senate Bill S4846B

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 Senate Committee Consumer Protection Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (6)
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

Co-Sponsors

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

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.

S4846 - Sponsor Memo

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.

Co-Sponsors

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

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.

S4846A - Sponsor Memo

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;

Co-Sponsors

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

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.

S4846B (ACTIVE) - Sponsor Memo

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

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.