Bill Text: NY A04722 | 2023-2024 | 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) 2024-01-03 - referred to consumer affairs and protection [A04722 Detail]
Download: New_York-2023-A04722-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4722 2023-2024 Regular Sessions IN ASSEMBLY February 23, 2023 ___________ Introduced by M. of A. MCGOWAN -- read once and referred to the Commit- tee 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09431-01-3A. 4722 2 1 knowledge and expertise in an unlicensed profession or field in which 2 credentials are not required, including designation as an advisor, 3 expert, guru, influencer or master. 4 2. (a) Any person or business who uses a "coaching" designation in 5 making representations for the purpose of inducing, or which are likely 6 to induce, directly or indirectly, the purchase of the individual's 7 services shall clearly and prominently disclose, in any advertisement 8 and in writing to any prospective client at the initial meeting or 9 consultation with such prospective client, the basis or source of such 10 coaching designation, including whether the coaching designation was 11 created by the person or business using it. Such person or business 12 shall disclose that he, she or it is not a licensed professional. For 13 the purposes of this section, "clearly and prominently" means: 14 (1) in written communications, including print and those made through 15 an electronic medium, including but not limited to any communications 16 appearing on any discussion board, marketplace, social media website or 17 similar platform or service, the message shall be in a type size suffi- 18 ciently noticeable for an ordinary consumer to read and comprehend it, 19 in type that contrasts with the background against which it appears; and 20 (2) in oral communications, the message shall be delivered in a volume 21 sufficient for an ordinary consumer to hear it and comprehend it. Such 22 message shall be in understandable language and syntax regardless of how 23 the message is disseminated. 24 (b) If any communication is presented solely through oral, written, or 25 visual means, the message disseminated pursuant to paragraph (a) of this 26 subdivision shall be made through the same means. 27 (c) The requirements of this subdivision supplement, and shall not be 28 construed to limit, the obligations of any professional registered or 29 licensed pursuant to any other section of law and regulations there- 30 under, nor shall they be construed to authorize the practice of any 31 licensed profession nor the offer of professional services by any unli- 32 censed person. 33 3. Such person shall not reference any specific diagnosis or mental 34 disorder classified within the most recently published edition of the 35 "Diagnostic and Statistical Manual of Mental Disorders (DSM)" published 36 by the American Psychiatric Association ("APA") or any specific diagno- 37 sis or procedure code included within the most recently published 38 revision of the International Statistical Classification of Diseases and 39 Related Health Problems("ICD"). 40 4. In addition to any civil penalty available under section three 41 hundred fifty-d of this article, whenever there shall be a violation of 42 this section, application may be made by the attorney general in the 43 name of the people of the state of New York to a court or justice having 44 jurisdiction by a special proceeding to issue an injunction, and upon 45 notice to the defendant of not less than five days, to enjoin and 46 restrain the continuance of such violation; and if it shall appear to 47 the satisfaction of the court or justice that the defendant has, in 48 fact, violated this section, an injunction may be issued by such court 49 or justice, enjoining and restraining any further violations, without 50 requiring proof that any person has, in fact, been injured or damaged 51 thereby. In connection with any such proposed application, the attorney 52 general is authorized to take proof and make a determination of the 53 relevant facts and to issue subpoenas in accordance with the civil prac- 54 tice law and rules. In any such proceeding, the court may make allow- 55 ances to the attorney general as provided in paragraph six of subdivi-A. 4722 3 1 sion (a) of section eighty-three hundred three of the civil practice law 2 and rules, and direct restitution. 3 § 2. This act shall take effect on the one hundred twentieth day after 4 it shall have become a law.
