Bill Text: NY A09439 | 2021-2022 | General Assembly | Introduced
Bill Title: Requires disclosures required in advertisements using the title "coach"; defines the title "coach" as a professional designation, credential, certification, or professional description that indicates the person has expertise or training in issues specifically related to providing care or help in choosing a career in their field; provides civil penalties for violations; makes related provisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-04-26 - held for consideration in consumer affairs and protection [A09439 Detail]
Download: New_York-2021-A09439-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9439 IN ASSEMBLY March 7, 2022 ___________ Introduced by M. of A. LAWLER -- read once and referred to the Committee on Consumer Affairs and Protection AN ACT to amend the general business law, in relation to disclosures required in advertisements using the title "coach" 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 2 350-b-2 to read as follows: 3 § 350-b-2. Disclosures required in advertisements using the title 4 "coach". 1. (a) For purposes of this section, the title "coach" shall 5 mean a professional designation, credential, certification, or profes- 6 sional description that indicates the person using such title has 7 special skills, knowledge, expertise, experience or training in the 8 provision of services designed to assist a client in achieving one or 9 more of the client's specific goals, tasks, objectives, or aspirations 10 relating to a specific field or activity, by providing instruction, 11 education, advice, guidance, counseling, training, direction, support, 12 encouragement, motivation or other forms of assistance designed to aid 13 the client in developing, improving, managing and maintaining the 14 skills, abilities, behaviors, or attitudes necessary for the client's 15 growth, development, improvement and overall success in such field or 16 activity. 17 (b) The requirements of this section shall be applicable to any person 18 or business who uses any one of the following designations: accountabil- 19 ity coach, business coach, career coach, communication coach, conflict 20 coach, creativity coach, dating coach, divorce coach, empowerment coach, 21 executive coach, fitness coach, financial coach, health coach, invest- 22 ment coach, leadership coach, life coach, motivational coach, nutrition 23 coach, productivity coach, recovery coach, relationship coach, social 24 media coach, spiritual coach, strategic coach, transitional coach, trav- 25 el coach, wellness coach, or any similar designation indicating special 26 knowledge and expertise in an unlicensed profession or field in which 27 credentials are not required, including designation as an advisor, 28 expert, guru, influencer or master. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13461-02-1A. 9439 2 1 2. (a) Any person or business who uses a "coaching" designation in 2 making representations for the purpose of inducing, or which are likely 3 to induce, directly or indirectly, the purchase of the individual's 4 services shall clearly and prominently disclose, in any advertisement 5 and in writing to any prospective client at the initial meeting or 6 consultation with such prospective client, the basis or source of such 7 coaching designation, including whether the coaching designation was 8 created by the person or business using it. Such person or business 9 shall disclose that he, she or it is not a licensed professional. For 10 the purposes of this section, "clearly and prominently" means: 11 (1) in written communications, including print and those made through 12 an electronic medium, including but not limited to any communications 13 appearing on any discussion board, marketplace, social media website or 14 similar platform or service, the message shall be in a type size suffi- 15 ciently noticeable for an ordinary consumer to read and comprehend it, 16 in type that contrasts with the background against which it appears; and 17 (2) in oral communications, the message shall be delivered in a volume 18 sufficient for an ordinary consumer to hear it and comprehend it. Such 19 message shall be in understandable language and syntax regardless of how 20 the message is disseminated. 21 (b) If any communication is presented solely through oral, written, or 22 visual means, the message disseminated pursuant to paragraph (a) of this 23 subdivision shall be made through the same means. 24 (c) The requirements of this subdivision supplement, and shall not be 25 construed to limit, the obligations of any professional registered or 26 licensed pursuant to any other section of law and regulations there- 27 under, nor shall they be construed to authorize the practice of any 28 licensed profession nor the offer of professional services by any unli- 29 censed person. 30 3. Such person shall not reference any specific diagnosis or mental 31 disorder classified within the most recently published edition of the 32 "Diagnostic and Statistical Manual of Mental Disorders (DSM)" published 33 by the American Psychiatric Association ("APA") or any specific diagno- 34 sis or procedure code included within the most recently published 35 revision of the International Statistical Classification of Diseases and 36 Related Health Problems("ICD"). 37 4. In addition to any civil penalty available under section three 38 hundred fifty-d of this article, whenever there shall be a violation of 39 this section, application may be made by the attorney general in the 40 name of the people of the state of New York to a court or justice having 41 jurisdiction by a special proceeding to issue an injunction, and upon 42 notice to the defendant of not less than five days, to enjoin and 43 restrain the continuance of such violation; and if it shall appear to 44 the satisfaction of the court or justice that the defendant has, in 45 fact, violated this section, an injunction may be issued by such court 46 or justice, enjoining and restraining any further violations, without 47 requiring proof that any person has, in fact, been injured or damaged 48 thereby. In connection with any such proposed application, the attorney 49 general is authorized to take proof and make a determination of the 50 relevant facts and to issue subpoenas in accordance with the civil prac- 51 tice law and rules. In any such proceeding, the court may make allow- 52 ances to the attorney general as provided in paragraph six of subdivi- 53 sion (a) of section eighty-three hundred three of the civil practice law 54 and rules, and direct restitution. 55 § 2. This act shall take effect on the one hundred twentieth day after 56 it shall have become a law.
