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This entry was published on 2014-09-22
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Public Health (PBH) CHAPTER 45, ARTICLE 5, TITLE 5
§ 580. Construction. 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.