical professional societies, consumer agencies and  other interested  persons. Such report shall include, but shall not be limited to, a description and analysis  of  the  administrative  procedures  and operations  based upon a statistical summary relating to (i) discipline, (ii) complaint, investigation, and hearing  backlog  and  (iii)  budget. Information  provided for these sections shall be enumerated by regional office of the office of professional medical conduct.   * 15. The commissioner shall make grants to any physician committee as referred to in subparagraph (ii) of paragraph (c) of subdivision  eleven of  this  section  to  fund  the operations of such committee during the authorized demonstration period. Grants shall be awarded pursuant to  an expenditure   plan   developed   by   the   sponsoring  organization  in consultation with, and approved by the commissioner. No funds  shall  be made  available  unless the committee's procedures have been approved by the commissioner pursuant to paragraph (g) of subdivision eleven of this section.   * NB Repealed July 1, 2023   16. Liability. Notwithstanding any other provision of law, persons who assist the department as consultants, expert  witnesses,  administrative officers  or  monitors  in  the investigation, prosecution or hearing of alleged  professional   misconduct,   licensure   matters,   restoration proceedings,   probation,  or  criminal  prosecutions  for  unauthorized practice, shall not be  liable  for  damages  in  any  civil  action  or proceeding  as  a result of such assistance, except upon proof of actual malice. The attorney general shall  defend  such  persons  in  any  such action or proceeding, in accordance with section seventeen of the public officers law.   17.  Monitoring.  (a)  A  licensee  may  be ordered to have his or her practice monitored by another appropriate licensee  after  investigation and review pursuant to paragraph (a) of subdivision ten of this section, if  there  is  reason to believe that the licensee is unable to practice medicine with reasonable skill and safety to patients.  (b) The director of the office of professional medical conduct,  after consultation  with  the  executive  secretary,  shall  direct counsel to prepare a notice detailing the reasonable cause and a copy of the notice shall be served on the licensee. The matter  shall  be  presented  to  a committee  on professional conduct by an attorney for the department and the licensee shall have the opportunity to be heard  by  such  committee and  may  be  represented  by  counsel.  A  stenographic  record  of the proceeding shall be made. Service of the notice shall be  in  accordance with  the  methods of service authorized by paragraph (d) of subdivision ten of this section.  (c) If the  committee  determines  that  reasonable  cause  exists  as specified  in  paragraph  (a)  of  this  subdivision  and  that there is insufficient evidence for the matter to constitute misconduct as defined in sections sixty-five hundred thirty  and  section  sixty-five  hundred thirty-one  of  the  education  law,  the  committee  may issue an order directing that the licensee's practice of medicine be  monitored  for  a period  specified in the order, which shall in no event exceed one year, by a licensee approved by the director, which  may  include  members  of county medical societies or district osteopathic societies designated by the  commissioner.  The licensee responsible for monitoring the licensee shall submit regular reports to the director. If the licensee refuses to cooperate with  the  licensee  responsible  for  monitoring  or  if  the monitoring licensee submits a report that the licensee is not practicing medicine  with  reasonable  skill and safety to his or her patients, the committee may refer the matter to the director for  further  proceedings pursuant  to  subdivision ten of this section. An order pursuant to this paragraph shall be  kept  confidential  and  shall  not  be  subject  to discovery  or  subpoena,  unless the licensee refuses to comply with the order.  (d) A licensee may not seek the appointment of a monitor  pursuant  to this  subdivision  in  lieu  of  an order issued pursuant to subdivision seven  of  this  section  or  a  disciplinary  proceeding  pursuant   to subdivision ten or twelve of this section.   18.  (a)  The director shall have the authority to monitor physicians, physician's assistants and specialist's assistants who have been  placed on  probation  pursuant to a determination of professional misconduct by the board. During such period of probation, the director, or his or  her designee,  as provided in the order of the board, and after consultation with  the  executive  secretary,  (i)  may   review   the   professional performance  of  the  licensee  by  randomly  selecting  office records, patient records and hospital charts, (ii) may require periodic visits by the licensee to a member of the state  board  for  professional  medical conduct  or  an  employee of the office of professional medical conduct, (iii) may  require  the  licensee  to  obtain  an  appropriate  monitor, approved  by  the director, to monitor the licensee's practice, (iv) may require an audit of the licensee's billings for services rendered during probation, (v) may require the licensee to submit on a random  basis  to tests  for  the  presence  of  alcohol  or  drugs,  (vi) may require the licensee to obtain  additional  training  prior  to  completion  of  the probation,  (vii)  may  require  the  licensee  to  work in a supervised setting, (viii) may require, as a condition of the licensee's  continued practice,  that  the  licensee undergo therapy and/or treatment approved and monitored by the director, (ix) may require that the licensee comply with the requirements of the penalty imposed, and (x)  may  impose  upon the  licensee  such  additional requirements as reasonably relate to the misconduct found or are necessary to protect the health  of  the  people pursuant  to  regulation. The director is authorized to delegate some or  all of the  foregoing  responsibilities  to  designated  county  medical societies and district osteopathic societies.  (b)  Any health care provider licensed pursuant to this chapter or the education law, hospital licensed pursuant  to  article  twenty-eight  of this  chapter  or  medical  school  that participates in a monitoring or remediation  program  pursuant  to  this  subdivision  and   subdivision seventeen  of this section shall not be liable for the negligence of the monitored licensee in providing medical care pursuant  to  a  monitoring program.  However,  this  paragraph  does not diminish the participating provider's, hospital's or school's liability  for  failure  to  exercise reasonable  care in properly carrying out its responsibilities under the program. The monitored licensee shall be required  to  maintain  medical malpractice  insurance  coverage  with  limits  no less than two million dollars per occurrence and six million dollars per policy year.   19. Upon receipt of information that indicates a licensee  may  be  in violation  of  the terms or conditions of probation, the director of the office of professional medical conduct shall conduct  an  investigation. If  the director determines that a licensee may have violated probation, the director shall give notice by letter to the licensee  of  the  facts forming the basis of the alleged violation of probation by the licensee, that  the  licensee  has  a right to a hearing and may be represented by counsel. If the licensee does not dispute the facts forming the basis of the alleged violation of probation within twenty days of the date of the letter,  the  director  shall  submit  the  matter  to  a  committee  on professional  conduct for its review and determination. If within twenty days of the date of the letter, the licensee disputes any of  the  facts forming  the  basis  of the alleged violation of probation, the licensee shall be afforded a hearing before a committee on  professional  conduct to   hear   and  make  findings  of  fact,  conclusions  of  law  and  a determination. A stenographic record of the hearing shall be  made.  The committee,  after  providing a licensee with an opportunity to be heard, shall determine whether the licensee has violated  probation  and  shall impose an appropriate penalty as defined in section two hundred thirty-a of  this  title.  In  determining the appropriate penalty, the committee shall  consider  both  the  violation  of  probation   and   the   prior adjudication of misconduct. The chairperson of the committee shall issue an order adopting the decision of the committee on professional conduct. The  order  may  be  reviewed  by  the  administrative  review board for professional medical conduct.