§ 1013. Medical advisory board. 1. The medical advisory board created pursuant to chapter nine hundred twelve of the laws of nineteen hundred twenty, and subsequent amendments thereto is hereby continued without interruption. It shall remain a division of the state athletic commission, and shall consist of nine members to be appointed by the governor. The governor shall designate one of such members as chairperson of the advisory board. The term of a member thereafter appointed, except to fill a vacancy, shall be three years from the expiration of the term of his predecessor. Upon the appointment of a successor to the chairperson of the advisory board, the governor shall designate such successor or other member of the advisory board as chairperson. A vacancy occurring otherwise than by expiration of term, shall be filled by appointment by the governor for the remainder only of the term. Each member of the advisory board shall be duly licensed to practice medicine in the state of New York, and at the time of his or her appointment have had at least five years' experience in the practice of his or her profession. The members of the advisory board shall receive such compensation as may be fixed by the commission within the amount provided by appropriation, and shall be allowed and paid necessary traveling and other expenses incurred by them, respectively, in the performance of their duties hereunder.

Terms Used In N.Y. General Business Law 1013

  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Commission: means the state athletic commission as provided for in section one thousand three of this article, or an agent or employee of the state athletic commission acting on its behalf. See N.Y. General Business Law 1000
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Professional: means any participant in a combative sport authorized pursuant to this article, other than an amateur, who is receiving or competing for, or who has ever received or competed for, any purse, money, prize, pecuniary gain, or other thing exceeding seventy-five dollars in value. See N.Y. General Business Law 1000
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.

2. The advisory board shall have power and it shall be the duty of the board to prepare and submit to the commission for approval regulations and standards for the physical examination of professionals including, without limitation, pre-fight and post-fight examinations and periodic comprehensive examinations. The board shall continue to serve in an advisory capacity to the commission and from time to time prepare and submit to the commission for approval, such additional regulations and standards of examination as in their judgment will safeguard the physical welfare of professionals licensed by the commission. The advisory board shall recommend to the commission from time to time such qualified physicians, who may be designated and employed by the commission for the purpose of conducting physical examinations of professionals and other services as the rules of the commission shall provide. Such physicians, if so employed, shall receive compensation as fixed by the commission within amounts appropriated therefor. The provisions of § 17 of the public officers law shall apply to any physician who:

(a) is designated and employed by the commission; and

(b) is rendering professional services on behalf of the commission to professionals.

3. The advisory board shall develop or recommend appropriate medical education programs for all commission personnel involved in the conduct of authorized combative sports so that such personnel can recognize and act upon evidence of potential or actual adverse medical indications in a participant prior to, during or after the course of a match.

4. The advisory board shall review the credentials and performance of each commission physician on an annual basis.

5. The advisory board shall advise the commission on any study of equipment, procedures or personnel which will, in their opinion, promote the safety of professionals.