Bill Text: NY S04846 | 2019-2020 | General Assembly | Amended
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 - Dead) 2020-07-22 - PRINT NUMBER 4846B [S04846 Detail]
Download: New_York-2019-S04846-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 4846--B 2019-2020 Regular Sessions IN SENATE March 27, 2019 ___________ Introduced by Sens. SKOUFIS, METZGER -- 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 commit- tee -- 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06213-04-0S. 4846--B 2 1 explain, in plain language, that what the risks are in contracting with 2 such self-help practitioner; 3 (b) at the time of each initial contract for services, provide the 4 client with a copy of any credentials, training, or certifications held 5 by the self-help practitioner; and 6 (c) produce a comprehensive risk management plan to ensure that steps 7 will be taken at each service or session to provide protection for 8 clients in the event that there is a potential risk of physical or 9 emotional harm. Every self-help practitioner shall be responsible for 10 ensuring that licensed professionals, including but not limited to, 11 medical professionals, social workers and psychologists, are made avail- 12 able to clients at each session or service when there is a possibility 13 of physical or emotional risk. 14 3. A violation by any self-help practitioner of subdivision two of 15 this section, if such violation constitutes the first such offense by 16 such self-help practitioner, is punishable by a civil penalty not to 17 exceed two hundred fifty dollars. A second offense and any offense 18 committed thereafter is punishable by a civil penalty not to exceed five 19 hundred dollars. 20 § 2. The executive law is amended by adding a new section 109-a to 21 read as follows: 22 § 109-a. Registration of self-help practitioners. 1. For purposes of 23 this section, "self-help practitioner" shall mean any individual, his or 24 her agent or employee, or company that is publicly holding himself or 25 herself out as a "self-help guru" or other similar term in advertising 26 or marketing and who is offering paid help to a client through finan- 27 cial, spiritual or educational guidance for the sake of improving 28 personal awareness, identifying and developing personal talent and 29 potential, enhancing the quality of life of a person and/or contributing 30 to the realization of personal aspirations. A "self-help practitioner" 31 shall not include any individual licensed pursuant to the provisions of 32 title eight of the education law; such licensed individuals shall be 33 exempt from any requirements of this article. 34 2. The secretary of state shall promulgate rules and regulations 35 prescribing a registration form to be used by any self-help practitioner 36 who provides self-help services to clients. 37 3. Such registration form shall identify: 38 (a) the name, address, and telephone number of the self-help practi- 39 tioner; and 40 (b) a brief description of the nature of the self-help services 41 provided to each identified client. 42 4. Such registration shall be filed with the department of state and 43 shall cover a twelve month reporting period. 44 5. The secretary of state shall post the completed forms on the 45 department of state's website within thirty days of the close of each 46 reporting period. 47 6. The department of state may impose a civil penalty of up to seven 48 hundred fifty dollars upon any self-help practitioner who fails to file 49 a registration required by this section provided, however, that the 50 secretary of state shall provide such self-help practitioner a reason- 51 able opportunity to cure such a failure. 52 7. The department of state shall adopt, amend and rescind rules and 53 regulations defining the degree and extent of self-help services neces- 54 sary to require the reporting pursuant to this section. 55 § 3. This act shall take effect on the ninetieth day after it shall 56 have become a law.
