BILL NUMBER: S7727
SPONSOR: SKOUFIS
TITLE OF BILL:
An act to amend the general business law, in relation to requiring
certain non-licensed professionals to disclose information regarding
risks
PURPOSE:
This bill will establish guidelines and a registry for self-help indus-
try to improve consumer safety.
SUMMARY OF PROVISIONS:
Section 1: Amends the general business law to add a new section 391-w to
define "self-help practitioner" and other terms related to the industry
and establishes guidelines requiring that self-help practitioners
provide clients with a contract that includes a disclosure of risk
displayed in large-print format. The contract must also include copies
of any credentials, training, or certifications the self-help practi-
tioner holds. Self-help practitioners must also develop a comprehensive
risk management plan to ensure that steps are taken to protect clients
if there is a reasonable expectation of risk of physical or emotional
harm. Establishes fines for violating this subsection.
Section 2: Sets effective date.
JUSTIFICATION:
Some self-help practitioners exploit vulnerable individuals and may
endanger their well-being by using psychological techniques without
proper certification or engaging in therapeutic practices for which they
are inadequately trained. Additionally, exposing participants to intense
physical exertion or stress without qualified medical supervision can
lead to serious, preventable injuries-and in extreme cases, even death.
Currently, there are no legal requirements mandating risk management
plans for physically demanding self-help events. The unchecked actions
of unlicensed practitioners can result in substantial financial,
emotional, and physical harm. Establishing requirements for clear
disclosure of activity-related risks and requiring self-help practition-
ers to register with New York State would provide essential protections
and enhance public safety.
LEGISLATIVE HISTORY:
Senate
2017: S6018, Referred to Consumer Protection
2018: S6018, Referred to Consumer Protection
2019: S4846B, Referred to Consumer Protection
2020: S4846B, Referred to Consumer Protection
2021: S1643B, Referred to Consumer Protection
2022: S1643B, Referred to Consumer Protection
2023: S1155A, Referred to Consumer Protection
2024: S1155A, Passed Senate
Assembly
2017: A6262, Referred to consumer affairs and protection
2018: A6262, Referred to consumer affairs and protection
2019: A7453A, Referred to consumer affairs and protection
2020: A7453A, Referred to consumer affairs and protection
2021: A5658A, Referred to consumer affairs and protection
2022: A5658A, Referred to consumer affairs and protection
2023: A4166A, Referred to consumer affairs and protection
2024: A4166A, Referred to consumer affairs and protection
FISCAL IMPLICATIONS:
Minimal.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.