Well tell you what, you didn't need to be Clarence Darrow to see that them banning him for not agreeing to be tested while under the guranteed right of doctor/patient privilige was risky. Its why they haven't banned him yet.
They asked the Attorney general about their right to ban him and the fact that he never gave them his opinion that it was ok tells you all you need to know. Don't you figure if he felt they could do it unscatched that they would have by now? Doesn't take a month to figure that one out. read between the lines.
Those rights supercede any rules or agreement with the CHRB. If they tried enforcing that in NY, the next morning that board that would have a letter from the firm of Dewey, Cheatum, and Howe informing them that they were about to be sued for a pile of money.
That case would have supreme court written all over it. And if he were eventually ruled in favor of, they would be open to a lawsuit of gigantic proportions based on lost wages and a few more bucks for the suffering of it.