Bill Text: NY S03794 | 2019-2020 | General Assembly | Introduced

---

Bill Title: Establishes the New York state celiac disease awareness and research fund; provides for education on celiac disease awareness.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO EDUCATION [S03794 Detail]

Download: New_York-2019-S03794-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          3794
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 14, 2019
                                       ___________
        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:
     1    Section  1.  Legislative  intent.  The  legislature  hereby  finds the
     2  following:
     3    a. Celiac disease is a digestive disease that damages the small intes-
     4  tine and interferes with absorption of nutrients from food.
     5    b. Celiac disease affects people in all parts of the world. Originally
     6  thought to be a rare childhood syndrome, celiac disease is now known  to
     7  be a common genetic disorder.
     8    c. More than two million people in the United States have the disease,
     9  or about 1 in 133 people.
    10    d. People who have celiac disease cannot tolerate gluten, a protein in
    11  wheat,  rye, and barley. Gluten is found mainly in foods but may also be
    12  found in everyday products such as medicines, vitamins and lip balms.
    13    e. When people with celiac disease eat foods or use products  contain-
    14  ing  gluten,  their  immune  system  responds  by damaging or destroying
    15  villi, the tiny, fingerlike  protrusions  lining  the  small  intestine.
    16  Villi  normally  allow  nutrients  from  food to be absorbed through the
    17  walls of the small  intestine  into  the  bloodstream.  Without  healthy
    18  villi, a person becomes malnourished, no matter how much one eats.
    19    f.  People  with  celiac  disease  may  have no symptoms but can still
    20  develop complications of the disease over time. Long-term  complications
    21  include  malnutrition which can lead to anemia, osteoporosis and miscar-
    22  riage, among other problems such as liver diseases and  cancers  of  the
    23  intestine.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08538-01-9
        S. 3794                             2
     1    g.  For  these reasons, and because this legislation will have signif-
     2  icant savings to New York, the legislature finds it in the public inter-
     3  est to raise awareness of this disease.
     4    §  2.  The  education  law is amended by adding a new section 804-e to
     5  read as follows:
     6    § 804-e. Education regarding celiac disease awareness. 1.  Any  senior
     7  high  school  in  the  state  may  provide, as part of health education,
     8  instruction designed to promote celiac disease awareness.
     9    2. Instruction regarding celiac awareness may  be  part  of  a  health
    10  education course in the secondary schools curriculum.
    11    3.  Students  may  be required to demonstrate knowledge in the subject
    12  through the use of a test, graded project or report, or any other  means
    13  prescribed by the school authorities regarding celiac disease.
    14    4.  Any  such course shall be taught by teachers holding a certificate
    15  to teach health. Related courses  in  the  secondary  school  curriculum
    16  shall  be  taught  in  a manner supportive of health education regarding
    17  celiac disease awareness.
    18    5. The commissioner may prescribe rules and regulations regarding such
    19  health education courses  which  include  instruction  regarding  celiac
    20  disease  awareness  as the commissioner may deem necessary and desirable
    21  for the welfare of pupils and the community. The contents may be  varied
    22  to  meet the needs of a particular school district, or portions thereof,
    23  and need not be uniform throughout the state,  provided,  however,  that
    24  any school district in the state providing instruction on celiac disease
    25  awareness  shall  utilize  either  the  curriculum  for health education
    26  instruction celiac disease awareness prescribed by the commissioner or a
    27  course approved by the commissioner in accordance with  criteria  estab-
    28  lished by the commissioner.
    29    §  3.  The  education law is amended by adding a new section 6505-d to
    30  read as follows:
    31    § 6505-d. Course work or training  in  celiac  disease  awareness.  1.
    32  Every   physician,   physician  assistant,  dentist,  registered  nurse,
    33  licensed practical nurse, and nurse practitioner practicing in the state
    34  who provides direct medical services to patients in this state shall, on
    35  or before July first, two thousand  twenty-two  and  every  registration
    36  period  thereafter,  complete  course  work or training regarding celiac
    37  disease awareness and competence in the provision of medical services in
    38  accordance with regulated standards promulgated by  the  department,  in
    39  consultation with the department of health.
    40    2.  Such celiac awareness and competence course work or training shall
    41  require two hours of course work  or  training  in  encompassing  celiac
    42  disease healthcare.
    43    §  4.  The tax law is amended by adding a new section 630-g to read as
    44  follows:
    45    § 630-g. Gift for the celiac disease awareness and research fund.  (a)
    46  Effective  for  any  tax  year commencing on or after January first, two
    47  thousand twenty-one, an individual in any  taxable  year  may  elect  to
    48  contribute  to  the New York state celiac disease awareness and research
    49  fund established pursuant to section ninety-five-j of the state  finance
    50  law.
    51    (b) The contribution shall be in any whole dollar amount and shall not
    52  reduce the amount of state tax owed by such individual. The commissioner
    53  shall  include  space  on  the  personal  income  tax return to enable a
    54  taxpayer to make such contribution.
    55    (c) Notwithstanding any other provision of law, all revenue  collected
    56  pursuant  to this section shall be credited to the New York state celiac
        S. 3794                             3
     1  disease awareness and research fund and used  only  for  those  purposes
     2  enumerated in section ninety-five-j of the state finance law.
     3    §  5. The state finance law is amended by adding a new section 95-j to
     4  read as follows:
     5    § 95-j. The New York state celiac disease awareness and research fund.
     6  1. There is hereby established in the joint custody of the  commissioner
     7  of  taxation and finance and the comptroller, a special fund to be known
     8  as the New York state celiac disease awareness and research fund.
     9    2. Such fund shall consist of all revenues received  pursuant  to  the
    10  provisions of section six hundred thirty-g of the tax law, and all other
    11  moneys  appropriated,  credited,  or  transferred thereto from any other
    12  fund or source pursuant to law. Nothing contained in this section  shall
    13  prevent  the  state  from  receiving  grants,  gifts or bequests for the
    14  purposes of the fund as defined in this section and depositing them into
    15  the fund according to law.
    16    3. (a) Monies of the fund shall be expended only  for  celiac  disease
    17  awareness  projects  or celiac disease research projects approved by the
    18  department of health in New York state provided, however, that  no  more
    19  than  ten  percent  of  monies  from  such fund shall be expended on the
    20  aggregate number of celiac  disease  research  projects  approved  in  a
    21  fiscal year.
    22    (b)  As  used  in  this  section,  the  term  "celiac disease research
    23  project" means scientific research approved by the department of  health
    24  into the causes and/or treatment of celiac disease, and the term "celiac
    25  disease awareness project" means a project approved by the department of
    26  health aimed toward educating the general public about the causes, symp-
    27  toms, and treatments of celiac disease.
    28    4.  Monies  shall be payable from the fund on the audit and warrant of
    29  the comptroller on vouchers approved and certified by  the  commissioner
    30  of health.
    31    5.  To the extent practicable, the commissioner of health shall ensure
    32  that all monies received during a fiscal year are expended prior to  the
    33  end of that fiscal year.
    34    § 6. This act shall take effect immediately.