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

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-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         4846--A

                               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

        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  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
    22  explain,  in plain language, that what the risks are in contracting with
    23  such self-help practitioner;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06213-02-0
        S. 4846--A                          2

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