Bill Text: NY A07646 | 2013-2014 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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) 2014-02-24 - print number 7646a [A07646 Detail]
Download: New_York-2013-A07646-Introduced.html
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) 2014-02-24 - print number 7646a [A07646 Detail]
Download: New_York-2013-A07646-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 7646 2013-2014 Regular Sessions I N A S S E M B L Y May 29, 2013 ___________ Introduced by M. of A. CRESPO -- read once and referred 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. LBD06801-01-3 A. 7646 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 S 2. The education law is amended by adding a new section 804-e to 5 read as follows: 6 S 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 S 3. The education law is amended by adding a new section 6505-d to 30 read as follows: 31 S 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 FIFTEEN AND EVERY REGISTRATION PERIOD 36 THEREAFTER, COMPLETE COURSE WORK OR TRAINING REGARDING CELIAC DISEASE 37 AWARENESS AND COMPETENCE IN THE PROVISION OF MEDICAL SERVICES IN ACCORD- 38 ANCE WITH REGULATED STANDARDS PROMULGATED BY THE DEPARTMENT, IN CONSUL- 39 TATION 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 S 4. The tax law is amended by adding a new section 629-a to read as 44 follows: 45 S 629-A. 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 FOURTEEN, 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-H 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 A. 7646 3 1 DISEASE AWARENESS AND RESEARCH FUND AND USED ONLY FOR THOSE PURPOSES 2 ENUMERATED IN SECTION NINETY-FIVE-H OF THE STATE FINANCE LAW. 3 S 5. The state finance law is amended by adding a new section 95-h to 4 read as follows: 5 S 95-H. 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 TWENTY-NINE-A OF THE TAX LAW, AND ALL 11 OTHER MONEYS APPROPRIATED, CREDITED, OR TRANSFERRED THERETO FROM ANY 12 OTHER FUND OR SOURCE PURSUANT TO LAW. NOTHING CONTAINED IN THIS SECTION 13 SHALL 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 S 6. This act shall take effect immediately.