New York Consolidated Laws

N.Y. Correction Law § 43 (2026)

Correction medical review board; organization

✓ current as of May 2026

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§ 43. Correction medical review board; organization.  1. There shall
be within the commission a correction medical review board. It shall
consist of six persons to be appointed by the governor by and with the
advice and consent of the senate. In addition, the part-time commission
members shall serve on the board. Lastly, the governor shall designate
the full-time member other than the chair of the commission and the
chair of the council as chair of the board to serve as such at the
pleasure of the governor. Of the appointed members of the board one
shall be a physician duly licensed to practice in this state; one shall
be a physician duly licensed to practice in this state and a board
certified forensic pathologist; one shall be a physician duly licensed
to practice in this state and shall be a board certified forensic
psychiatrist; one shall be an attorney admitted to practice in this
state; two shall be members appointed at large.
  2. The six appointed members of the board shall hold office for five
years; provided that of the two members first appointed, after December
thirty-first, nineteen hundred eighty-seven who are not appointed to
succeed any other member of the board, one shall be appointed for a term
of four years and one shall be appointed for a term of five years from
January first next succeeding their appointment. Any appointed member of
the board may be removed by the governor for cause after an opportunity
to be heard in his defense.
  3. Any member chosen to fill a vacancy created other than by
expiration of term shall be appointed for the unexpired term of the
succeeded member. Vacancies caused by expiration of term or otherwise
shall be filled in the same manner as original appointments.
  4. The members of the board, other than the commission members, shall
receive no compensation for their services but each member shall be
entitled to receive their actual and necessary expenses incurred in the
performance of their duties.

Notes of Decisions

Cited in 3 cases, 2003–2012 · leading case: Belmonte v. Snashall, 813 N.E.2d 621 (NY 2004).

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Belmonte v. Snashall, 813 N.E.2d 621 (NY 2004). “The Legislature has also used the term “board certified” in other statutes to refer to a medical specialty board (see Correction Law § 43 [1]; Insurance Law § 4900 [b] [2] [A] [ii]; Public Health Law § 4900 [2] [b] [i] [B]).”

New York City Health & Hospitals Corp. v. New York State Comm'n of Corr., 969 N.E.2d 765 (NY 2012). · cites it 2× “Within the Commission there is a Medical Review Board (the Board) (Correction Law § 43) composed in significant part of duly licensed medical doctors, including a board certified pathologist and psychiatrist (Correction Law § 43 [1]).”

Rosenblum v. New York State Workers' Comp. Bd., 309 A.D.2d 120 (N.Y. App. Div. 2003). “The Legislature has required in other instances that medical professionals who perform medical review functions be “board certified” (see Correction Law §43 [1]; Public Health Law § 4900 [2] [b] [i] [B]; Insurance Law § 4900 [b] [2] [A] [ii]), including those physicians who…”

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