assembly Bill A5658A

2021-2022 Legislative Session

Requires certain non-licensed professionals to disclose information regarding risks

download bill text pdf

Sponsored By

Current 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
May 31, 2022 print number 5658a
May 31, 2022 amend and recommit to consumer affairs and protection
Jan 05, 2022 referred to consumer affairs and protection
Feb 22, 2021 referred to consumer affairs and protection

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A5658 - Details

See Senate Version of this Bill:
S1643
Law Section:
General Business Law
Laws Affected:
Add §391-w, Gen Bus L; add §109-a, Exec L
Versions Introduced in Other Legislative Sessions:
2017-2018: A6262, S6018
2019-2020: A7453, S4846

A5658 - 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.

A5658 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5658
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 22, 2021
                                ___________
 
 Introduced  by  M.  of  A. GALEF -- Multi-Sponsored by -- M. of A. COOK,
   HYNDMAN -- 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-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.

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A5658A (ACTIVE) - Details

See Senate Version of this Bill:
S1643
Law Section:
General Business Law
Laws Affected:
Add §391-w, Gen Bus L; add §109-a, Exec L
Versions Introduced in Other Legislative Sessions:
2017-2018: A6262, S6018
2019-2020: A7453, S4846

A5658A (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.

A5658A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5658--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 22, 2021
                                ___________
 
 Introduced  by  M.  of  A.  GALEF,  SEAWRIGHT, SIMON, GUNTHER, DINOWITZ,
   FORREST -- Multi-Sponsored by -- M. of A. COOK, HYNDMAN --  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  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-w to read as follows:
   § 391-W. 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.
   (C)  "SWEAT LODGE CEREMONIES" SHALL MEAN ANY CEREMONY THAT USES HEATED
 ROCKS IN WHICH THE INDIVIDUAL IS SUBJECTED TO LONG PERIODS  OF  EXPOSURE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05428-09-2