S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5772
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 15, 2023
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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.
                                                            LBD06001-01-3
 S. 5772                             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 DISEASE 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 ON CELIAC DISEASE AWARENESS PRESCRIBED BY  THE  COMMISSIONER
 OR  A  COURSE  APPROVED  BY THE COMMISSIONER IN ACCORDANCE WITH CRITERIA
 ESTABLISHED BY THE COMMISSIONER.
   § 3. The education law is amended by adding a new  section  6505-e  to
 read as follows:
   §  6505-E.  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-SIX AND EVERY REGISTRATION
 PERIOD THEREAFTER, COMPLETE COURSE WORK  OR  TRAINING  REGARDING  CELIAC
 DISEASE AWARENESS AND COMPETENCE IN THE PROVISION OF MEDICAL SERVICES IN
 ACCORDANCE  WITH  REGULATED  STANDARDS PROMULGATED BY THE DEPARTMENT, IN
 CONSULTATION WITH THE DEPARTMENT OF HEALTH.
   2. SUCH CELIAC DISEASE AWARENESS AND COMPETENCE COURSE WORK OR  TRAIN-
 ING  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-l to  read  as
 follows:
   §  630-L. GIFT FOR THE CELIAC DISEASE AWARENESS AND RESEARCH FUND. (A)
 EFFECTIVE FOR ANY TAX YEAR COMMENCING ON OR  AFTER  JANUARY  FIRST,  TWO
 THOUSAND  TWENTY-FIVE,  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-L 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. 5772                             3
 
 DISEASE  AWARENESS  AND  RESEARCH  FUND AND USED ONLY FOR THOSE PURPOSES
 ENUMERATED IN SECTION NINETY-FIVE-L OF THE STATE FINANCE LAW.
   §  5. The state finance law is amended by adding a new section 95-l to
 read as follows:
   § 95-L. 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-L 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.