N.Y. Comp. Codes R. & Regs. Tit. 11 § 450.6 - Meetings of the Drug Accountability Board

(a) Meetings of the board shall be held only upon the call of the chair, and the chair, in the chair's sole discretion, may adjourn a meeting of the board for any reason. No quorum is needed to hold a meeting.
(b) Location of meetings. The meetings of the board may be held at any office of the department or may be held virtually.
(1) The location of the meeting shall be determined by the chair.
(c) Notice of meetings. The chair shall provide notice of not less than ten business days of any meeting of the board.
(1) Notwithstanding the requirements of this subdivision, the chair may call a meeting on less than ten business days' notice in the event of unusual or extraordinary circumstances.
(d) Attendance at meetings.
(1) Pursuant to Insurance Law section 202, the meetings of the board shall be private and not subject to disclosure.
(2) No recordings of the meetings of the board shall be made by any person; however, an official set of minutes for the meetings may be recorded by a representative of the bureau .
(3) No person shall be permitted to attend, view, or listen to any meeting of the board unless the person is:
(i) a member of the board;
(ii) a member of the bureau; or
(iii) an expert engaged by the bureau to provide a briefing to the board.
(4) The board may request a presentation on any subject relevant to any inquiry before the board from any state agency or authority. Such request shall be reviewed by the bureau and if the deputy superintendent of pharmacy benefits approves the request, the bureau shall arrange an expert briefing to the board.
(e) Adoption of the report of the board. A report of a board may be adopted outside of a meeting of the board provided that all non-recused members of the board are provided the report at least two business days prior to the close of voting on adoption.
(1) Not less than seven days before the board adopts a report, the bureau may convey to the person that was required to submit a written statement under Insurance Law section 111(a) anticipated findings provided by the board. Such person shall keep the proposed findings confidential and, pursuant to Insurance Law sections 111 and 202, such anticipated findings shall not be subject to disclosure. Such person may convey a response to the anticipated findings, and such response must be received by the board within seven days after the proposed findings are conveyed.
(2) No report of the board shall be adopted except by a majority vote of the non-recused members of the board.
(3) Any adopted report shall be an advisory report.


N.Y. Comp. Codes R. & Regs. Tit. 11 § 450.6
Adopted New York State Register April 7, 2021/Volume XLIII, Issue 14, eff. 4/7/2021 Amended New York State Register August 31, 2022/Volume XLIV, Issue 35, eff. 8/31/2022

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