Senate Bill S6018

2017-2018 Legislative Session

Requires certain non-licensed professionals to disclose information regarding risks

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-S6018 (ACTIVE) - Details

See Assembly Version of this Bill:
A6262
Current Committee:
Senate Consumer Protection
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: S4846, A7453
2021-2022: S1643, A5658
2023-2024: S1155, A4166

2017-S6018 (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.

2017-S6018 (ACTIVE) - Sponsor Memo

2017-S6018 (ACTIVE) - Bill Text download pdf

                            
 
                     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.
              

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