New York Court of Appeals
In the Matter of Perry Orens, Respondent v. Antonia C. Novello, as Commissioner of the Department of Health of the…
November 14, 200299 N.Y.2d 180
Summary
The Court held that under Public Health Law § 230(6) a "lay member" means any non‑physician, so a physician’s assistant does not satisfy that requirement and committees composed of two physicians and a physician’s assistant are invalid. Accordingly, the Court reversed the lower courts' orders and remanded the matters for new hearings. A dissent argued that "lay member" should be limited to a consumer outsider and would have affirmed the Appellate Division’s order.