assembly Bill A6262

2017-2018 Legislative Session

Requires certain non-licensed professionals to disclose information regarding risks

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to consumer affairs and protection
Mar 01, 2017 referred to consumer affairs and protection

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A6262 (ACTIVE) - Details

See Senate Version of this Bill:
S6018
Law Section:
General Business Law
Laws Affected:
Add §391-u, Gen Bus L; add §109-a, Exec L
Versions Introduced in Other Legislative Sessions:
2019-2020: A7453, S4846
2021-2022: A5658, S1643

A6262 (ACTIVE) - Summary

Requires self-help practitioners to disclose information to clients regarding risks, to produce a risk management plan, and to create a registry within the department of state.

A6262 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6262

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                              March 1, 2017
                               ___________

Introduced  by M. of A. SKOUFIS -- read once and referred to the Commit-
  tee on Consumer Affairs and Protection

AN ACT to amend the general business  law  and  the  executive  law,  in
  relation  to  requiring certain non-licensed professionals to disclose
  information regarding risks

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
391-u to read as follows:
  § 391-U. SELF-HELP PRACTITIONERS; REQUIREMENTS. 1. DEFINITIONS:
  (A) "SELF-HELP PRACTITIONER" MEANS A NON-LICENSED PROFESSIONAL, HIS OR
HER  AGENT  OR  EMPLOYEE, OR A NON-LICENSED COMPANY WHO IS OFFERING PAID
HELP TO A CLIENT THROUGH FINANCIAL, SPIRITUAL  OR  EDUCATIONAL  GUIDANCE
FOR THE SAKE OF IMPROVING PERSONAL AWARENESS, IDENTIFYING AND DEVELOPING
PERSONAL TALENT AND POTENTIAL, ENHANCING THE QUALITY OF LIFE OF A PERSON
AND/OR CONTRIBUTING TO THE REALIZATION OF PERSONAL ASPIRATIONS.
  (B)  "LARGE  PRINT  FORMAT"  SHALL MEAN A PRINTED FONT SIZE OF SIXTEEN
POINTS OR LARGER.
  (C) "LICENSED PROFESSIONAL" MEANS A PROFESSIONAL WHO CAN DEAL WITH ANY
RISK ASSOCIATED  WITH  EXERCISES  RELATED  TO  A  SELF-HELP  SERVICE  OR
SESSION.
  2. EVERY SELF-HELP PRACTITIONER THAT OFFERS SERVICES TO CLIENTS SHALL:
(A)  AT  THE  TIME  OF  EACH  INITIAL CONTRACT FOR SERVICES, PROVIDE THE
CLIENT WITH A COPY OF THE CONTRACT IN WHICH  A  DISCLOSURE  OF  RISK  IS
DISPLAYED  IN  LARGE PRINT FORMAT. SUCH DISCLOSURE OF RISK SHALL CLEARLY
EXPLAIN, IN PLAIN LANGUAGE, THAT WHAT THE RISKS ARE IN CONTRACTING  WITH
SUCH SELF-HELP PRACTITIONER; AND
  (B)  PRODUCE A COMPREHENSIVE RISK MANAGEMENT PLAN TO ENSURE THAT STEPS
WILL BE TAKEN AT EACH SERVICE  OR  SESSION  TO  PROVIDE  PROTECTION  FOR
CLIENTS  IN  THE  EVENT  THAT  THERE  IS A POTENTIAL RISK OF PHYSICAL OR
EMOTIONAL HARM. EVERY SELF-HELP PRACTITIONER SHALL  BE  RESPONSIBLE  FOR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.