Sec Form 4 Filing - Rubin Gary D @ bioAffinity Technologies, Inc. - 2023-01-01

FORM 4 Check this box if no longer subject to Section 16. Form 4 or Form 5 obligations may continue. See Instruction 1(b).

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934, Section 17(a) of the Public Utility Holding Company Act of 1935 or Section 30(h) of the Investment Company Act of 1940

OMB APPROVAL OMB Number: 3235-0287 Expires: November 30, 2011 Estimated average burden hours per response... 0.5

1. Name and Address of Reporting Person Rubin Gary D 2. Issuer Name and Ticker or Trading Symbol bioAffinity Technologies, Inc. [ BIAF] 5. Relationship of Reporting Person(s) to Issuer (Check all applicable) X __ Director X __ 10% Owner _____ Officer (give title below) _____ Other (specify below) (Last) (First) (Middle) C/O BIOAFFINITY TECHNOLOGIES, INC., 22211 WEST INTERSTATE 10, SUITE 1206 3. Date of Earliest Transaction (MM/DD/YY) 01/01/2023 (Street) SAN ANTONIO,, TX78257 4. If Amendment, Date Original Filed (MM/DD/YY) 6. Individual or Joint/Group Filing (Check Applicable Line) _____ Form filed by One Reporting Person __ X __ Form filed by More than One Reporting Person (City) (State) (Zip)

Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned 1.Title of Security (Instr. 3) 2. Transaction Date (MM/DD/YY) 2A. Deemed Execution Date, if any (MM/DD/YY) 3. Transaction Code (Instr. 8) 4. Securities Acquired (A) or Disposed of (D) (Instr. 3, 4 and 5) 5. Amount of Securities Beneficially Owned Following Reported Transaction(s) (Instr. 3 and 4) 6. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) 7. Nature of Indirect Beneficial Ownership (Instr. 4) Code V Amount (A) or (D) Price Common Stock 01/01/2023 A 8,227 ( 1 ) A $ 2.28 59,817 D Common Stock 04/15/2023 A 9,920 ( 2 ) A $ 1.89 69,737 D Common Stock 07/01/2023 A 10,245 ( 3 ) A $ 1.83 79,982 D Common Stock 1,584,144 I By Trust ( 4 )

Table II - Derivative Securities Acquired, Disposed of, or Beneficially Owned ( e.g. , puts, calls, warrants, options, convertible securities) 1. Title of Derivative Security (Instr. 3) 2. Conversion or Exercise Price of Derivative Security 3. Transaction Date (MM/DD/YY) 3A. Deemed Execution Date, if any (MM/DD/YY) 4. Transaction Code (Instr. 8) 5. Number of Derivative Securities Acquired (A) or Disposed of (D) (Instr. 3, 4, and 5) 6. Date Exercisable and Expiration Date (MM/DD/YY) 7. Title and Amount of Underlying Securities (Instr. 3 and 4) 8. Price of Derivative Security (Instr. 5) 9. Number of Derivative Securities Beneficially Owned Following R eported Transaction(s) (Instr. 4) 10. Ownership Form of Derivative Security: Direct (D) or Indirect (I) (Instr. 4) 11. Nature of Indirect Beneficial Ownership (Instr. 4) Code V (A) (D) Date Exercisable Expiration Date Title Amount or Number of Shares

Reporting Owners Reporting Owner Name / Address Relationships Director 10% Owner Officer Other Rubin Gary D C/O BIOAFFINITY TECHNOLOGIES, INC. 22211 WEST INTERSTATE 10, SUITE 1206 SAN ANTONIO,, TX78257 X X Harvey Sandler Revocable Trust C/O GARY RUBIN, CO-TRUSTEE 2080 NW BOCA RATON BLVD, SUITE 2 BOCA RATON,, FL33431 X Signatures /s/ Gary D. Rubin 07/05/2023 Signature of Reporting Person Date

Explanation of Responses:

( 1 )Represents a grant from bioAffinity Technologies, Inc. (the "Issuer") to Mr. Rubin of 8,227 restricted shares of common stock, par value $0.007 (the "Common Stock"), on January 1, 2023 under the Issuer's 2014 Equity Incentive Plan, which shares of restricted stock will vest ratably over three months of continued service beginning on the date of grant and which represents a restricted stock award valued at $18,750 granted by the Issuer to each of its directors each quarter during the calendar year. ( 2 )Represents a grant from the Issuer to Mr. Rubin of 9,920 restricted shares of Common Stock on April 15, 2023 under the Issuer's 2014 Equity Incentive Plan, which shares of restricted stock will vest one-third on the date of grant, one-third on May 1, 2023 and the remaining shares on June 1, 2023, provided Mr. Rubin continues to serve as a director, and which represents a restricted stock award valued at $18,750 granted by the Issuer to each of its directors each quarter during the calendar year. ( 3 )Represents a grant from the Issuer to Mr. Rubin of 10,245 restricted shares of Common Stock, on July 1, 2023 under the Issuer's 2014 Equity Incentive Plan, which shares of restricted stock will vest ratably over three months of continued service beginning on the date of grant and which represents a restricted stock award valued at $18,750 granted by the Issuer to each of its directors each quarter during the calendar year. ( 4 )Represents shares of Common Stock owned directly by the Harvey Sandler Revocable Trust (the "Trust"), a 10% owner of the Issuer, and indirectly by Mr. Rubin, as co-trustee of the Trust, which indirect ownership was previously reported on a Form 4 filed by Mr. Rubin and the Trust on October 21, 2022. Mr. Rubin disclaims beneficial ownership of the reported securities except to the extent of his pecuniary interest therein.

Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly.

* If the form is filed by more than one reporting person, see Instruction 4(b)(v).

** Intentional misstatements or omissions of facts constitute Federal Criminal Violations. See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a).

Note: File three copies of this Form, one of which must be manually signed. If space is insufficient, see Instruction 6 for procedure.
Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB Number.