N.Y. Public Health Law § 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.