NY State Senate Bill 2019-S4846B

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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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 22, 2020	print number 4846b
Jul 22, 2020	amend and recommit to consumer protection
Jan 23, 2020	print number 4846a
Jan 23, 2020	referred to consumer protection
Jan 08, 2020	referred to consumer protection
Mar 27, 2019	referred to consumer protection

Bill Amendments

Original

B (Active)

co-Sponsors

2019-S4846 - Details

See Assembly Version of this Bill:: A7453
Current Committee:: Senate Consumer Protection
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: S6018, A6262
2021-2022: S1643, A5658
2023-2024: S1155, A4166
2025-2026: S7727, A8791

2019-S4846 - 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.

2019-S4846 - Sponsor Memo

                                
 
BILL NUMBER: S4846

SPONSOR: SKOUFIS
 
TITLE OF BILL:  An act to amend the general business law and the exec-
utive law, in relation to requiring certain non-licensed professionals
to disclose information regarding risks

 
PURPOSE:

This bill will establish guidelines and registry for the self-help
industry to improve consumer safety.

 
SUMMARY OF PROVISIONS:

Section 1: Defines "self-help practitioner" and establishes guidelines
including a risk management plan and duties of disclosure of risk.
Includes civil penalties for self-help practitioners operating in New
York State.

Section 2: Creates a registry for self-help practitioners that will be
maintained by the Department of State.

Section 3: Effective date.

 
JUSTIFICATION:

Some self-help practitioners exploit their customers and even put
customers in danger, using psychological techniques they are not certi-
fied in and employing therapeutic treatments they are not trained in. In
addition, putting physical pressure and stress on individuals without
medical professionals available to deal with possible injuries can lead
to otherwise preventable bodily harm and, in some cases, even death.
There are currently no laws that require a risk management plan at phys-
ically challenging events.

Unlicensed self-help practitioners can cause serious financial,
emotional, and physical harm to individuals without any revocation of a
professional license upon convictions, wherein they can continue prac-
ticing dangerous unlicensed self-help.

 
LEGISLATIVE HISTORY:

2018: A6262/S6018 - Referred to consumer affairs and protection/consumer
protection
2017: A6262/S6018- Referred to consumer affairs and protection/consumer
protection

 
FISCAL IMPLICATIONS:

Minimal.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2019-S4846 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4846
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 27, 2019
                                ___________
 
 Introduced  by Sens. SKOUFIS, METZGER -- 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06213-01-9

 S. 4846                             2
 
 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 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.

co-Sponsors

2019-S4846A - Details

See Assembly Version of this Bill:: A7453
Current Committee:: Senate Consumer Protection
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: S6018, A6262
2021-2022: S1643, A5658
2023-2024: S1155, A4166
2025-2026: S7727, A8791

2019-S4846A - 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.

2019-S4846A - Sponsor Memo

                                
 
BILL NUMBER: S4846A

SPONSOR: SKOUFIS
 
TITLE OF BILL:

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

 
PURPOSE:

This bill will establish guidelines and registry for the self-help
industry to improve consumer safety.

 
SUMMARY OF PROVISIONS:

Section 1: Adds a new section 391-u to the General Business Law that
defines "self-help practitioner" and establishes guidelines requiring
that self-help practitioners provide clients with a contract that
includes a disclosure of risk clearly displayed in large-print format.
The contract must also include copies of any credentials, training, or

certifications held by the self-help practitioner.  Self-help practi-
tioners must also produce a comprehensive risk management plan to ensure
that steps will be taken to protect clients in the event that there is a
potential risk of physical or emotional harm.  Establishes fines for
violating this subsection.

Section 2: Adds a new section 109-a to the Executive Law that creates a
registry for self-help practitioners that will be maintained by the
Department of State. Requires the Secretary of State to promulgate rules
and regulations prescribing a registration form to be used by any self-
help practitioner and specifies several items that must be included on
the registration form.

Section 3: Effective date.

