Bill Text: NY A04166 | 2023-2024 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-01-03 - referred to consumer affairs and protection [A04166 Detail]
Download: New_York-2023-A04166-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4166 2023-2024 Regular Sessions IN ASSEMBLY February 10, 2023 ___________ Introduced by M. of A. LEVENBERG -- read once and referred to the Committee on Consumer Affairs and Protection 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-w to read as follows: 3 § 391-w. 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 (c) "Sweat lodge ceremonies" shall mean any ceremony that uses heated 19 rocks in which the individual is subjected to long periods of exposure 20 to intense heat, including but not limited to rites of preparation, 21 prayer, purification, or any other ritual or therapeutic sweating. 22 (d) "Trust exercise" shall mean any activity developed for the purpose 23 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. LBD03725-01-3A. 4166 2 1 a vulnerable position requiring him or her 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 disclaimer that clearly and conspicuously states that 34 the self-help practitioner is not certified or registered to give 35 personal financial advice, whether as an attorney, accountant, or finan- 36 cial 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 or emotional harm or a qualifying emergency. 47 Such activities may include, but are not limited to, sweat lodge ceremo- 48 nies, sensory deprivation, food deprivation, water deprivation, sleep 49 deprivation, social isolation, exposure to loud noises or music, fire 50 walking, hypnosis, activities using an axe or any weapon defined in 51 section 265.00 of the penal law, tests of endurance, breath manipulation 52 to limit oxygen levels and induce altered mental states, trust exer- 53 cises, rope and other obstacle courses, hikes, rappelling, strength 54 exercises, and coercive control techniques. Such comprehensive risk 55 management plan shall include the following:A. 4166 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 professionals, including 16 but not limited to, medical professionals, social workers and psychol- 17 ogists, are made available to clients at each session or service when 18 there is a reasonable expectation of physical or emotional risk or if 19 any activity that requires a comprehensive risk management plan to be 20 developed in accordance with paragraph (c) of this subdivision is taking 21 place. 22 3. A violation by any self-help practitioner of subdivision two of 23 this section, if such violation constitutes the first such offense by 24 such self-help practitioner, is punishable by a civil penalty not to 25 exceed two hundred fifty dollars. A second offense and any offense 26 committed thereafter is punishable by a civil penalty not to exceed five 27 hundred dollars. 28 § 2. The executive law is amended by adding a new section 109-a to 29 read as follows: 30 § 109-a. Registration of self-help practitioners. 1. For purposes of 31 this section, "self-help practitioner" shall mean any individual, his or 32 her agent or employee, or company that is publicly holding himself or 33 herself out as a "self-help guru" or other similar term in advertising 34 or marketing and who is offering paid help to a client through finan- 35 cial, spiritual or educational guidance for the sake of improving 36 personal awareness, identifying and developing personal talent and 37 potential, enhancing the quality of life of a person and/or contributing 38 to the realization of personal aspirations. A "self-help practitioner" 39 shall not include any individual licensed pursuant to the provisions of 40 title eight of the education law; such licensed individuals shall be 41 exempt from any requirements of this article. 42 2. The secretary of state shall promulgate rules and regulations 43 prescribing a registration form to be used by any self-help practitioner 44 who provides self-help services to clients. 45 3. Such registration form shall identify: 46 (a) the name, address, and telephone number of the self-help practi- 47 tioner; and 48 (b) a brief description of the nature of the self-help services 49 provided to each identified client. 50 4. Such registration shall be filed with the department of state and 51 shall cover a twelve month reporting period. 52 5. The secretary of state shall post the completed forms on the 53 department of state's website within thirty days of the close of each 54 reporting period. 55 6. The department of state may impose a civil penalty of up to seven 56 hundred fifty dollars upon any self-help practitioner who fails to fileA. 4166 4 1 a registration required by this section provided, however, that the 2 secretary of state shall provide such self-help practitioner a reason- 3 able opportunity to cure such a failure. 4 7. The department of state shall adopt, amend and rescind rules and 5 regulations defining the degree and extent of self-help services neces- 6 sary to require the reporting pursuant to this section. 7 8. Any representations disseminated in any manner or by any means 8 including digitally or by statement, word, design, device, sound or any 9 combination thereof, for the purpose of inducing, or which are likely to 10 induce, directly or indirectly, by any reasonable person, that the self- 11 help practitioner, his or her product, or his or her credentials are 12 endorsed, directly or indirectly, by the state as a result of such self- 13 help practitioner's registration in accordance with section three 14 hundred ninety-one-w of the general business law shall be prohibited. 15 9. The department of state shall impose a civil penalty of up to seven 16 hundred fifty dollars upon any self-help practitioner who is in 17 violation of subdivision eight of this section. 18 § 3. This act shall take effect on the ninetieth day after it shall 19 have become a law.