S T A T E O F N E W Y O R K
________________________________________________________________________
1155
2023-2024 Regular Sessions
I N S E N A T E
January 10, 2023
___________
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-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.
(D) "TRUST EXERCISE" SHALL MEAN ANY ACTIVITY DEVELOPED FOR THE PURPOSE
OF GROUP THERAPY OR TEAM BUILDING THAT INVOLVES PUTTING AN INDIVIDUAL IN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03725-01-3
S. 1155 2
A VULNERABLE POSITION REQUIRING HIM OR HER TO DEPEND ON OTHER GROUP
MEMBERS FOR PHYSICAL SUPPORT.
(E) "STRENGTH EXERCISE" SHALL MEAN PHYSICAL ACTS USING ANY PART OF AN
INDIVIDUAL'S BODY TO BREAK, BEND, OR OTHERWISE DESTROY ANOTHER OBJECT,
INCLUDING BUT NOT LIMITED TO BREAKING BRICKS, BLOCKS, BOARDS, OR BENDING
STEEL.
(F) "COERCIVE CONTROL TECHNIQUES" SHALL MEAN ACTIVITIES THAT SEEK TO
CHANGE BEHAVIORS EITHER ON A GROUP OR INDIVIDUAL LEVEL, INCLUDING BUT
NOT LIMITED TO NEURO-LINGUISTIC PROGRAMMING, PUBLIC SHAMING, AND SHARING
OF PERSONAL TRAUMA IN A PUBLIC SETTING OR LARGE GROUP.
(G) "QUALIFYING EMERGENCY" SHALL MEAN:
(I) A FEDERAL, STATE OR LOCAL STATE OF EMERGENCY HAS BEEN DECLARED.
(II) SEVERE WEATHER OR ANY OTHER SIMILAR CIRCUMSTANCE EXISTS THAT MAY
RESULT IN AN INDIVIDUAL BEING PLACED IN IMMINENT DANGER OF DEATH OR
INJURY, OR MAY RESULT IN A BUILDING STRUCTURE AND/OR ITS FIXTURES BEING
AT RISK OF SIGNIFICANT DAMAGE.
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, WHAT THE RISKS ARE IN CONTRACTING WITH SUCH
SELF-HELP PRACTITIONER. SUCH DISCLOSURE SHALL INCLUDE THE FOLLOWING:
(I) DISCLOSURE OF RISK OF SERIOUS INJURY, BODILY HARM, PSYCHOLOGICAL
HARM, OR DEATH IN RELATION TO SPECIFIC ACTIVITIES, EVENTS, AND SERVICES
OFFERED. SUCH ACTIVITIES MAY INCLUDE, BUT ARE NOT LIMITED TO, SWEAT
LODGE CEREMONIES, SENSORY DEPRIVATION, FOOD DEPRIVATION, WATER DEPRI-
VATION, SLEEP DEPRIVATION, SOCIAL ISOLATION, EXPOSURE TO LOUD NOISES OR
MUSIC, FIRE WALKING, HYPNOSIS, ACTIVITIES USING AN AXE OR ANY WEAPON
DEFINED IN SECTION 265.00 OF THE PENAL LAW, TESTS OF ENDURANCE, BREATH
MANIPULATION TO LIMIT OXYGEN LEVELS AND INDUCE ALTERED MENTAL STATES,
TRUST EXERCISES, ROPE AND OTHER OBSTACLE COURSES, HIKES, RAPPELLING,
STRENGTH EXERCISES, AND COERCIVE CONTROL TECHNIQUES.
(II) A FINANCIAL DISCLAIMER THAT CLEARLY AND CONSPICUOUSLY STATES THAT
THE SELF-HELP PRACTITIONER IS NOT CERTIFIED OR REGISTERED TO GIVE
PERSONAL FINANCIAL ADVICE, WHETHER AS AN ATTORNEY, ACCOUNTANT, OR FINAN-
CIAL ADVISOR.
(III) A PROVISION THAT CLEARLY AND CONSPICUOUSLY STATES ALL NECESSARY
INFORMATION TO CANCEL AND, IF AN AVAILABLE OPTION, REQUEST A REFUND FOR
SERVICES, EVENTS, AND ACTIVITIES NOT RENDERED.
(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.
(C) PRODUCE A COMPREHENSIVE RISK MANAGEMENT PLAN TO ENSURE THAT STEPS
WILL BE TAKEN AT EACH SERVICE OR SESSION OF AN ACTIVITY TO PROVIDE
PROTECTION FOR CLIENTS IN THE EVENT THAT THERE IS A REASONABLE EXPECTA-
TION OF RISK OF PHYSICAL OR EMOTIONAL HARM OR A QUALIFYING EMERGENCY.
