S T A T E   O F   N E W   Y O R K
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                                  1139

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 5, 2011
                               ___________

Introduced  by  Sens. PARKER, PERKINS -- read twice and ordered printed,
  and when printed to be committed to the Committee on Education

AN ACT to amend the education law, in relation to  education  on  celiac
  disease;  and  to  amend  the  tax  law  and the state finance law, in
  relation to the celiac disease awareness and research fund

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  intent.  The  legislature  hereby  finds the
following:
  a. Celiac disease is a digestive disease that damages the small intes-
tine and interferes with absorption of nutrients from food.
  b. Celiac disease affects people in all parts of the world. Originally
thought to be a rare childhood syndrome, celiac disease is now known  to
be a common genetic disorder.
  c. More than two million people in the United States have the disease,
or about 1 in 133 people.
  d. People who have celiac disease cannot tolerate gluten, a protein in
wheat,  rye, and barley. Gluten is found mainly in foods but may also be
found in everyday products such as medicines, vitamins and lip balms.
  e. When people with celiac disease eat foods or use products  contain-
ing gluten, their immune system responds by damaging or destroying villi
the  tiny,  fingerlike  protrusions  lining  the  small intestine. Villi
normally allow nutrients from food to be absorbed through the  walls  of
the  small  intestine  into  the  bloodstream.  Without healthy villi, a
person becomes malnourished, no matter how much one eats.
  f. People with celiac disease may  have  no  symptoms  but  can  still
develop  complications of the disease over time. Long-term complications
include malnutrition which can lead to anemia, osteoporosis and  miscar-
riage,  among  other  problems such as liver diseases and cancers of the
intestine.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01799-01-1

              

S. 1139                             2

  g. For these reasons, and because this legislation will  have  signif-
icant savings to New York, the legislature finds it in the public inter-
est to raise awareness of this disease.
  S  2.  The  education  law is amended by adding a new section 804-e to
read as follows:
  S 804-E. EDUCATION REGARDING CELIAC DISEASE AWARENESS. 1.  ANY  SENIOR
HIGH  SCHOOL  IN  THE  STATE  MAY  PROVIDE, AS PART OF HEALTH EDUCATION,
INSTRUCTION DESIGNED TO PROMOTE CELIAC DISEASE AWARENESS.
  2. INSTRUCTION REGARDING CELIAC AWARENESS MAY  BE  PART  OF  A  HEALTH
EDUCATION COURSE IN THE SECONDARY SCHOOLS CURRICULUM.
  3.  STUDENTS  MAY  BE REQUIRED TO DEMONSTRATE KNOWLEDGE IN THE SUBJECT
THROUGH THE USE OF A TEST, GRADED PROJECT OR REPORT, OR ANY OTHER  MEANS
PRESCRIBED BY THE SCHOOL AUTHORITIES REGARDING CELIAC DISEASE.
  4.  ANY  SUCH COURSE SHALL BE TAUGHT BY TEACHERS HOLDING A CERTIFICATE
TO TEACH HEALTH. RELATED COURSES  IN  THE  SECONDARY  SCHOOL  CURRICULUM
SHALL  BE  TAUGHT  IN  A MANNER SUPPORTIVE OF HEALTH EDUCATION REGARDING
CELIAC DISEASE AWARENESS.
  5. THE COMMISSIONER MAY PRESCRIBE RULES AND REGULATIONS REGARDING SUCH
HEALTH EDUCATION COURSES  WHICH  INCLUDE  INSTRUCTION  REGARDING  CELIAC
DISEASE  AWARENESS  AS THE COMMISSIONER MAY DEEM NECESSARY AND DESIRABLE
FOR THE WELFARE OF PUPILS AND THE COMMUNITY. THE CONTENTS MAY BE  VARIED
TO  MEET THE NEEDS OF A PARTICULAR SCHOOL DISTRICT, OR PORTIONS THEREOF,
AND NEED NOT BE UNIFORM THROUGHOUT THE STATE,  PROVIDED,  HOWEVER,  THAT
ANY SCHOOL DISTRICT IN THE STATE PROVIDING INSTRUCTION ON CELIAC DISEASE
AWARENESS  SHALL  UTILIZE  EITHER  THE  CURRICULUM  FOR HEALTH EDUCATION
INSTRUCTION CELIAC DISEASE AWARENESS PRESCRIBED BY THE COMMISSIONER OR A
COURSE APPROVED BY THE COMMISSIONER IN ACCORDANCE WITH  CRITERIA  ESTAB-
LISHED BY THE COMMISSIONER.
  S  3.  The  education law is amended by adding a new section 6505-d to
read as follows:
  S 6505-D. COURSE WORK OR TRAINING  IN  CELIAC  DISEASE  AWARENESS.  1.
EVERY   PHYSICIAN,   PHYSICIAN  ASSISTANT,  DENTIST,  REGISTERED  NURSE,
LICENSED PRACTICAL NURSE, AND NURSE PRACTITIONER PRACTICING IN THE STATE
WHO PROVIDES DIRECT MEDICAL SERVICES TO PATIENTS IN THIS STATE SHALL, ON
OR BEFORE JULY FIRST, TWO THOUSAND THIRTEEN AND EVERY REGISTRATION PERI-
OD THEREAFTER, COMPLETE COURSE WORK OR TRAINING REGARDING CELIAC DISEASE
AWARENESS AND COMPETENCE IN THE PROVISION OF MEDICAL SERVICES IN ACCORD-
ANCE WITH REGULATED STANDARDS PROMULGATED BY THE DEPARTMENT, IN  CONSUL-
TATION WITH THE DEPARTMENT OF HEALTH.
  2.  SUCH CELIAC AWARENESS AND COMPETENCE COURSE WORK OR TRAINING SHALL
REQUIRE TWO HOURS OF COURSE WORK  OR  TRAINING  IN  ENCOMPASSING  CELIAC
DISEASE HEALTHCARE.
  S  4.  The tax law is amended by adding a new section 629-a to read as
follows:
  S 629-A. GIFT FOR THE CELIAC DISEASE AWARENESS AND RESEARCH FUND.  (A)
EFFECTIVE  FOR  ANY  TAX  YEAR COMMENCING ON OR AFTER JANUARY FIRST, TWO
THOUSAND TWELVE, AN INDIVIDUAL IN ANY TAXABLE YEAR MAY ELECT TO CONTRIB-
UTE TO THE NEW YORK STATE CELIAC DISEASE  AWARENESS  AND  RESEARCH  FUND
ESTABLISHED PURSUANT TO SECTION NINETY-FIVE-H OF THE STATE FINANCE LAW.
  (B) THE CONTRIBUTION SHALL BE IN ANY WHOLE DOLLAR AMOUNT AND SHALL NOT
REDUCE THE AMOUNT OF STATE TAX OWED BY SUCH INDIVIDUAL. THE COMMISSIONER
SHALL  INCLUDE  SPACE  ON  THE  PERSONAL  INCOME  TAX RETURN TO ENABLE A
TAXPAYER TO MAKE SUCH CONTRIBUTION.
  (C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ALL REVENUE  COLLECTED
PURSUANT  TO THIS SECTION SHALL BE CREDITED TO THE NEW YORK STATE CELIAC

