What's happening
This bill requires self-help practitioners to disclose risks, provide credentials, create risk management plans, and register annually with the state.
Why it matters
Increases transparency and accountability for self-help practitioners. by requiring clear disclosure of risks and practitioners’ qualifications, helping clients make more informed choices and reducing the likelihood of deception or harm.
Mandates risk management plans and access to licensed professionals. (such as doctors, social workers, or psychologists) if there is potential for physical or emotional harm, offering greater client protection in situations where non-licensed advice could have serious consequences.
Creates a public registry of self-help practitioners and their services. , enabling clients and regulators to track who is offering these services, what kinds of services are provided, and if practitioners are in compliance with state requirements.
Establishes civil penalties for non-compliance. , giving the state mechanisms to enforce the law and incentivizing practitioners to follow best practices, which could raise the overall standard and safety of the self-help industry.
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Who cares
Headline styles
Disclose Risks of Self-Help Services
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 39
1 Co-sponsor
History
- Print number 4846b
- Amend and recommit to consumer protection
- Print number 4846a
- Referred to consumer protection
- Referred to consumer protection
- Referred to consumer protection
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Disclose Self-Help Risks
In Assembly Committee · Consumer Affairs And Protection · Sponsor Sandy Galef
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
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 committee -- 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 Assembly, do enact as follows:
Section 1. The general business law is amended by adding a new section 391-v to read as follows:
§ 391-v. Self-help practitioner disclosure requirements. 1. Definitions:
(a) "Self-help practitioner" means any individual, his or her agent or employee, or company that is publicly holding himself or herself out as a "self-help guru" or other similar term in advertising or marketing and is offering paid help to a client through financial, spiritual or educational guidance for the sake of improving personal awareness, identifying and developing personal talent and potential, enhancing the quality of life of a person and/or contributing to the realization of personal aspirations. A "self-help practitioner" shall not include any individual licensed pursuant to the provisions of title eight of the education law and such licensed individuals shall be exempt from any requirements of this article.
(b) "Large print format" shall mean a printed font size of sixteen points or larger.
2. Every self-help practitioner that offers services to clients shall: (a) at the time of each initial contract for services, provide the client with a copy of the contract in which a disclosure of risk is 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.
LBD06213-04-0
S. 4846--B 2
explain, in plain language, that what the risks are in contracting with such self-help practitioner;
(b) at the time of each initial contract for services, provide the client with a copy of any credentials, training, or certifications held by the self-help practitioner; and
(c) produce a comprehensive risk management plan to ensure that steps will be taken at each service or session to provide protection for clients in the event that there is a potential risk of physical or emotional harm. Every self-help practitioner shall be responsible for ensuring that licensed professionals, including but not limited to, medical professionals, social workers and psychologists, are made available to clients at each session or service when there is a possibility of physical or emotional risk.
3. A violation by any self-help practitioner of subdivision two of this section, if such violation constitutes the first such offense by such self-help practitioner, is punishable by a civil penalty not to exceed two hundred fifty dollars. A second offense and any offense committed thereafter is punishable by a civil penalty not to exceed five hundred dollars.
§ 2. The executive law is amended by adding a new section 109-a to read as follows:
§ 109-a. Registration of self-help practitioners. 1. For purposes of this section, "self-help practitioner" shall mean any individual, his or her agent or employee, or company that is publicly holding himself or herself out as a "self-help guru" or other similar term in advertising or marketing and who is offering paid help to a client through financial, spiritual or educational guidance for the sake of improving personal awareness, identifying and developing personal talent and potential, enhancing the quality of life of a person and/or contributing to the realization of personal aspirations. A "self-help practitioner" shall not include any individual licensed pursuant to the provisions of title eight of the education law; such licensed individuals shall be exempt from any requirements of this article.
2. The secretary of state shall promulgate rules and regulations prescribing a registration form to be used by any self-help practitioner who provides self-help services to clients.
3. Such registration form shall identify:
(a) the name, address, and telephone number of the self-help practitioner; and
(b) a brief description of the nature of the self-help services provided to each identified client.
4. Such registration shall be filed with the department of state and shall cover a twelve month reporting period.
5. The secretary of state shall post the completed forms on the department of state's website within thirty days of the close of each reporting period.
6. The department of state may impose a civil penalty of up to seven hundred fifty dollars upon any self-help practitioner who fails to file a registration required by this section provided, however, that the secretary of state shall provide such self-help practitioner a reasonable opportunity to cure such a failure.
7. The department of state shall adopt, amend and rescind rules and regulations defining the degree and extent of self-help services necessary to require the reporting pursuant to this section.
§ 3. This act shall take effect on the ninetieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
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
Purpose
This bill will establish guidelines and registry for the self-help industry to improve consumer safety.
Summary of provisions
Section 1: Adds a new section 391-u to the General Business Law that defines "self-help practitioner" and establishes guidelines requiring that self-help practitioners provide clients with a contract that includes a disclosure of risk clearly displayed in large-print format. The contract must also include copies of any credentials, training, or certifications held by the self-help practitioner. Self-help practi- tioners must also produce a comprehensive risk management plan to ensure that steps will be taken to protect clients in the event that there is a potential risk of physical or emotional harm. Establishes fines for violating this subsection.
Section 2: Adds a new section 109-a to the Executive Law that creates a registry for self-help practitioners that will be maintained by the Department of State. Requires the Secretary of State to promulgate rules and regulations prescribing a registration form to be used by any self- help practitioner and specifies several items that must be included on the registration form.
Section 3: Effective date.
Justification
Some self-help practitioners exploit their customers and even put customers in danger, using psychological techniques they are not certi- fied in and employing therapeutic treatments they are not trained in. In addition, putting physical pressure and stress on individuals without medical professionals available to deal with possible injuries can lead to otherwise preventable bodily harm and, in some cases, even death.
There are currently no laws that require a risk management plan at phys- ically challenging events. Unlicensed self-help practitioners can cause serious financial, emotional, and physical harm to individuals. Requir- ing a full disclosure of the potential risks in any activity to clients, and requiring self-help practitioners to register with New York State will better protect the public.
Legislative history
2018: A6262/S6018 - Referred to consumer affairs and protection/consumer protection
2017: A6262/56018- Referred to consumer affairs and protection/consumer protection
Fiscal implications
Minimal.
Effective date
This act shall take effect on the ninetieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.