N.Y. Public Health Law 578 – Penalties
§ 578. Penalties. 1. (a) A person who owns or operates a clinical laboratory or blood bank, and who does not hold a valid permit issued pursuant to the provisions of this title or who otherwise does not comply with this title or the New York city health code is guilty of a misdemeanor, punishable by imprisonment for not more than one year, or by a fine of not more than two thousand dollars, or by both such fine and imprisonment. For any subsequent offense, the penalty shall be both such fine and imprisonment.
Attorney's Note
Under the New York Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 364 days | up to $1,000 |
Terms Used In N.Y. Public Health Law 578
- Blood bank: means a facility for the collection, processing, storage and/or distribution of human blood, blood components or blood derivatives, but shall not mean a source plasma donation center. See N.Y. Public Health Law 571
- Clinical laboratory: means a facility for the microbiological, immunological, chemical, hematological, biophysical, cytological, pathological, genetic, or other examination of materials derived from the human body, for the purpose of obtaining information for the diagnosis, prevention, or treatment of disease or the assessment of a health condition or for identification purposes. See N.Y. Public Health Law 571
- Director: means the person who is responsible for administration of the technical and scientific operation of a clinical laboratory or blood bank, including supervision of procedures and reporting of findings of tests. See N.Y. Public Health Law 571
(b) A person who owns or operates a clinical laboratory or blood bank and willfully misreports laboratory results or otherwise fails to comply with the provisions of this title is guilty of a class A misdemeanor, punishable by imprisonment for not more than one year, or by a fine of not more than one thousand dollars, or by both such fine and imprisonment.
2. A person who acts as a director after July first, nineteen hundred sixty-five, and who does not hold a valid certificate of qualification issued pursuant to the provisions of this title is guilty of a misdemeanor, punishable by imprisonment for not more than one year, or by a fine of not more than five hundred dollars or by both such fine and imprisonment.