2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 2-A - Professional Medical Conduct › 230-C - Administrative Review Board for Professional Medical Conduct.

§ 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.