S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5658--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 22, 2021
                                ___________
 
 Introduced  by  M.  of  A.  GALEF,  SEAWRIGHT, SIMON, GUNTHER, DINOWITZ,
   FORREST -- Multi-Sponsored by -- M. of A. COOK, HYNDMAN --  read  once
   and  referred  to  the Committee on Consumer Affairs and Protection --
   recommitted to the Committee on Consumer  Affairs  and  Protection  in
   accordance  with Assembly Rule 3, sec. 2 -- 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:
 
   Section 1. The general business law is amended by adding a new section
 391-w to read as follows:
   § 391-W. SELF-HELP  PRACTITIONER  DISCLOSURE  REQUIREMENTS.  1.  DEFI-
 NITIONS:
   (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 EDUCA-
 TIONAL GUIDANCE FOR THE SAKE OF IMPROVING PERSONAL AWARENESS,  IDENTIFY-
 ING  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 INDIVID-
 UAL 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.
   (C)  "SWEAT LODGE CEREMONIES" SHALL MEAN ANY CEREMONY THAT USES HEATED
 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.
                                                            LBD05428-09-2
              

 A. 5658--A                          2
 
 TO  INTENSE  HEAT,  INCLUDING  BUT  NOT LIMITED TO RITES OF PREPARATION,
 PRAYER, PURIFICATION, OR ANY OTHER RITUAL OR THERAPEUTIC SWEATING.
   (D) "TRUST EXERCISE" SHALL MEAN ANY ACTIVITY DEVELOPED FOR THE PURPOSE
 OF GROUP THERAPY OR TEAM BUILDING THAT INVOLVES PUTTING AN INDIVIDUAL IN
 A  VULNERABLE  POSITION  REQUIRING  HIM  OR HER TO DEPEND ON OTHER GROUP
 MEMBERS FOR PHYSICAL SUPPORT.
   (E) "STRENGTH EXERCISE" SHALL MEAN PHYSICAL ACTS USING ANY PART OF  AN
 INDIVIDUAL'S  BODY  TO BREAK, BEND, OR OTHERWISE DESTROY ANOTHER OBJECT,
 INCLUDING BUT NOT LIMITED TO BREAKING BRICKS, BLOCKS, BOARDS, OR BENDING
 STEEL.
   (F) "COERCIVE CONTROL TECHNIQUES" SHALL MEAN ACTIVITIES THAT  SEEK  TO
 CHANGE  BEHAVIORS  EITHER  ON A GROUP OR INDIVIDUAL LEVEL, INCLUDING BUT
 NOT LIMITED TO NEURO-LINGUISTIC PROGRAMMING, PUBLIC SHAMING, AND SHARING
 OF PERSONAL TRAUMA IN A PUBLIC SETTING OR LARGE GROUP.
   (G) "QUALIFYING EMERGENCY" SHALL MEAN:
   (I) A FEDERAL, STATE OR LOCAL STATE OF EMERGENCY HAS BEEN DECLARED.
   (II) SEVERE WEATHER OR ANY OTHER SIMILAR CIRCUMSTANCE EXISTS THAT  MAY
 RESULT  IN  AN  INDIVIDUAL  BEING  PLACED IN IMMINENT DANGER OF DEATH OR
 INJURY, OR MAY RESULT IN A BUILDING STRUCTURE AND/OR ITS FIXTURES  BEING
 AT RISK OF SIGNIFICANT DAMAGE.
   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
 EXPLAIN, IN PLAIN LANGUAGE, WHAT THE RISKS ARE IN CONTRACTING WITH  SUCH
 SELF-HELP PRACTITIONER.  SUCH DISCLOSURE SHALL INCLUDE THE FOLLOWING:
   (I)  DISCLOSURE  OF RISK OF SERIOUS INJURY, BODILY HARM, PSYCHOLOGICAL
 HARM, OR DEATH IN RELATION TO SPECIFIC ACTIVITIES, EVENTS, AND  SERVICES
 OFFERED.  SUCH  ACTIVITIES  MAY  INCLUDE,  BUT ARE NOT LIMITED TO, SWEAT
 LODGE CEREMONIES, SENSORY DEPRIVATION, FOOD  DEPRIVATION,  WATER  DEPRI-
 VATION,  SLEEP DEPRIVATION, SOCIAL ISOLATION, EXPOSURE TO LOUD NOISES OR
 MUSIC, FIRE WALKING, HYPNOSIS, ACTIVITIES USING AN  AXE  OR  ANY  WEAPON
 DEFINED  IN  SECTION 265.00 OF THE PENAL LAW, TESTS OF ENDURANCE, BREATH
 MANIPULATION TO LIMIT OXYGEN LEVELS AND INDUCE  ALTERED  MENTAL  STATES,
 TRUST  EXERCISES,  ROPE  AND  OTHER OBSTACLE COURSES, HIKES, RAPPELLING,
 STRENGTH EXERCISES, AND COERCIVE CONTROL TECHNIQUES.
   (II) A FINANCIAL DISCLAIMER THAT CLEARLY AND CONSPICUOUSLY STATES THAT
 THE SELF-HELP PRACTITIONER  IS  NOT  CERTIFIED  OR  REGISTERED  TO  GIVE
 PERSONAL FINANCIAL ADVICE, WHETHER AS AN ATTORNEY, ACCOUNTANT, OR FINAN-
 CIAL ADVISOR.
   (III)  A PROVISION THAT CLEARLY AND CONSPICUOUSLY STATES ALL NECESSARY
 INFORMATION TO CANCEL AND, IF AN AVAILABLE OPTION, REQUEST A REFUND  FOR
 SERVICES, EVENTS, AND ACTIVITIES NOT RENDERED.
   (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.
   (C)  PRODUCE A COMPREHENSIVE RISK MANAGEMENT PLAN TO ENSURE THAT STEPS
 WILL BE TAKEN AT EACH SERVICE OR  SESSION  OF  AN  ACTIVITY  TO  PROVIDE
 PROTECTION  FOR CLIENTS IN THE EVENT THAT THERE IS A REASONABLE EXPECTA-
 TION OF RISK OF PHYSICAL OR EMOTIONAL HARM OR  A  QUALIFYING  EMERGENCY.
 SUCH ACTIVITIES MAY INCLUDE, BUT ARE NOT LIMITED TO, SWEAT LODGE CEREMO-
 NIES,  SENSORY  DEPRIVATION,  FOOD DEPRIVATION, WATER DEPRIVATION, SLEEP
 DEPRIVATION, SOCIAL ISOLATION, EXPOSURE TO LOUD NOISES  OR  MUSIC,  FIRE
 WALKING,  HYPNOSIS,  ACTIVITIES  USING  AN  AXE OR ANY WEAPON DEFINED IN
 SECTION 265.00 OF THE PENAL LAW, TESTS OF ENDURANCE, BREATH MANIPULATION
 TO LIMIT OXYGEN LEVELS AND INDUCE ALTERED  MENTAL  STATES,  TRUST  EXER-
 A. 5658--A                          3
 