S. 1139                             3

DISEASE AWARENESS AND RESEARCH FUND AND USED  ONLY  FOR  THOSE  PURPOSES
ENUMERATED IN SECTION NINETY-FIVE-H OF THE STATE FINANCE LAW.
  S  5. The state finance law is amended by adding a new section 95-h to
read as follows:
  S 95-H. THE NEW YORK STATE CELIAC DISEASE AWARENESS AND RESEARCH FUND.
1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE  COMMISSIONER
OF  TAXATION AND FINANCE AND THE COMPTROLLER, A SPECIAL FUND TO BE KNOWN
AS THE NEW YORK STATE CELIAC DISEASE AWARENESS AND RESEARCH FUND.
  2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED  PURSUANT  TO  THE
PROVISIONS  OF SECTION SIX HUNDRED TWENTY-NINE-A OF THE TAX LAW, AND ALL
OTHER MONEYS APPROPRIATED, CREDITED, OR  TRANSFERRED  THERETO  FROM  ANY
OTHER  FUND OR SOURCE PURSUANT TO LAW. NOTHING CONTAINED IN THIS SECTION
SHALL PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE
PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING THEM INTO
THE FUND ACCORDING TO LAW.
  3. (A) MONIES OF THE FUND SHALL BE EXPENDED ONLY  FOR  CELIAC  DISEASE
AWARENESS  PROJECTS  OR CELIAC DISEASE RESEARCH PROJECTS APPROVED BY THE
DEPARTMENT OF HEALTH IN NEW YORK STATE PROVIDED, HOWEVER, THAT  NO  MORE
THAN  TEN  PERCENT  OF  MONIES  FROM  SUCH FUND SHALL BE EXPENDED ON THE
AGGREGATE NUMBER OF CELIAC  DISEASE  RESEARCH  PROJECTS  APPROVED  IN  A
FISCAL YEAR.
  (B)  AS  USED  IN  THIS  SECTION,  THE  TERM  "CELIAC DISEASE RESEARCH
PROJECT" MEANS SCIENTIFIC RESEARCH APPROVED BY THE DEPARTMENT OF  HEALTH
INTO THE CAUSES AND/OR TREATMENT OF CELIAC DISEASE, AND THE TERM "CELIAC
DISEASE AWARENESS PROJECT" MEANS A PROJECT APPROVED BY THE DEPARTMENT OF
HEALTH AIMED TOWARD EDUCATING THE GENERAL PUBLIC ABOUT THE CAUSES, SYMP-
TOMS, AND TREATMENTS OF CELIAC DISEASE.
  4.  MONIES  SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY  THE  COMMISSIONER
OF HEALTH.
  5.  TO THE EXTENT PRACTICABLE, THE COMMISSIONER OF HEALTH SHALL ENSURE
THAT ALL MONIES RECEIVED DURING A FISCAL YEAR ARE EXPENDED PRIOR TO  THE
END OF THAT FISCAL YEAR.
  S 6. This act shall take effect immediately.