N.Y. Comp. Codes R. & Regs. tit. 11, § 450.3 – Membership of the board.

(a) No person shall be a member of the board unless appointed by the superintendent to the board.
(b) No person shall be appointed to the board nor attend any meeting thereof unless the person has reviewed and agreed to be bound by the code of conduct for members of the board and any disclosures required thereunder.
1. (1) If the chair determines that any member of the board is not in compliance with the requirements of the code of conduct or this Part, then the member shall not take any part in any business of the board until the member comes into compliance.
(c) The superintendent shall appoint an employee of the department to serve as the chair of the board.
(d) The superintendent is not required to wait for the recommendation of the board before taking any related action.
(e) The membership of the board shall be appointed for a three-year term.
1. (1) All appointments shall expire on the same date three years following the appointment date of the first member of the board.
2. (2) In the event of any vacancy on the board, the superintendent may appoint a person to fill the remainder of the term.
(f) Members of the board shall exercise their duties and responsibilities in the public interest of the people of New York State, regardless of their affiliation with, or relationship to, any facility, agency or program, category of provider, or interest group.
(g) The board is an advisory board.