S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8791
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 5, 2025
                                ___________
 
 Introduced by M. of A. LEVENBERG, SIMON -- read once and referred to the
   Committee on Consumer Affairs and Protection
 
 AN  ACT  to  amend  the  general  business 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-x to read as follows:
   § 391-X. SELF-HELP  PRACTITIONER  DISCLOSURE  REQUIREMENTS.  1.  DEFI-
 NITIONS:
   (A)  "SELF-HELP  PRACTITIONER"  MEANS  ANY  INDIVIDUAL, THEIR AGENT OR
 EMPLOYEE, OR COMPANY THAT IS PUBLICLY HOLDING THEMSELF OUT AS A  PRACTI-
 TIONER OR MENTOR OF SELF-IMPROVEMENT METHODS IN ADVERTISING OR MARKETING
 OR UTILIZING SIMILAR TERMINOLOGIES TO REACH EQUIVALENT IMPLICATIONS, AND
 IS OFFERING FINANCIAL, SPIRITUAL OR EDUCATIONAL GUIDANCE FOR THE PURPOSE
 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 IN EXCHANGE FOR
 PAYMENT.  A "SELF-HELP PRACTITIONER" SHALL NOT  INCLUDE  ANY  INDIVIDUAL
 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.
                                                            LBD00027-02-5
              

 A. 8791                             2
 
 A VULNERABLE POSITION REQUIRING SUCH INDIVIDUAL 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 AND LEGAL DISCLAIMER THAT CLEARLY AND CONSPICUOUSLY
 STATES THAT THE SELF-HELP PRACTITIONER IS NOT CERTIFIED OR REGISTERED TO
 GIVE PERSONAL FINANCIAL AND/OR LEGAL ADVICE,  WHETHER  AS  AN  ATTORNEY,
 ACCOUNTANT, OR FINANCIAL 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 HARM OR A QUALIFYING EMERGENCY. SUCH ACTIVITIES
 MAY INCLUDE, BUT ARE NOT LIMITED TO,  SWEAT  LODGE  CEREMONIES,  SENSORY
 DEPRIVATION,  FOOD  DEPRIVATION,  WATER  DEPRIVATION, SLEEP DEPRIVATION,
 SOCIAL ISOLATION, EXPOSURE TO LOUD NOISES OR MUSIC, FIRE WALKING, HYPNO-
 SIS, 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.    SUCH  COMPREHENSIVE  RISK  MANAGEMENT PLAN SHALL
 INCLUDE THE FOLLOWING:
 A. 8791                             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  MEDICAL  PROFESSIONALS
 ARE MADE AVAILABLE TO CLIENTS AT EACH SESSION OR SERVICE WHEN THERE IS A
 REASONABLE EXPECTATION OF PHYSICAL 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. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.