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.
STATE OF NEW YORK
________________________________________________________________________
7453--A
2019-2020 Regular Sessions
IN ASSEMBLY
May 3, 2019
___________
Introduced by M. of A. GALEF -- Multi-Sponsored by -- M. of A. COOK,
HYNDMAN, WRIGHT -- read once and referred to the Committee on Consumer
Affairs and Protection -- recommitted to the Committee on Consumer
Affairs and Protection in accordance with Assembly Rule 3, sec. 2 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
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:
1 Section 1. The general business law is amended by adding a new section
2 391-v to read as follows:
3 § 391-v. Self-help practitioner disclosure requirements. 1. Defi-
4 nitions:
5 (a) "Self-help practitioner" means any individual, his or her agent or
6 employee, or company that is publicly holding himself or herself out as
7 a "self-help guru" or other similar term in advertising or marketing and
8 is offering paid help to a client through financial, spiritual or educa-
9 tional guidance for the sake of improving personal awareness, identify-
10 ing and developing personal talent and potential, enhancing the quality
11 of life of a person and/or contributing to the realization of personal
12 aspirations. A "self-help practitioner" shall not include any individ-
13 ual licensed pursuant to the provisions of title eight of the education
14 law and such licensed individuals shall be exempt from any requirements
15 of this article.
16 (b) "Large print format" shall mean a printed font size of sixteen
17 points or larger.
18 2. Every self-help practitioner that offers services to clients shall:
19 (a) at the time of each initial contract for services, provide the
20 client with a copy of the contract in which a disclosure of risk is
21 displayed in large print format. Such disclosure of risk shall clearly
22 explain, in plain language, that what the risks are in contracting with
23 such self-help practitioner;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06213-05-0
A. 7453--A 2
1 (b) at the time of each initial contract for services, provide the
2 client with a copy of any credentials, training, or certifications held
3 by the self-help practitioner; and
4 (c) produce a comprehensive risk management plan to ensure that steps
5 will be taken at each service or session to provide protection for
6 clients in the event that there is a potential risk of physical or
7 emotional harm. Every self-help practitioner shall be responsible for
8 ensuring that licensed professionals, including but not limited to,
9 medical professionals, social workers and psychologists, are made avail-
10 able to clients at each session or service when there is a possibility
11 of physical or emotional risk.
12 3. A violation by any self-help practitioner of subdivision two of
13 this section, if such violation constitutes the first such offense by
14 such self-help practitioner, is punishable by a civil penalty not to
15 exceed two hundred fifty dollars. A second offense and any offense
16 committed thereafter is punishable by a civil penalty not to exceed five
17 hundred dollars.
18 § 2. The executive law is amended by adding a new section 109-a to
19 read as follows:
20 § 109-a. Registration of self-help practitioners. 1. For purposes of
21 this section, "self-help practitioner" shall mean any individual, his or
22 her agent or employee, or company that is publicly holding himself or
23 herself out as a "self-help guru" or other similar term in advertising
24 or marketing and who is offering paid help to a client through finan-
25 cial, spiritual or educational guidance for the sake of improving
26 personal awareness, identifying and developing personal talent and
27 potential, enhancing the quality of life of a person and/or contributing
28 to the realization of personal aspirations. A "self-help practitioner"
29 shall not include any individual licensed pursuant to the provisions of
30 title eight of the education law; such licensed individuals shall be
31 exempt from any requirements of this article.
32 2. The secretary of state shall promulgate rules and regulations
33 prescribing a registration form to be used by any self-help practitioner
34 who provides self-help services to clients.
35 3. Such registration form shall identify:
36 (a) the name, address, and telephone number of the self-help practi-
37 tioner; and
38 (b) a brief description of the nature of the self-help services
39 provided to each identified client.
40 4. Such registration shall be filed with the department of state and
41 shall cover a twelve month reporting period.
42 5. The secretary of state shall post the completed forms on the
43 department of state's website within thirty days of the close of each
44 reporting period.
45 6. The department of state may impose a civil penalty of up to seven
46 hundred fifty dollars upon any self-help practitioner who fails to file
47 a registration required by this section provided, however, that the
48 secretary of state shall provide such self-help practitioner a reason-
49 able opportunity to cure such a failure.
50 7. The department of state shall adopt, amend and rescind rules and
51 regulations defining the degree and extent of self-help services neces-
52 sary to require the reporting pursuant to this section.
53 § 3. This act shall take effect on the ninetieth day after it shall
54 have become a law.
