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S07727 Summary:

BILL NOS07727A
 
SAME ASNo Same As
 
SPONSORSKOUFIS
 
COSPNSR
 
MLTSPNSR
 
Add §391-y, 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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S07727 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7727--A
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                       May 1, 2025
                                       ___________
 
        Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
          printed to be committed to the Committee  on  Consumer  Protection  --
          recommitted to the Committee on Consumer Protection in accordance with
          Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee

        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-y to read as follows:
     3    §  391-y.  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) "Sudation practice" shall mean any ceremony, ritual, or session in
    20  which  an individual or group of individuals are subjected to long peri-
    21  ods of exposure to intense heat generated by any  means,  including  but
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00027-05-6

        S. 7727--A                          2
 
     1  not  limited to heated rocks, steam, dry heat, for the purposes of phys-
     2  ical wellness, purification, prayer, or any other ritual or  therapeutic
     3  sweating.
     4    (d) "Trust exercise" shall mean any activity developed for the purpose
     5  of group therapy or team building that involves putting an individual in
     6  a vulnerable position requiring such individual to depend on other group
     7  members for physical support.
     8    (e)  "Strength exercise" shall mean physical acts using any part of an
     9  individual's body to break, bend, or otherwise destroy  another  object,
    10  including but not limited to breaking bricks, blocks, boards, or bending
    11  steel.
    12    (f)  "Coercive  control techniques" shall mean activities that seek to
    13  change behaviors either on a group or individual  level,  including  but
    14  not limited to neuro-linguistic programming, public shaming, and sharing
    15  of personal trauma in a public setting or large group.
    16    (g) "Qualifying emergency" shall mean:
    17    (i) a federal, state or local state of emergency has been declared.
    18    (ii)  severe weather or any other similar circumstance exists that may
    19  result in an individual being placed in  imminent  danger  of  death  or
    20  injury,  or may result in a building structure and/or its fixtures being
    21  at risk of significant damage.
    22    2. Every self-help practitioner that offers services to clients shall:
    23  (a) at the time of each  initial  contract  for  services,  provide  the
    24  client  with  a  copy  of  the contract in which a disclosure of risk is
    25  displayed in large print format. Such disclosure of risk  shall  clearly
    26  explain,  in plain language, what the risks are in contracting with such
    27  self-help practitioner.  Such disclosure shall include the following:
    28    (i) Disclosure of risk of serious injury, bodily  harm,  psychological
    29  harm,  or death in relation to specific activities, events, and services
    30  offered. Such activities may include, but are not limited  to,  sudation
    31  practices,  sensory  deprivation,  food  deprivation, water deprivation,
    32  sleep deprivation, social isolation, exposure to loud noises  or  music,
    33  fire walking, hypnosis, activities using an axe or any weapon defined in
    34  section 265.00 of the penal law, tests of endurance, breath manipulation
    35  to  limit  oxygen  levels  and induce altered mental states, trust exer-
    36  cises, rope and other  obstacle  courses,  hikes,  rappelling,  strength
    37  exercises, and coercive control techniques.
    38    (ii)  A  financial and legal disclaimer that clearly and conspicuously
    39  states that the self-help practitioner is not certified or registered to
    40  give personal financial and/or legal advice,  whether  as  an  attorney,
    41  accountant, or financial advisor.
    42    (iii)  A provision that clearly and conspicuously states all necessary
    43  information to cancel and, if an available option, request a refund  for
    44  services, events, and activities not rendered.
    45    (b)  at  the  time  of each initial contract for services, provide the
    46  client with a copy of any credentials, training, or certifications  held
    47  by the self-help practitioner.
    48    (c)  produce a comprehensive risk management plan to ensure that steps
    49  will be taken at each service or  session  of  an  activity  to  provide
    50  protection  for clients in the event that there is a reasonable expecta-
    51  tion of risk of physical harm or a qualifying emergency. Such activities
    52  may include, but are not limited to, sudation practices, sensory  depri-
    53  vation,  food  deprivation, water deprivation, sleep deprivation, social
    54  isolation, exposure to loud noises or  music,  fire  walking,  hypnosis,
    55  activities  using  an axe or any weapon defined in section 265.00 of the
    56  penal law, tests of  endurance,  breath  manipulation  to  limit  oxygen

        S. 7727--A                          3
 
     1  levels and induce altered mental states, trust exercises, rope and other
     2  obstacle  courses,  hikes,  rappelling, strength exercises, and coercive
     3  control techniques.   Such  comprehensive  risk  management  plan  shall
     4  include the following:
     5    (i)  A  detailed  itemized  list  of  emergency  resources  and  their
     6  locations, including but not limited to water, food,  medical  supplies,
     7  and cooling and heating tents.
     8    (ii)  A  detailed  outline  of  the necessary actions by the self-help
     9  practitioner or other sponsors  of  the  activity  in  providing  timely
    10  notification to the responsible municipal, county, state agency or offi-
    11  cial in the event of a qualifying emergency.
    12    (iii)  An emergency contact list for the self-help practitioner, event
    13  leadership, and on-site medical professionals as required  by  paragraph
    14  (d)  of  this  subdivision,  to  be distributed to members attending the
    15  activity.
    16    (iv) Location of emergency exits, forms of egress in the  event  of  a
    17  fire  or  similar  emergency, and location of shelter-in-place gathering
    18  points.
    19    (d) be responsible for ensuring that  licensed  medical  professionals
    20  are made available to clients at each session or service when there is a
    21  reasonable expectation of physical risk or if any activity that requires
    22  a  comprehensive risk management plan to be developed in accordance with
    23  paragraph (c) of this subdivision is taking place.
    24    3. This section shall not apply to the traditional, cultural, or reli-
    25  gious practices of any federally recognized Native American,  or  Indian
    26  tribe  as defined in 25 USC section 5130, or any tribe officially recog-
    27  nized by the state  of  New  York,  provided  that  such  practices  are
    28  conducted  for non-commercial purposes and are not offered as commercial
    29  services to individuals who are not members of a federal or state recog-
    30  nized tribe.
    31    4. A violation by any self-help practitioner  of  subdivision  two  of
    32  this  section,  if  such violation constitutes the first such offense by
    33  such self-help practitioner, is punishable by a  civil  penalty  not  to
    34  exceed  two  hundred  fifty  dollars.  A  second offense and any offense
    35  committed thereafter is punishable by a civil penalty not to exceed five
    36  hundred dollars.
    37    § 2. This act shall take effect on the ninetieth day  after  it  shall
    38  have become a law.
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