Senate Bill S6018

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6018
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 10, 2017
                                ___________
 
 Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer 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.
              

                                                            LBD10033-01-7

 S. 6018                             2
 
 ENSURING  THAT  LICENSED  PROFESSIONALS,  INCLUDING  BUT NOT LIMITED TO,
 MEDICAL PROFESSIONALS, SOCIAL WORKERS AND PSYCHOLOGISTS, ARE MADE AVAIL-
 ABLE TO CLIENTS AT EACH SESSION OR SERVICE WHEN THERE IS  A  POSSIBILITY
 OF PHYSICAL OR EMOTIONAL RISK.
   3.  A  VIOLATION  BY  ANY SELF-HELP PRACTITIONER OF SUBDIVISION TWO OF
 THIS SECTION, IF SUCH VIOLATION CONSTITUTES THE FIRST  SUCH  OFFENSE  BY
 SUCH  SELF-HELP  PRACTITIONER,  IS  PUNISHABLE BY A CIVIL PENALTY NOT TO
 EXCEED TWO HUNDRED FIFTY DOLLARS.  A  SECOND  OFFENSE  AND  ANY  OFFENSE
 COMMITTED THEREAFTER IS PUNISHABLE BY A CIVIL PENALTY NOT TO EXCEED FIVE
 HUNDRED DOLLARS.
   §  2.  The  executive  law is amended by adding a new section 109-a to
 read as follows:
   § 109-A. REGISTRATION OF SELF-HELP PRACTITIONERS. 1. FOR  PURPOSES  OF
 THIS SECTION, "SELF-HELP PRACTITIONER" SHALL MEAN A NON-LICENSED PROFES-
 SIONAL,  HIS  OR HER AGENT OR EMPLOYEE, OR A NON-LICENSED COMPANY WHO IS
 OFFERING PAID HELP TO A CLIENT THROUGH FINANCIAL,  SPIRITUAL  OR  EDUCA-
 TIONAL  GUIDANCE FOR THE SAKE OF IMPROVING PERSONAL AWARENESS, IDENTIFY-
 ING AND DEVELOPING PERSONAL TALENT AND POTENTIAL, ENHANCING THE  QUALITY
 OF  LIFE  OF A PERSON AND/OR CONTRIBUTING TO THE REALIZATION OF PERSONAL
 ASPIRATIONS.
   2. THE SECRETARY OF  STATE  SHALL  PROMULGATE  RULES  AND  REGULATIONS
 PRESCRIBING A REGISTRATION FORM TO BE USED BY ANY SELF-HELP PRACTITIONER
 WHO PROVIDES SELF-HELP SERVICES TO CLIENTS.
   3. SUCH REGISTRATION FORM SHALL IDENTIFY:
   (A)  THE  NAME, ADDRESS, AND TELEPHONE NUMBER OF THE SELF-HELP PRACTI-
 TIONER; AND
   (B) A BRIEF DESCRIPTION  OF  THE  NATURE  OF  THE  SELF-HELP  SERVICES
 PROVIDED TO EACH IDENTIFIED CLIENT.
   4.  SUCH  REGISTRATION SHALL BE FILED WITH THE DEPARTMENT OF STATE AND
 SHALL COVER A TWELVE MONTH REPORTING PERIOD.
   5. THE SECRETARY OF STATE  SHALL  POST  THE  COMPLETED  FORMS  ON  THE
 DEPARTMENT  OF  STATE'S  WEBSITE WITHIN THIRTY DAYS OF THE CLOSE OF EACH
 REPORTING PERIOD.
   6. THE DEPARTMENT OF STATE MAY IMPOSE A CIVIL PENALTY OF UP  TO  SEVEN
 HUNDRED  FIFTY DOLLARS UPON ANY SELF-HELP PRACTITIONER WHO FAILS TO FILE
 A REGISTRATION REQUIRED BY THIS  SECTION  PROVIDED,  HOWEVER,  THAT  THE
 SECRETARY  OF  STATE SHALL PROVIDE SUCH SELF-HELP PRACTITIONER A REASON-
 ABLE OPPORTUNITY TO CURE SUCH A FAILURE.
   7. THE DEPARTMENT OF STATE SHALL ADOPT, AMEND AND  RESCIND  RULES  AND
 REGULATIONS  DEFINING THE DEGREE AND EXTENT OF SELF-HELP SERVICES NECES-
 SARY TO REQUIRE THE REPORTING PURSUANT TO THIS SECTION.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.