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.