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A08791 Summary:

BILL NOA08791
 
SAME ASSAME AS S07727
 
SPONSORLevenberg
 
COSPNSRSimon
 
MLTSPNSR
 
Add §391-x, Gen Bus L
 
Requires self-help practitioners to disclose information to clients regarding risks and to produce a risk management plan.
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A08791 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8791
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                      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:
 
     1    Section 1. The general business law is amended by adding a new section
     2  391-x to read as follows:
     3    § 391-x. Self-help  practitioner  disclosure  requirements.  1.  Defi-
     4  nitions:
     5    (a)  "Self-help  practitioner"  means  any  individual, their agent or
     6  employee, or company that is publicly holding themself out as a  practi-
     7  tioner or mentor of self-improvement methods in advertising or marketing
     8  or utilizing similar terminologies to reach equivalent implications, and
     9  is offering financial, spiritual or educational guidance for the purpose
    10  of  improving  personal  awareness,  identifying and developing personal
    11  talent and potential, enhancing the quality of life of a  person  and/or
    12  contributing  to the realization of personal aspirations in exchange for
    13  payment.  A "self-help practitioner" shall not  include  any  individual
    14  licensed  pursuant to the provisions of title eight of the education law
    15  and such licensed individuals shall be exempt from any  requirements  of
    16  this article.
    17    (b)  "Large  print  format"  shall mean a printed font size of sixteen
    18  points or larger.
    19    (c) "Sweat lodge ceremonies" shall mean any ceremony that uses  heated
    20  rocks  in  which the individual is subjected to long periods of exposure
    21  to intense heat, including but not  limited  to  rites  of  preparation,
    22  prayer, purification, or any other ritual or therapeutic sweating.
    23    (d) "Trust exercise" shall mean any activity developed for the purpose
    24  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
 
     1  a vulnerable position requiring such individual to depend on other group
     2  members for physical support.
     3    (e)  "Strength exercise" shall mean physical acts using any part of an
     4  individual's body to break, bend, or otherwise destroy  another  object,
     5  including but not limited to breaking bricks, blocks, boards, or bending
     6  steel.
     7    (f)  "Coercive  control techniques" shall mean activities that seek to
     8  change behaviors either on a group or individual  level,  including  but
     9  not limited to neuro-linguistic programming, public shaming, and sharing
    10  of personal trauma in a public setting or large group.
    11    (g) "Qualifying emergency" shall mean:
    12    (i) a federal, state or local state of emergency has been declared.
    13    (ii)  severe weather or any other similar circumstance exists that may
    14  result in an individual being placed in  imminent  danger  of  death  or
    15  injury,  or may result in a building structure and/or its fixtures being
    16  at risk of significant damage.
    17    2. Every self-help practitioner that offers services to clients shall:
    18  (a) at the time of each  initial  contract  for  services,  provide  the
    19  client  with  a  copy  of  the contract in which a disclosure of risk is
    20  displayed in large print format. Such disclosure of risk  shall  clearly
    21  explain,  in plain language, what the risks are in contracting with such
    22  self-help practitioner.  Such disclosure shall include the following:
    23    (i) Disclosure of risk of serious injury, bodily  harm,  psychological
    24  harm,  or death in relation to specific activities, events, and services
    25  offered. Such activities may include, but  are  not  limited  to,  sweat
    26  lodge  ceremonies,  sensory  deprivation, food deprivation, water depri-
    27  vation, sleep deprivation, social isolation, exposure to loud noises  or
    28  music,  fire  walking,  hypnosis,  activities using an axe or any weapon
    29  defined in section 265.00 of the penal law, tests of  endurance,  breath
    30  manipulation  to  limit  oxygen levels and induce altered mental states,
    31  trust exercises, rope and other  obstacle  courses,  hikes,  rappelling,
    32  strength exercises, and coercive control techniques.
    33    (ii)  A  financial and legal disclaimer that clearly and conspicuously
    34  states that the self-help practitioner is not certified or registered to
    35  give personal financial and/or legal advice,  whether  as  an  attorney,
    36  accountant, or financial advisor.
    37    (iii)  A provision that clearly and conspicuously states all necessary
    38  information to cancel and, if an available option, request a refund  for
    39  services, events, and activities not rendered.
    40    (b)  at  the  time  of each initial contract for services, provide the
    41  client with a copy of any credentials, training, or certifications  held
    42  by the self-help practitioner.
    43    (c)  produce a comprehensive risk management plan to ensure that steps
    44  will be taken at each service or  session  of  an  activity  to  provide
    45  protection  for clients in the event that there is a reasonable expecta-
    46  tion of risk of physical harm or a qualifying emergency. Such activities
    47  may include, but are not limited to,  sweat  lodge  ceremonies,  sensory
    48  deprivation,  food  deprivation,  water  deprivation, sleep deprivation,
    49  social isolation, exposure to loud noises or music, fire walking, hypno-
    50  sis, activities using an axe or any weapon defined in section 265.00  of
    51  the  penal  law, tests of endurance, breath manipulation to limit oxygen
    52  levels and induce altered mental states, trust exercises, rope and other
    53  obstacle courses, hikes, rappelling, strength  exercises,  and  coercive
    54  control  techniques.    Such  comprehensive  risk  management plan shall
    55  include the following:

        A. 8791                             3
 
     1    (i)  A  detailed  itemized  list  of  emergency  resources  and  their
     2  locations,  including  but not limited to water, food, medical supplies,
     3  and cooling and heating tents.
     4    (ii)  A  detailed  outline  of  the necessary actions by the self-help
     5  practitioner or other sponsors  of  the  activity  in  providing  timely
     6  notification to the responsible municipal, county, state agency or offi-
     7  cial in the event of a qualifying emergency.
     8    (iii)  An emergency contact list for the self-help practitioner, event
     9  leadership, and on-site medical professionals as required  by  paragraph
    10  (d)  of  this  subdivision,  to  be distributed to members attending the
    11  activity.
    12    (iv) Location of emergency exits, forms of egress in the  event  of  a
    13  fire  or  similar  emergency, and location of shelter-in-place gathering
    14  points.
    15    (d) be responsible for ensuring that  licensed  medical  professionals
    16  are made available to clients at each session or service when there is a
    17  reasonable expectation of physical risk or if any activity that requires
    18  a  comprehensive risk management plan to be developed in accordance with
    19  paragraph (c) of this subdivision is taking place.
    20    3. A violation by any self-help practitioner  of  subdivision  two  of
    21  this  section,  if  such violation constitutes the first such offense by
    22  such self-help practitioner, is punishable by a  civil  penalty  not  to
    23  exceed  two  hundred  fifty  dollars.  A  second offense and any offense
    24  committed thereafter is punishable by a civil penalty not to exceed five
    25  hundred dollars.
    26    § 2. This act shall take effect on the ninetieth day  after  it  shall
    27  have become a law.
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