S T A T E O F N E W Y O R K
________________________________________________________________________
7453--A
2019-2020 Regular Sessions
I N A S S E M B L Y
May 3, 2019
___________
Introduced by M. of A. GALEF -- Multi-Sponsored by -- M. of A. COOK,
HYNDMAN, WRIGHT -- read once and referred to the Committee on Consumer
Affairs and Protection -- recommitted to the Committee on Consumer
Affairs and Protection in accordance with Assembly Rule 3, sec. 2 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
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-v to read as follows:
§ 391-V. SELF-HELP PRACTITIONER DISCLOSURE REQUIREMENTS. 1. DEFI-
NITIONS:
(A) "SELF-HELP PRACTITIONER" MEANS ANY INDIVIDUAL, HIS OR HER AGENT OR
EMPLOYEE, OR COMPANY THAT IS PUBLICLY HOLDING HIMSELF OR HERSELF OUT AS
A "SELF-HELP GURU" OR OTHER SIMILAR TERM IN ADVERTISING OR MARKETING AND
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. A "SELF-HELP PRACTITIONER" SHALL NOT INCLUDE ANY INDIVID-
UAL LICENSED PURSUANT TO THE PROVISIONS OF TITLE EIGHT OF THE EDUCATION
LAW AND SUCH LICENSED INDIVIDUALS SHALL BE EXEMPT FROM ANY REQUIREMENTS
OF THIS ARTICLE.
(B) "LARGE PRINT FORMAT" SHALL MEAN A PRINTED FONT SIZE OF SIXTEEN
POINTS OR LARGER.
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;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06213-05-0
A. 7453--A 2
(B) AT THE TIME OF EACH INITIAL CONTRACT FOR SERVICES, PROVIDE THE
CLIENT WITH A COPY OF ANY CREDENTIALS, TRAINING, OR CERTIFICATIONS HELD
BY THE SELF-HELP PRACTITIONER; AND
(C) 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
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 ANY INDIVIDUAL, HIS OR
HER AGENT OR EMPLOYEE, OR COMPANY THAT IS PUBLICLY HOLDING HIMSELF OR
HERSELF OUT AS A "SELF-HELP GURU" OR OTHER SIMILAR TERM IN ADVERTISING
OR MARKETING AND WHO IS OFFERING PAID HELP TO A CLIENT THROUGH FINAN-
CIAL, 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. A "SELF-HELP PRACTITIONER"
SHALL NOT INCLUDE ANY INDIVIDUAL LICENSED PURSUANT TO THE PROVISIONS OF
TITLE EIGHT OF THE EDUCATION LAW; SUCH LICENSED INDIVIDUALS SHALL BE
EXEMPT FROM ANY REQUIREMENTS OF THIS ARTICLE.
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.