 CISES,  ROPE  AND  OTHER  OBSTACLE  COURSES, HIKES, RAPPELLING, STRENGTH
 EXERCISES, AND COERCIVE CONTROL TECHNIQUES.    SUCH  COMPREHENSIVE  RISK
 MANAGEMENT PLAN SHALL INCLUDE THE FOLLOWING:
   (I)  A  DETAILED  ITEMIZED  LIST  OF  EMERGENCY  RESOURCES  AND  THEIR
 LOCATIONS, INCLUDING BUT NOT LIMITED TO WATER, FOOD,  MEDICAL  SUPPLIES,
 AND COOLING AND HEATING TENTS.
   (II)  A  DETAILED  OUTLINE  OF  THE NECESSARY ACTIONS BY THE SELF-HELP
 PRACTITIONER OR OTHER SPONSORS  OF  THE  ACTIVITY  IN  PROVIDING  TIMELY
 NOTIFICATION TO THE RESPONSIBLE MUNICIPAL, COUNTY, STATE AGENCY OR OFFI-
 CIAL IN THE EVENT OF A QUALIFYING EMERGENCY.
   (III)  AN EMERGENCY CONTACT LIST FOR THE SELF-HELP PRACTITIONER, EVENT
 LEADERSHIP, AND ON-SITE MEDICAL PROFESSIONALS AS REQUIRED  BY  PARAGRAPH
 (D)  OF  THIS  SUBDIVISION,  TO  BE DISTRIBUTED TO MEMBERS ATTENDING THE
 ACTIVITY.
   (IV) LOCATION OF EMERGENCY EXITS, FORMS OF EGRESS IN THE  EVENT  OF  A
 FIRE  OR  SIMILAR  EMERGENCY, AND LOCATION OF SHELTER-IN-PLACE GATHERING
 POINTS.
   (D) BE RESPONSIBLE FOR ENSURING THAT LICENSED PROFESSIONALS, INCLUDING
 BUT NOT LIMITED TO, MEDICAL PROFESSIONALS, SOCIAL WORKERS  AND  PSYCHOL-
 OGISTS,  ARE  MADE  AVAILABLE TO CLIENTS AT EACH SESSION OR SERVICE WHEN
 THERE IS A REASONABLE EXPECTATION OF PHYSICAL OR EMOTIONAL  RISK  OR  IF
 ANY  ACTIVITY  THAT  REQUIRES A COMPREHENSIVE RISK MANAGEMENT PLAN TO BE
 DEVELOPED IN ACCORDANCE WITH PARAGRAPH (C) OF THIS SUBDIVISION IS TAKING
 PLACE.
   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  FINAN-
 CIAL,  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 PRACTI-
 TIONER; 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.
 A. 5658--A                          4
 
   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  REASON-
 ABLE 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  NECES-
 SARY TO REQUIRE THE REPORTING PURSUANT TO THIS SECTION.
   8.  ANY  REPRESENTATIONS  DISSEMINATED  IN  ANY MANNER OR BY ANY MEANS
 INCLUDING DIGITALLY OR BY STATEMENT, WORD, DESIGN, DEVICE, SOUND OR  ANY
 COMBINATION THEREOF, FOR THE PURPOSE OF INDUCING, OR WHICH ARE LIKELY TO
 INDUCE, DIRECTLY OR INDIRECTLY, BY ANY REASONABLE PERSON, THAT THE SELF-
 HELP  PRACTITIONER,  HIS  OR  HER PRODUCT, OR HIS OR HER CREDENTIALS ARE
 ENDORSED, DIRECTLY OR INDIRECTLY, BY THE STATE AS A RESULT OF SUCH SELF-
 HELP  PRACTITIONER'S  REGISTRATION  IN  ACCORDANCE  WITH  SECTION  THREE
 HUNDRED NINETY-ONE-W OF THE GENERAL BUSINESS LAW SHALL BE PROHIBITED.
   9. THE DEPARTMENT OF STATE SHALL IMPOSE A CIVIL PENALTY OF UP TO SEVEN
 HUNDRED  FIFTY  DOLLARS  UPON  ANY  SELF-HELP  PRACTITIONER  WHO  IS  IN
 VIOLATION OF SUBDIVISION EIGHT OF THIS SECTION.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.