assembly Bill A7453A

2019-2020 Legislative Session

Requires certain non-licensed professionals to disclose information regarding risks

download bill text pdf

Sponsored By

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 (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 10, 2020 print number 7453a
Jul 10, 2020 amend and recommit to consumer affairs and protection
Jan 08, 2020 referred to consumer affairs and protection
May 03, 2019 referred to consumer affairs and protection

Multi-Sponsors

A7453 - Details

See Senate Version of this Bill:
S4846
Law Section:
General Business Law
Laws Affected:
Add §391-v, Gen Bus L; add §109-a, Exec L
Versions Introduced in Other Legislative Sessions:
2017-2018: A6262, S6018
2021-2022: A5658, S1643

A7453 - 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.

A7453 - Bill Text download pdf


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

                                  7453

                       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

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

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

Multi-Sponsors

A7453A (ACTIVE) - Details

See Senate Version of this Bill:
S4846
Law Section:
General Business Law
Laws Affected:
Add §391-v, Gen Bus L; add §109-a, Exec L
Versions Introduced in Other Legislative Sessions:
2017-2018: A6262, S6018
2021-2022: A5658, S1643

A7453A (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.

A7453A (ACTIVE) - Bill Text download pdf


                    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;