(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.
Structure New York Laws
Article 2 - The Department of Health
Title 2-A - Professional Medical Conduct
230 - State Board for Professional Medical Conduct; Proceedings.
230-A - Penalties for Professional Misconduct.
230-A*2 - Infection Control Standards.
230-B - Disciplinary Proceedings for Physician's Assistants and Specialist's Assistants.
230-C - Administrative Review Board for Professional Medical Conduct.