 
JUSTIFICATION:

Some self-help practitioners exploit their customers and even put
customers in danger, using psychological techniques they are not certi-
fied in and employing therapeutic treatments they are not trained in. In
addition, putting physical pressure and stress on individuals without
medical professionals available to deal with possible injuries can lead
to otherwise preventable bodily harm and, in some cases, even death.

There are currently no laws that require a risk management plan at phys-
ically challenging events.  Unlicensed self-help practitioners can cause
serious financial, emotional, and physical harm to individuals. Requir-
ing a full disclosure of the potential risks in any activity to clients,
and requiring self-help practitioners to register with New York State
will better protect the public.

 
LEGISLATIVE HISTORY:

2018: A6262/S6018 - Referred to consumer affairs and protection/consumer
protection
2017: A6262/56018- Referred to consumer affairs and protection/consumer
protection

 
FISCAL IMPLICATIONS:

Minimal.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2019-S4846A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4846--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 27, 2019
                                ___________
 
 Introduced  by Sens. SKOUFIS, METZGER -- read twice and ordered printed,
   and when  printed  to  be  committed  to  the  Committee  on  Consumer
   Protection  --  recommitted to the Committee on Consumer Protection in
   accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 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  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.
                                                            LBD06213-02-0

 S. 4846--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 8 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.

co-Sponsors

2019-S4846B (ACTIVE) - Details

See Assembly Version of this Bill:: A7453
Current Committee:: Senate Consumer Protection
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: S6018, A6262
2021-2022: S1643, A5658
2023-2024: S1155, A4166
2025-2026: S7727, A8791

2019-S4846B (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.

2019-S4846B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4846b

SPONSOR: SKOUFIS
 
TITLE OF BILL:

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

 
PURPOSE:

This bill will establish guidelines and registry for the self-help
industry to improve consumer safety.

 
SUMMARY OF PROVISIONS:

Section 1: Adds a new section 391-u to the General Business Law that
defines "self-help practitioner" and establishes guidelines requiring
that self-help practitioners provide clients with a contract that
includes a disclosure of risk clearly displayed in large-print format.
The contract must also include copies of any credentials, training, or

certifications held by the self-help practitioner.  Self-help practi-
tioners must also produce a comprehensive risk management plan to ensure
that steps will be taken to protect clients in the event that there is a
potential risk of physical or emotional harm. Establishes fines for
violating this subsection.

Section 2: Adds a new section 109-a to the Executive Law that creates a
registry for self-help practitioners that will be maintained by the
Department of State. Requires the Secretary of State to promulgate rules
and regulations prescribing a registration form to be used by any self-
help practitioner and specifies several items that must be included on
the registration form.

Section 3: Effective date.

 
JUSTIFICATION:

Some self-help practitioners exploit their customers and even put
customers in danger, using psychological techniques they are not certi-
fied in and employing therapeutic treatments they are not trained in. In
addition, putting physical pressure and stress on individuals without
medical professionals available to deal with possible injuries can lead
to otherwise preventable bodily harm and, in some cases, even death.

There are currently no laws that require a risk management plan at phys-
ically challenging events. Unlicensed self-help practitioners can cause
serious financial, emotional, and physical harm to individuals.  Requir-
ing a full disclosure of the potential risks in any activity to clients,
and requiring self-help practitioners to register with New York State
will better protect the public.

 
LEGISLATIVE HISTORY:

2018: A6262/S6018 - Referred to consumer affairs and protection/consumer
protection

2017: A6262/56018- Referred to consumer affairs and protection/consumer
protection
 
FISCAL IMPLICATIONS:

Minimal.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2019-S4846B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4846--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 27, 2019
                                ___________
 
 Introduced  by Sens. SKOUFIS, METZGER -- read twice and ordered printed,
   and when  printed  to  be  committed  to  the  Committee  on  Consumer
   Protection  --  recommitted to the Committee on Consumer Protection in
   accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee --  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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06213-04-0

 S. 4846--B                          2
 
 EXPLAIN, IN PLAIN LANGUAGE, THAT WHAT THE RISKS ARE IN CONTRACTING  WITH
 SUCH SELF-HELP PRACTITIONER;
   (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.

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Senate Bill S4846B

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James Skoufis

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