S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2350
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2017
                                ___________
 
 Introduced  by  Sens.  PARKER,  AVELLA,  DILAN -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Educa-
   tion
 
 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.
              

                                                            LBD07320-01-7

 S. 2350                             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.
   §  2.  The  education  law is amended by adding a new section 804-e to
 read as follows:
   § 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.
   §  3.  The  education law is amended by adding a new section 6505-d to
 read as follows:
   § 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 TWENTY AND EVERY REGISTRATION  PERIOD
 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.
   §  4.  The tax law is amended by adding a new section 630-e to read as
 follows:
   § 630-E. GIFT FOR THE CELIAC DISEASE AWARENESS AND RESEARCH FUND.  (A)
 EFFECTIVE  FOR  ANY  TAX  YEAR COMMENCING ON OR AFTER JANUARY FIRST, TWO
 THOUSAND NINETEEN, AN INDIVIDUAL  IN  ANY  TAXABLE  YEAR  MAY  ELECT  TO
 CONTRIBUTE  TO  THE NEW YORK STATE CELIAC DISEASE AWARENESS AND RESEARCH
 FUND ESTABLISHED PURSUANT TO SECTION NINETY-FIVE-I 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. 2350                             3
 
 DISEASE AWARENESS AND RESEARCH FUND AND USED  ONLY  FOR  THOSE  PURPOSES
 ENUMERATED IN SECTION NINETY-FIVE-I OF THE STATE FINANCE LAW.
   §  5. The state finance law is amended by adding a new section 95-i to
 read as follows:
   § 95-I. 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 THIRTY-E 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.
   § 6. This act shall take effect immediately.