1. The Laws of New York
  2. Consolidated Laws
  3. Public Health
  4. Article 5: Laboratories
  5. Title 5: Clinical Laboratory and Blood Banking Services

Section 580 Construction

Public Health (PBH)

1. Nothing in this title shall be construed as affecting the educational program of any college or university or any legally chartered school approved by the department of education which program is conducted for the training of its students.

  2. Nothing in this title shall be construed as affecting facilities which perform laboratory tests solely for research purposes, nor as affecting laboratory testing by a public health officer as part of an epidemiological investigation in which no patient identified result is reported for diagnostic purposes to a health care provider or the subject of the test.

  3. (a) Nothing in this title shall be construed to impair or affect the power or authority of the city of New York or a department or agency thereof, to enact or enforce additional laws, codes or regulations affecting clinical laboratories or blood banks, not inconsistent with the provisions of this title or any regulations promulgated hereunder, related to the control, prevention or reporting of diseases or medical conditions or to the control or abatement of public health nuisances. Noncompliance with such laws, codes or regulations as documented by the local public health officer may be a basis for the department's denial or non-renewal of a laboratory permit or a certificate of qualification.

  (b) Such local laws, codes or regulations which are more restrictive than or additional to the requirements set forth in this title or the regulations promulgated hereunder shall be deemed not inconsistent.

  4. The collection, processing, storage, distribution or use of blood, blood components or blood derivatives for the purpose of diagnosis, prevention or treatment of disease is hereby declared to be a public health service and shall not be construed to be, and is declared not to be, a sale of such blood, blood components or blood derivatives, for any purpose or purposes whatsoever.

  5. Notwithstanding any inconsistent provision of the education law, individuals performing only waived tests or provider-performed microscopy procedures in accordance with the provisions of subdivision three of section five hundred seventy-nine of this title shall not be required to be licensed or certified as a clinical laboratory practitioner pursuant to the education law.