NY State Senate Bill 2023-S1155

Senate Bill S1155

2023-2024 Legislative Session

Requires certain non-licensed professionals to disclose information regarding risks

download bill text pdf

Current Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 10, 2023	referred to consumer protection

2023-S1155 (ACTIVE) - Details

See Assembly Version of this Bill:: A4166
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
2021-2022: S1643, A5658

2023-S1155 (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.

2023-S1155 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1155

SPONSOR: SKOUFIS
 
TITLE OF BILL:

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

 
PURPOSE:

This bill will establish guidelines and registry for the self-help
industry to improve consumer safety.

 
SUMMARY OF PROVISIONS:

Section 1: Adds a new section 391-u to the General Business Law that
defines "self-help practitioner" and other terms related to the indus-
try, and establishes guidelines requiring that self-help practitioners
provide clients with a contract that includes a disclosure of risk
clearly displayed in large-print format. The contract must also include
copies of any credentials, training, or certifications held by the self-

help practitioner. Self-help practitioners must also produce a compre-
hensive risk management plan to ensure that steps will be taken to
protect clients in the event that there is a reasonable expectation of
risk of physical or emotional harm. Establishes fines for violating this
subsection.

Section 2: Adds a new section 109-a to the Executive Law that creates a
registry for self-help practitioners that will be maintained by the
Department of State. Requires the Secretary of State to promulgate rules
and regulations prescribing a registration form to be used by any self-
help practitioner and specifies several items that must be included on
the registration forms. Prohibits self-help practitioners from using
registry for promotional reasons or to insinuate that the state has
approved of their product.

Section 3: Effective date.

 
JUSTIFICATION:

Some self-help practitioners exploit their customers and even put
customers in danger, using psychological techniques they are not certi-
fied in and employing therapeutic treatments they are not trained in. In
addition, putting physical pressure and stress on individuals without
medical professionals available to deal with possible injuries can lead
to otherwise preventable bodily harm and, in some cases, even. death.

There are currently no laws that require a risk management plan at phys-
ically challenging events. Unlicensed self-help practitioners can cause
serious financial, emotional, and physical harm to individuals.  Requir-
ing a full disclosure of the potential risks in any activity to clients,
and requiring self-help practitioners to register with New York State
will better protect the public.

 
LEGISLATIVE HISTORY:

2022:

A5658A, Referred to consumer affairs and protection

S1643, Referred to Consumer Protection

2020:

A7453A Amend and Recommit to Consumer Affairs and Protection

S4846B Amend and Recommit to Consumer Protection

2018: A6262/S6018 - Referred to consumer affairs and protection/consumer
protection

2017: A6262/S6018- Referred to consumer affairs and protection/consumer
protection

 
FISCAL IMPLICATIONS:

Minimal.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2023-S1155 (ACTIVE) - Bill Text download pdf

                             
                     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.

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