§ 579. Scope and exceptions. 1. This title is applicable to all\nclinical laboratories and blood banks operating within the state, except\nclinical laboratories and blood banks operated by the federal government\nand clinical laboratories operated by a licensed physician, osteopath,\ndentist, midwife, nurse practitioner, optometrist performing a clinical\nlaboratory test that does not use an invasive modality as defined in\nsection seventy-one hundred one of the education law or podiatrist who\nperforms laboratory tests or procedures, personally or through his or\nher employees, solely as an adjunct to the treatment of his or her own\npatients; to the extent authorized by federal and state law, including\nthe education law.\n 2. This title shall not be applicable to and the department shall not\nhave the power to regulate pursuant to this title: (a) any examination\nperformed by a state or local government of materials derived from the\nhuman body for use in criminal identification or as evidence in a\ncriminal proceeding or for investigative purposes; (b) any test\nconducted pursuant to paragraph (c) of subdivision four of section\neleven hundred ninety-four of the vehicle and traffic law and paragraph\n(c) of subdivision eight of section 25.24 of the parks, recreation and\nhistoric preservation law; (c) any examination performed by a state or\nlocal agency of materials derived from the body of an incarcerated\nindividual, pretrial releasee, parolee, conditional releasee or\nprobationer to (i) determine, measure or otherwise describe the presence\nor absence of any substance whose possession, ingestion or use is\nprohibited by law, the rules of the department of corrections and\ncommunity supervision, the conditions of release established by the\nboard of parole, the conditions of release established by a court or a\nlocal conditional release commission or the conditions of any program to\nwhich such individuals are referred and (ii) to determine whether there\nhas been a violation thereof; or (d) any examination performed by a\ncoroner or medical examiner for the medical-legal investigation of a\ndeath. Nothing herein shall prevent the department from consulting with\nthe division of criminal justice services, the department of corrections\nand community supervision, the state police, or any other state agency\nor commission, at the request of the division of criminal justice\nservices, the department of corrections and community supervision, the\nstate police, or such other agency or commission, concerning examination\nof materials for purposes other than public health.\n 3. (a) This title shall not be applicable to any person, partnership,\ncorporation or other entity performing any waived test or\nprovider-performed microscopy procedure, provided such person,\npartnership, corporation or other legal entity: (i) holds a valid\ncertificate of registration issued by the department authorizing the\nperformance of one or more waived tests or provider-performed microscopy\nprocedures; and (ii) only performs tests authorized by the certificate\nof registration; and (iii) otherwise complies with all applicable\nrequirements of this subdivision.\n (b) The department may issue a certificate of registration authorizing\nthe performance of one or more waived tests or provider-performed\nmicroscopy procedures for a period of up to two years if the applicant:\n(i) files a completed application with the department on such forms as\nthe commissioner may prescribe; (ii) provides documentation acceptable\nto the department demonstrating the ability to comply with the\nrequirements of this subdivision; and (iii) pays a two hundred dollar\nbiennial registration fee for each location where services are rendered;\nexcept that a voluntary ambulance service as defined in article thirty\nof the public health law and operated under section two hundred nine-b\nof the general municipal law shall be exempt from the requirement to pay\na fee to obt
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