Bill Text: NY S04846 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4846
                               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
        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-u to read as follows:
     3    § 391-u. Self-help practitioners; requirements. 1. Definitions:
     4    (a) "Self-help practitioner" means a non-licensed professional, his or
     5  her agent or employee, or a non-licensed company who  is  offering  paid
     6  help  to  a  client through financial, spiritual or educational guidance
     7  for the sake of improving personal awareness, identifying and developing
     8  personal talent and potential, enhancing the quality of life of a person
     9  and/or contributing to the realization of personal aspirations.
    10    (b) "Large print format" shall mean a printed  font  size  of  sixteen
    11  points or larger.
    12    (c) "Licensed professional" means a professional who can deal with any
    13  risk  associated  with  exercises  related  to  a  self-help  service or
    14  session.
    15    2. Every self-help practitioner that offers services to clients shall:
    16  (a) at the time of each  initial  contract  for  services,  provide  the
    17  client  with  a  copy  of  the contract in which a disclosure of risk is
    18  displayed in large print format. Such disclosure of risk  shall  clearly
    19  explain,  in plain language, that what the risks are in contracting with
    20  such self-help practitioner; and
    21    (b) produce a comprehensive risk management plan to ensure that  steps
    22  will  be  taken  at  each  service  or session to provide protection for
    23  clients in the event that there is  a  potential  risk  of  physical  or
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06213-01-9
        S. 4846                             2
     1  emotional  harm.  Every  self-help practitioner shall be responsible for
     2  ensuring that licensed professionals,  including  but  not  limited  to,
     3  medical professionals, social workers and psychologists, are made avail-
     4  able  to  clients at each session or service when there is a possibility
     5  of physical or emotional risk.
     6    3. A violation by any self-help practitioner  of  subdivision  two  of
     7  this  section,  if  such violation constitutes the first such offense by
     8  such self-help practitioner, is punishable by a  civil  penalty  not  to
     9  exceed  two  hundred  fifty  dollars.  A  second offense and any offense
    10  committed thereafter is punishable by a civil penalty not to exceed five
    11  hundred dollars.
    12    § 2. The executive law is amended by adding a  new  section  109-a  to
    13  read as follows:
    14    §  109-a.  Registration of self-help practitioners. 1. For purposes of
    15  this section, "self-help practitioner" shall mean a non-licensed profes-
    16  sional, his or her agent or employee, or a non-licensed company  who  is
    17  offering  paid  help  to a client through financial, spiritual or educa-
    18  tional guidance for the sake of improving personal awareness,  identify-
    19  ing  and developing personal talent and potential, enhancing the quality
    20  of life of a person and/or contributing to the realization  of  personal
    21  aspirations.
    22    2.  The  secretary  of  state  shall  promulgate rules and regulations
    23  prescribing a registration form to be used by any self-help practitioner
    24  who provides self-help services to clients.
    25    3. Such registration form shall identify:
    26    (a) the name, address, and telephone number of the  self-help  practi-
    27  tioner; and
    28    (b)  a  brief  description  of  the  nature  of the self-help services
    29  provided to each identified client.
    30    4. Such registration shall be filed with the department of  state  and
    31  shall cover a twelve month reporting period.
    32    5.  The  secretary  of  state  shall  post  the completed forms on the
    33  department of state's website within thirty days of the  close  of  each
    34  reporting period.
    35    6.  The  department of state may impose a civil penalty of up to seven
    36  hundred fifty dollars upon any self-help practitioner who fails to  file
    37  a  registration  required  by  this  section provided, however, that the
    38  secretary of state shall provide such self-help practitioner  a  reason-
    39  able opportunity to cure such a failure.
    40    7.  The  department  of state shall adopt, amend and rescind rules and
    41  regulations defining the degree and extent of self-help services  neces-
    42  sary to require the reporting pursuant to this section.
    43    §  3.  This  act shall take effect on the ninetieth day after it shall
    44  have become a law.