S T A T E O F N E W Y O R K
2009-2010 Regular Sessions
I N S E N A T E
June 3, 2009
Introduced by Sens. PARKER, PERKINS -- read twice and ordered printed,
and when printed to be committed to the Committee on Education --
recommitted to the Committee on Education in accordance with Senate
Rule 6, sec. 8 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
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
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-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 5751--A 2
riage, among other problems such as liver diseases and cancers of the
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 ELEVEN 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
S 4. The tax law is amended by adding a new section 629-a to read as
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 TEN, AN INDIVIDUAL IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE
TO THE NEW YORK STATE CELIAC DISEASE AWARENESS AND RESEARCH FUND ESTAB-
LISHED 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.
S. 5751--A 3
(C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ALL REVENUE COLLECTED
PURSUANT TO THIS SECTION SHALL BE CREDITED TO THE NEW YORK STATE CELIAC
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
(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
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.