S T A T E O F N E W Y O R K
________________________________________________________________________
4722
2023-2024 Regular Sessions
I N A S S E M B L Y
February 23, 2023
___________
Introduced by M. of A. MCGOWAN -- read once and referred to the Commit-
tee on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to disclosures
required in advertisements using the title "coach"
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
350-b-2 to read as follows:
§ 350-B-2. DISCLOSURES REQUIRED IN ADVERTISEMENTS USING THE TITLE
"COACH". 1. (A) FOR PURPOSES OF THIS SECTION, THE TITLE "COACH" SHALL
MEAN A PROFESSIONAL DESIGNATION, CREDENTIAL, CERTIFICATION, OR PROFES-
SIONAL DESCRIPTION THAT INDICATES THE PERSON USING SUCH TITLE HAS
SPECIAL SKILLS, KNOWLEDGE, EXPERTISE, EXPERIENCE OR TRAINING IN THE
PROVISION OF SERVICES DESIGNED TO ASSIST A CLIENT IN ACHIEVING ONE OR
MORE OF THE CLIENT'S SPECIFIC GOALS, TASKS, OBJECTIVES, OR ASPIRATIONS
RELATING TO A SPECIFIC FIELD OR ACTIVITY, BY PROVIDING INSTRUCTION,
EDUCATION, ADVICE, GUIDANCE, COUNSELING, TRAINING, DIRECTION, SUPPORT,
ENCOURAGEMENT, MOTIVATION OR OTHER FORMS OF ASSISTANCE DESIGNED TO AID
THE CLIENT IN DEVELOPING, IMPROVING, MANAGING AND MAINTAINING THE
SKILLS, ABILITIES, BEHAVIORS, OR ATTITUDES NECESSARY FOR THE CLIENT'S
GROWTH, DEVELOPMENT, IMPROVEMENT AND OVERALL SUCCESS IN SUCH FIELD OR
ACTIVITY.
(B) THE REQUIREMENTS OF THIS SECTION SHALL BE APPLICABLE TO ANY PERSON
OR BUSINESS WHO USES ANY ONE OF THE FOLLOWING DESIGNATIONS: ACCOUNTABIL-
ITY COACH, BUSINESS COACH, CAREER COACH, COMMUNICATION COACH, CONFLICT
COACH, CREATIVITY COACH, DATING COACH, DIVORCE COACH, EMPOWERMENT COACH,
EXECUTIVE COACH, FITNESS COACH, FINANCIAL COACH, HEALTH COACH, INVEST-
MENT COACH, LEADERSHIP COACH, LIFE COACH, MOTIVATIONAL COACH, NUTRITION
COACH, PRODUCTIVITY COACH, RECOVERY COACH, RELATIONSHIP COACH, SOCIAL
MEDIA COACH, SPIRITUAL COACH, STRATEGIC COACH, TRANSITIONAL COACH, TRAV-
EL COACH, WELLNESS COACH, OR ANY SIMILAR DESIGNATION INDICATING SPECIAL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09431-01-3
A. 4722 2
KNOWLEDGE AND EXPERTISE IN AN UNLICENSED PROFESSION OR FIELD IN WHICH
CREDENTIALS ARE NOT REQUIRED, INCLUDING DESIGNATION AS AN ADVISOR,
EXPERT, GURU, INFLUENCER OR MASTER.
