Laws of New York (Last Updated: November 21, 2014) |
MHY Mental Hygiene |
Title E. GENERAL PROVISIONS |
Article 45. STATE COMMISSION ON QUALITY OF CARE AND ADVOCACY FOR PERSONS WITH DISABILITIES. |
Section 45.15. Mental hygiene medical review board; organization
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(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.