Bill Text: NY A04166 | 2023-2024 | General Assembly | Amended
Bill Title: Requires self-help practitioners to disclose information to clients regarding risks and to produce a risk management plan.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-05-24 - print number 4166a [A04166 Detail]
Download: New_York-2023-A04166-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 4166--A 2023-2024 Regular Sessions IN ASSEMBLY February 10, 2023 ___________ Introduced by M. of A. LEVENBERG, SIMON -- read once and referred to the Committee on Consumer Affairs and Protection -- recommitted to the Committee on Consumer Affairs and Protection in accordance with Assem- bly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general business 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-w to read as follows: 3 § 391-w. Self-help practitioner disclosure requirements. 1. Defi- 4 nitions: 5 (a) "Self-help practitioner" means any individual, their agent or 6 employee, or company that is publicly holding themself out as a practi- 7 tioner or mentor of self-improvement methods in advertising or marketing 8 or utilizing similar terminologies to reach equivalent implications, and 9 is offering financial, spiritual or educational guidance for the purpose 10 of improving personal awareness, identifying and developing personal 11 talent and potential, enhancing the quality of life of a person and/or 12 contributing to the realization of personal aspirations in exchange for 13 payment. A "self-help practitioner" shall not include any individual 14 licensed pursuant to the provisions of title eight of the education law 15 and such licensed individuals shall be exempt from any requirements of 16 this article. 17 (b) "Large print format" shall mean a printed font size of sixteen 18 points or larger. 19 (c) "Sweat lodge ceremonies" shall mean any ceremony that uses heated 20 rocks in which the individual is subjected to long periods of exposure EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03725-04-4A. 4166--A 2 1 to intense heat, including but not limited to rites of preparation, 2 prayer, purification, or any other ritual or therapeutic sweating. 3 (d) "Trust exercise" shall mean any activity developed for the purpose 4 of group therapy or team building that involves putting an individual in 5 a vulnerable position requiring such individual to depend on other group 6 members for physical support. 7 (e) "Strength exercise" shall mean physical acts using any part of an 8 individual's body to break, bend, or otherwise destroy another object, 9 including but not limited to breaking bricks, blocks, boards, or bending 10 steel. 11 (f) "Coercive control techniques" shall mean activities that seek to 12 change behaviors either on a group or individual level, including but 13 not limited to neuro-linguistic programming, public shaming, and sharing 14 of personal trauma in a public setting or large group. 15 (g) "Qualifying emergency" shall mean: 16 (i) a federal, state or local state of emergency has been declared. 17 (ii) severe weather or any other similar circumstance exists that may 18 result in an individual being placed in imminent danger of death or 19 injury, or may result in a building structure and/or its fixtures being 20 at risk of significant damage. 21 2. Every self-help practitioner that offers services to clients shall: 22 (a) at the time of each initial contract for services, provide the 23 client with a copy of the contract in which a disclosure of risk is 24 displayed in large print format. Such disclosure of risk shall clearly 25 explain, in plain language, what the risks are in contracting with such 26 self-help practitioner. Such disclosure shall include the following: 27 (i) Disclosure of risk of serious injury, bodily harm, psychological 28 harm, or death in relation to specific activities, events, and services 29 offered. Such activities may include, but are not limited to, sweat 30 lodge ceremonies, sensory deprivation, food deprivation, water depri- 31 vation, sleep deprivation, social isolation, exposure to loud noises or 32 music, fire walking, hypnosis, activities using an axe or any weapon 33 defined in section 265.00 of the penal law, tests of endurance, breath 34 manipulation to limit oxygen levels and induce altered mental states, 35 trust exercises, rope and other obstacle courses, hikes, rappelling, 36 strength exercises, and coercive control techniques. 37 (ii) A financial and legal disclaimer that clearly and conspicuously 38 states that the self-help practitioner is not certified or registered to 39 give personal financial and/or legal advice, whether as an attorney, 40 accountant, or financial advisor. 41 (iii) A provision that clearly and conspicuously states all necessary 42 information to cancel and, if an available option, request a refund for 43 services, events, and activities not rendered. 44 (b) at the time of each initial contract for services, provide the 45 client with a copy of any credentials, training, or certifications held 46 by the self-help practitioner. 47 (c) produce a comprehensive risk management plan to ensure that steps 48 will be taken at each service or session of an activity to provide 49 protection for clients in the event that there is a reasonable expecta- 50 tion of risk of physical harm or a qualifying emergency. Such activities 51 may include, but are not limited to, sweat lodge ceremonies, sensory 52 deprivation, food deprivation, water deprivation, sleep deprivation, 53 social isolation, exposure to loud noises or music, fire walking, hypno- 54 sis, activities using an axe or any weapon defined in section 265.00 of 55 the penal law, tests of endurance, breath manipulation to limit oxygen 56 levels and induce altered mental states, trust exercises, rope and otherA. 4166--A 3 1 obstacle courses, hikes, rappelling, strength exercises, and coercive 2 control techniques. Such comprehensive risk management plan shall 3 include the following: 4 (i) A detailed itemized list of emergency resources and their 5 locations, including but not limited to water, food, medical supplies, 6 and cooling and heating tents. 7 (ii) A detailed outline of the necessary actions by the self-help 8 practitioner or other sponsors of the activity in providing timely 9 notification to the responsible municipal, county, state agency or offi- 10 cial in the event of a qualifying emergency. 11 (iii) An emergency contact list for the self-help practitioner, event 12 leadership, and on-site medical professionals as required by paragraph 13 (d) of this subdivision, to be distributed to members attending the 14 activity. 15 (iv) Location of emergency exits, forms of egress in the event of a 16 fire or similar emergency, and location of shelter-in-place gathering 17 points. 18 (d) be responsible for ensuring that licensed medical professionals 19 are made available to clients at each session or service when there is a 20 reasonable expectation of physical risk or if any activity that requires 21 a comprehensive risk management plan to be developed in accordance with 22 paragraph (c) of this subdivision is taking place. 23 3. A violation by any self-help practitioner of subdivision two of 24 this section, if such violation constitutes the first such offense by 25 such self-help practitioner, is punishable by a civil penalty not to 26 exceed two hundred fifty dollars. A second offense and any offense 27 committed thereafter is punishable by a civil penalty not to exceed five 28 hundred dollars. 29 § 2. This act shall take effect on the ninetieth day after it shall 30 have become a law.
