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.