N.Y. Public Health Law § 580: Construction

§ 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.