SUCH ACTIVITIES MAY INCLUDE, BUT ARE NOT LIMITED TO, SWEAT LODGE CEREMO-
NIES, SENSORY DEPRIVATION, FOOD DEPRIVATION, WATER DEPRIVATION, SLEEP
DEPRIVATION, SOCIAL ISOLATION, EXPOSURE TO LOUD NOISES OR MUSIC, FIRE
WALKING, HYPNOSIS, ACTIVITIES USING AN AXE OR ANY WEAPON DEFINED IN
SECTION 265.00 OF THE PENAL LAW, TESTS OF ENDURANCE, BREATH MANIPULATION
TO LIMIT OXYGEN LEVELS AND INDUCE ALTERED MENTAL STATES, TRUST EXER-
CISES, ROPE AND OTHER OBSTACLE COURSES, HIKES, RAPPELLING, STRENGTH
EXERCISES, AND COERCIVE CONTROL TECHNIQUES. SUCH COMPREHENSIVE RISK
MANAGEMENT PLAN SHALL INCLUDE THE FOLLOWING:
S. 1155 3
(I) A DETAILED ITEMIZED LIST OF EMERGENCY RESOURCES AND THEIR
LOCATIONS, INCLUDING BUT NOT LIMITED TO WATER, FOOD, MEDICAL SUPPLIES,
AND COOLING AND HEATING TENTS.
(II) A DETAILED OUTLINE OF THE NECESSARY ACTIONS BY THE SELF-HELP
PRACTITIONER OR OTHER SPONSORS OF THE ACTIVITY IN PROVIDING TIMELY
NOTIFICATION TO THE RESPONSIBLE MUNICIPAL, COUNTY, STATE AGENCY OR OFFI-
CIAL IN THE EVENT OF A QUALIFYING EMERGENCY.
(III) AN EMERGENCY CONTACT LIST FOR THE SELF-HELP PRACTITIONER, EVENT
LEADERSHIP, AND ON-SITE MEDICAL PROFESSIONALS AS REQUIRED BY PARAGRAPH
(D) OF THIS SUBDIVISION, TO BE DISTRIBUTED TO MEMBERS ATTENDING THE
ACTIVITY.
(IV) LOCATION OF EMERGENCY EXITS, FORMS OF EGRESS IN THE EVENT OF A
FIRE OR SIMILAR EMERGENCY, AND LOCATION OF SHELTER-IN-PLACE GATHERING
POINTS.
(D) BE RESPONSIBLE FOR ENSURING THAT LICENSED PROFESSIONALS, INCLUDING
BUT NOT LIMITED TO, MEDICAL PROFESSIONALS, SOCIAL WORKERS AND PSYCHOL-
OGISTS, ARE MADE AVAILABLE TO CLIENTS AT EACH SESSION OR SERVICE WHEN
THERE IS A REASONABLE EXPECTATION OF PHYSICAL OR EMOTIONAL RISK OR IF
ANY ACTIVITY THAT REQUIRES A COMPREHENSIVE RISK MANAGEMENT PLAN TO BE
DEVELOPED IN ACCORDANCE WITH PARAGRAPH (C) OF THIS SUBDIVISION IS TAKING
PLACE.
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
S. 1155 4
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.
8. ANY REPRESENTATIONS DISSEMINATED IN ANY MANNER OR BY ANY MEANS
INCLUDING DIGITALLY OR BY STATEMENT, WORD, DESIGN, DEVICE, SOUND OR ANY
COMBINATION THEREOF, FOR THE PURPOSE OF INDUCING, OR WHICH ARE LIKELY TO
INDUCE, DIRECTLY OR INDIRECTLY, BY ANY REASONABLE PERSON, THAT THE SELF-
HELP PRACTITIONER, HIS OR HER PRODUCT, OR HIS OR HER CREDENTIALS ARE
ENDORSED, DIRECTLY OR INDIRECTLY, BY THE STATE AS A RESULT OF SUCH SELF-
HELP PRACTITIONER'S REGISTRATION IN ACCORDANCE WITH SECTION THREE
HUNDRED NINETY-ONE-W OF THE GENERAL BUSINESS LAW SHALL BE PROHIBITED.
9. THE DEPARTMENT OF STATE SHALL IMPOSE A CIVIL PENALTY OF UP TO SEVEN
HUNDRED FIFTY DOLLARS UPON ANY SELF-HELP PRACTITIONER WHO IS IN
VIOLATION OF SUBDIVISION EIGHT OF THIS SECTION.
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law.
