Section 45.15. Mental hygiene medical review board; organization  


Latest version.
  • (a)  There  shall  be  within  the commission a mental hygiene medical
      review board. The board shall be composed  of  up  to  fifteen  members,
      including  specialists  in  forensic  pathology, psychiatry and internal
      medicine to be appointed by the governor. The governor  shall  designate
      one  of  the  members  to  serve as chair of the board. Members shall be
      appointed for terms of three years, provided, however, that one-third of
      the members first appointed shall be appointed for a one year  term  and
      one-third  for  two  year  terms.  Vacancies shall be filled in the same
      manner as original appointments for the remainder of any unexpired term.
      Members shall continue in office after the  expiration  of  their  terms
      until  their  successors have been appointed and qualified. The governor
      may remove any member of the board whenever in his judgment  the  public
      interest may require such removal. In case of such removal, the governor
      shall file with the department of state a statement indicating the cause
      for  such removal. Notwithstanding any provision of law to the contrary,
      the chair of the board may appoint committees of five or more members of
      the board and delegate in writing to any such committee the authority to
      perform the functions, powers  and  duties  of  the  board  pursuant  to
      section 45.17 of this article.
        (b)  The  members of the board shall receive no compensation for their
      services but shall be reimbursed for their actual and necessary expenses
      incurred in the performance of their duties.
        (c) The board shall have an executive secretary and such officers  and
      employees  as  the  chair of the commission shall assign upon request of
      the chair of the board, to assist it in the performance of its duties.
        (d) All records of the proceedings, the deliberations  of  the  mental
      hygiene  medical  review  board and any testimony given before the board
      shall not be subject to disclosure under article thirty-one of the civil
      practice law and rules.
        (e) The board or any committee appointed by the  chair  of  the  board
      shall  meet  at the request of its chair or the chair of the commission.
      Any member of the board who fails to attend three  consecutive  meetings
      of  the  board  or the committee to which such member is assigned by the
      chair of the board, unless excused by the chair of the board,  shall  be
      considered to have vacated his or her office unless otherwise ordered by
      the  governor.  The term of any such person appointed by the governor to
      fill such vacancy shall be governed by the provisions of this section.