§ 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.