senate Bill S1643B

2021-2022 Legislative Session

Requires certain non-licensed professionals to disclose information regarding risks

download bill text pdf

Sponsored By

Current 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

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 27, 2022 print number 1643b
May 27, 2022 amend and recommit to consumer protection
May 23, 2022 print number 1643a
May 23, 2022 amend and recommit to consumer protection
Jan 05, 2022 referred to consumer protection
Jan 14, 2021 referred to consumer protection

S1643 - Details

See Assembly Version of this Bill:
A5658
Current Committee:
Senate Consumer Protection
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: S6018, A6262
2019-2020: S4846, A7453

S1643 - 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.

S1643 - Sponsor Memo

S1643 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1643
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2021
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- 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-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.
                                                            LBD05428-01-1

S1643A - Details

See Assembly Version of this Bill:
A5658
Current Committee:
Senate Consumer Protection
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: S6018, A6262
2019-2020: S4846, A7453

S1643A - 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.

S1643A - Sponsor Memo

S1643A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1643--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2021
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- 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 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-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
 TO INTENSE HEAT, INCLUDING BUT NOT  LIMITED  TO  RITES  OF  PREPARATION,
 PRAYER, PURIFICATION, OR ANY OTHER RITUAL OR THERAPEUTIC SWEATING.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05428-06-2

S1643B (ACTIVE) - Details

See Assembly Version of this Bill:
A5658
Current Committee:
Senate Consumer Protection
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: S6018, A6262
2019-2020: S4846, A7453

S1643B (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.

S1643B (ACTIVE) - Sponsor Memo

S1643B (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1643--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2021
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- 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  committee  --  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-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.
                                                            LBD05428-08-2

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