The New York State Senate

 
                     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

 S. 1643                             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 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.