NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8791
SPONSOR: Levenberg 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 OR GENERAL IDEA OF BILL:
The purpose of this legislation is to require certain non-licensed
professionals to disclose information regarding risks.
SUMMARY OF PROVISIONS:
Section 1. Adds section, 391-x. 'Self Help Practitioner Disclosure
Requirements', and defines 'self-help practitioner', 'large print
format', 'sweat lodge ceremonies', 'trust exercise', 'strength exer-
cise', 'coercive control techniques', a 'qualifying emergency'. It also
requires that self-help practitioners provide clients with a contract
that includes a disclosure of risk, displayed in large-print format,
copies of credentials, training, or certifications held by the self-help
practitioners, 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. Lastly, it establishes fines for
violating this subsection.
Section 2. Establishes the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
Not application at this time.
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.
PRIOR LEGISLATIVE HISTORY:
A.6262 and S.6018 of 2017/2018; A.7453-A and S.4846-B of 2019/2020;
A.5658-A and S.1643-B of 2021/2022; A.4166-A and S.1155-A of 2023/2024
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined and expected to be minimal.
EFFECTIVE DATE:
This act shall take effect on the 90th day after it shall have become
law.
