§ 230. State board for professional medical conduct; proceedings. 1. A\nstate board for professional medical conduct is hereby created in the\ndepartment in matters of professional misconduct as defined in sections\nsixty-five hundred thirty and sixty-five hundred thirty-one of the\neducation law. Its physician members shall be appointed by the\ncommissioner at least eighty-five percent of whom shall be from among\nnominations submitted by the medical society of the state of New York,\nthe New York state osteopathic society, the New York academy of\nmedicine, county medical societies, statewide specialty societies\nrecognized by the council of medical specialty societies, and the\nhospital association of New York state. Its lay members shall be\nappointed by the commissioner with the approval of the governor. The\nboard of regents shall also appoint twenty percent of the members of the\nboard. Not less than sixty-seven percent of the members appointed by the\nboard of regents shall be physicians. Not less than eighty-five percent\nof the physician members appointed by the board of regents shall be from\namong nominations submitted by the medical society of the state of New\nYork, the New York state osteopathic society, the New York academy of\nmedicine, county medical societies, statewide medical societies\nrecognized by the council of medical specialty societies, and the\nhospital association of New York state. Any failure to meet the\npercentage thresholds stated in this subdivision shall not be grounds\nfor invalidating any action by or on authority of the board for\nprofessional medical conduct or a committee or a member thereof. The\nboard for professional medical conduct shall consist of not fewer than\neighteen physicians licensed in the state for at least five years, two\nof whom shall be doctors of osteopathy, not fewer than two of whom shall\nbe physicians who dedicate a significant portion of their practice to\nthe use of non-conventional medical treatments who may be nominated by\nNew York state medical associations dedicated to the advancement of such\ntreatments, at least one of whom shall have expertise in palliative\ncare, and not fewer than seven lay members. An executive secretary shall\nbe appointed by the chairperson and shall be a licensed physician. Such\nexecutive secretary shall not be a member of the board, shall hold\noffice at the pleasure of, and shall have the powers and duties assigned\nand the annual salary fixed by, the chairperson. The chairperson shall\nalso assign such secretaries or other persons to the board as are\nnecessary.\n 2. Members of such board shall be appointed by the commissioner or the\nboard of regents for three year terms except that the terms of those\nfirst appointed shall be arranged so that as nearly as possible an equal\nnumber shall terminate annually. A vacancy occurring during a term shall\nbe filled by an appointment by the commissioner or the board of regents\nfor the unexpired term.\n 3. Each member of the board shall receive a certificate of\nappointment, shall before beginning his term of office file a\nconstitutional oath of office with the secretary of state, shall receive\nup to one hundred fifty dollars as prescribed by the commissioner for\neach day devoted to board work not to exceed ten thousand dollars in any\none year, and shall be reimbursed for his necessary expenses. Any member\nmay be removed from the board at the pleasure of the commissioner.\n 4. The governor shall annually designate from the members of the board\na chairperson who shall be a physician and vice-chairperson. The board\nshall meet upon call of the chairperson, and may adopt bylaws consistent\nwith this section. A quorum for the transaction of business by the board\nshall be a majority of members.\n 5. From among the members of the board two or more committees on\nprofessional conduct shall be appointed by the board chairperson.\n 6. Any committee on professional conduct appointe
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