2006 New York Code - Scope And Exceptions.

 
    §  579.  Scope  and  exceptions.  1.  This  title is applicable to all
  clinical laboratories and blood banks operating within the state, except
  clinical laboratories and blood banks operated by the federal government
  and clinical laboratories operated by a licensed  physician,  osteopath,
  dentist,   midwife,   nurse  practitioner  or  podiatrist  who  performs
  laboratory tests  or  procedures,  personally  or  through  his  or  her
  employees,  solely  as  an  adjunct  to  the treatment of his or her own
  patients; to the extent authorized by federal and state  law,  including
  the  education  law, and consistent with any applicable written practice
  agreement.
    2. This title shall not be applicable to and the department shall  not
  have  the  power to regulate pursuant to this title: (a) any examination
  performed by a state or local government of materials derived  from  the
  human  body  for  use  in  criminal  identification  or as evidence in a
  criminal  proceeding  or  for  investigative  purposes;  (b)  any   test
  conducted  pursuant  to  paragraph  (c)  of  subdivision four of section
  eleven hundred ninety-four of the vehicle and traffic law and  paragraph
  (b)  of  subdivision  four of section 25.24 of the parks, recreation and
  historic preservation law; (c) any examination performed by a  state  or
  local  agency  of materials derived from the body of an inmate, pretrial
  releasee, parolee, conditional releasee or probationer to (i) determine,
  measure or otherwise describe the presence or absence of  any  substance
  whose  possession,  ingestion  or use is prohibited by law, the rules of
  the department of  correctional  services,  the  conditions  of  release
  established   by   the  board  of  parole,  the  conditions  of  release
  established by a court or a local conditional release commission or  the
  conditions  of  any  program  to which such individuals are referred and
  (ii) to determine whether there has been a violation thereof; or (d) any
  examination  performed  by  a  coroner  or  medical  examiner  for   the
  medical-legal investigation of a death. Nothing herein shall prevent the
  department  from  consulting  with  the  division  of  criminal  justice
  services, the department of correctional services, the state police,  or
  any  other state agency or commission, at the request of the division of
  criminal justice services, the department of correctional services,  the
  state police, or such other agency or commission, concerning examination
  of materials for purposes other than public health.