2. (A) ANY PERSON OR BUSINESS WHO USES A "COACHING" DESIGNATION IN
MAKING REPRESENTATIONS FOR THE PURPOSE OF INDUCING, OR WHICH ARE LIKELY
TO INDUCE, DIRECTLY OR INDIRECTLY, THE PURCHASE OF THE INDIVIDUAL'S
SERVICES SHALL CLEARLY AND PROMINENTLY DISCLOSE, IN ANY ADVERTISEMENT
AND IN WRITING TO ANY PROSPECTIVE CLIENT AT THE INITIAL MEETING OR
CONSULTATION WITH SUCH PROSPECTIVE CLIENT, THE BASIS OR SOURCE OF SUCH
COACHING DESIGNATION, INCLUDING WHETHER THE COACHING DESIGNATION WAS
CREATED BY THE PERSON OR BUSINESS USING IT. SUCH PERSON OR BUSINESS
SHALL DISCLOSE THAT HE, SHE OR IT IS NOT A LICENSED PROFESSIONAL. FOR
THE PURPOSES OF THIS SECTION, "CLEARLY AND PROMINENTLY" MEANS:
(1) IN WRITTEN COMMUNICATIONS, INCLUDING PRINT AND THOSE MADE THROUGH
AN ELECTRONIC MEDIUM, INCLUDING BUT NOT LIMITED TO ANY COMMUNICATIONS
APPEARING ON ANY DISCUSSION BOARD, MARKETPLACE, SOCIAL MEDIA WEBSITE OR
SIMILAR PLATFORM OR SERVICE, THE MESSAGE SHALL BE IN A TYPE SIZE SUFFI-
CIENTLY NOTICEABLE FOR AN ORDINARY CONSUMER TO READ AND COMPREHEND IT,
IN TYPE THAT CONTRASTS WITH THE BACKGROUND AGAINST WHICH IT APPEARS; AND
(2) IN ORAL COMMUNICATIONS, THE MESSAGE SHALL BE DELIVERED IN A VOLUME
SUFFICIENT FOR AN ORDINARY CONSUMER TO HEAR IT AND COMPREHEND IT. SUCH
MESSAGE SHALL BE IN UNDERSTANDABLE LANGUAGE AND SYNTAX REGARDLESS OF HOW
THE MESSAGE IS DISSEMINATED.
(B) IF ANY COMMUNICATION IS PRESENTED SOLELY THROUGH ORAL, WRITTEN, OR
VISUAL MEANS, THE MESSAGE DISSEMINATED PURSUANT TO PARAGRAPH (A) OF THIS
SUBDIVISION SHALL BE MADE THROUGH THE SAME MEANS.
(C) THE REQUIREMENTS OF THIS SUBDIVISION SUPPLEMENT, AND SHALL NOT BE
CONSTRUED TO LIMIT, THE OBLIGATIONS OF ANY PROFESSIONAL REGISTERED OR
LICENSED PURSUANT TO ANY OTHER SECTION OF LAW AND REGULATIONS THERE-
UNDER, NOR SHALL THEY BE CONSTRUED TO AUTHORIZE THE PRACTICE OF ANY
LICENSED PROFESSION NOR THE OFFER OF PROFESSIONAL SERVICES BY ANY UNLI-
CENSED PERSON.
3. SUCH PERSON SHALL NOT REFERENCE ANY SPECIFIC DIAGNOSIS OR MENTAL
DISORDER CLASSIFIED WITHIN THE MOST RECENTLY PUBLISHED EDITION OF THE
"DIAGNOSTIC AND STATISTICAL MANUAL OF MENTAL DISORDERS (DSM)" PUBLISHED
BY THE AMERICAN PSYCHIATRIC ASSOCIATION ("APA") OR ANY SPECIFIC DIAGNO-
SIS OR PROCEDURE CODE INCLUDED WITHIN THE MOST RECENTLY PUBLISHED
REVISION OF THE INTERNATIONAL STATISTICAL CLASSIFICATION OF DISEASES AND
RELATED HEALTH PROBLEMS("ICD").
4. IN ADDITION TO ANY CIVIL PENALTY AVAILABLE UNDER SECTION THREE
HUNDRED FIFTY-D OF THIS ARTICLE, WHENEVER THERE SHALL BE A VIOLATION OF
THIS SECTION, APPLICATION MAY BE MADE BY THE ATTORNEY GENERAL IN THE
NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO A COURT OR JUSTICE HAVING
JURISDICTION BY A SPECIAL PROCEEDING TO ISSUE AN INJUNCTION, AND UPON
NOTICE TO THE DEFENDANT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND
RESTRAIN THE CONTINUANCE OF SUCH VIOLATION; AND IF IT SHALL APPEAR TO
THE SATISFACTION OF THE COURT OR JUSTICE THAT THE DEFENDANT HAS, IN
FACT, VIOLATED THIS SECTION, AN INJUNCTION MAY BE ISSUED BY SUCH COURT
OR JUSTICE, ENJOINING AND RESTRAINING ANY FURTHER VIOLATIONS, WITHOUT
REQUIRING PROOF THAT ANY PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED
THEREBY. IN CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE ATTORNEY
GENERAL IS AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF THE
RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRAC-
TICE LAW AND RULES. IN ANY SUCH PROCEEDING, THE COURT MAY MAKE ALLOW-
ANCES TO THE ATTORNEY GENERAL AS PROVIDED IN PARAGRAPH SIX OF SUBDIVI-
A. 4722 3
SION (A) OF SECTION EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRACTICE LAW
AND RULES, AND DIRECT RESTITUTION.
§ 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.