S 7727 NY

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Bill No.: Summary Actions Committee&nbspVotes Floor&nbspVotes Memo Text LFIN Chamber&nbspVideo/Transcript S07727 Summary: BILL NO S07727A &nbsp SAME AS No Same As &nbsp SPONSOR SKOUFIS &nbsp COSPNSR &nbsp MLTSPNSR &nbsp Add §391-y, Gen Bus L &nbsp Requires self-help practitioners to disclose information to clients regarding risks and to produce a risk management plan.

Go to top S07727 Text:

STATE OF NEW YORK ________________________________________________________________________

7727--A

2025-2026 Regular Sessions

IN SENATE

May 1, 2025 ___________

Introduced by Sen. SKOUFIS -- 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

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-y to read as follows: 3 § 391-y. 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) "Sudation practice" shall mean any ceremony, ritual, or session in 20 which an individual or group of individuals are subjected to long peri- 21 ods of exposure to intense heat generated by any means, including but

EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00027-05-6

S. 7727--A 2

1 not limited to heated rocks, steam, dry heat, for the purposes of phys- 2 ical wellness, purification, prayer, or any other ritual or therapeutic 3 sweating. 4 (d) "Trust exercise" shall mean any activity developed for the purpose 5 of group therapy or team building that involves putting an individual in 6 a vulnerable position requiring such individual to depend on other group 7 members for physical support. 8 (e) "Strength exercise" shall mean physical acts using any part of an 9 individual's body to break, bend, or otherwise destroy another object, 10 including but not limited to breaking bricks, blocks, boards, or bending 11 steel. 12 (f) "Coercive control techniques" shall mean activities that seek to 13 change behaviors either on a group or individual level, including but 14 not limited to neuro-linguistic programming, public shaming, and sharing 15 of personal trauma in a public setting or large group. 16 (g) "Qualifying emergency" shall mean: 17 (i) a federal, state or local state of emergency has been declared. 18 (ii) severe weather or any other similar circumstance exists that may 19 result in an individual being placed in imminent danger of death or 20 injury, or may result in a building structure and/or its fixtures being 21 at risk of significant damage. 22 2. Every self-help practitioner that offers services to clients shall: 23 (a) at the time of each initial contract for services, provide the 24 client with a copy of the contract in which a disclosure of risk is 25 displayed in large print format. Such disclosure of risk shall clearly 26 explain, in plain language, what the risks are in contracting with such 27 self-help practitioner. Such disclosure shall include the following: 28 (i) Disclosure of risk of serious injury, bodily harm, psychological 29 harm, or death in relation to specific activities, events, and services 30 offered. Such activities may include, but are not limited to, sudation 31 practices, sensory deprivation, food deprivation, water deprivation, 32 sleep deprivation, social isolation, exposure to loud noises or music, 33 fire walking, hypnosis, activities using an axe or any weapon defined in 34 section 265.00 of the penal law, tests of endurance, breath manipulation 35 to limit oxygen levels and induce altered mental states, trust exer- 36 cises, rope and other obstacle courses, hikes, rappelling, strength 37 exercises, and coercive control techniques. 38 (ii) A financial and legal disclaimer that clearly and conspicuously 39 states that the self-help practitioner is not certified or registered to 40 give personal financial and/or legal advice, whether as an attorney, 41 accountant, or financial advisor. 42 (iii) A provision that clearly and conspicuously states all necessary 43 information to cancel and, if an available option, request a refund for 44 services, events, and activities not rendered. 45 (b) at the time of each initial contract for services, provide the 46 client with a copy of any credentials, training, or certifications held 47 by the self-help practitioner. 48 (c) produce a comprehensive risk management plan to ensure that steps 49 will be taken at each service or session of an activity to provide 50 protection for clients in the event that there is a reasonable expecta- 51 tion of risk of physical harm or a qualifying emergency. Such activities 52 may include, but are not limited to, sudation practices, sensory depri- 53 vation, food deprivation, water deprivation, sleep deprivation, social 54 isolation, exposure to loud noises or music, fire walking, hypnosis, 55 activities using an axe or any weapon defined in section 265.00 of the 56 penal law, tests of endurance, breath manipulation to limit oxygen

S. 7727--A 3

1 levels and induce altered mental states, trust exercises, rope and other 2 obstacle courses, hikes, rappelling, strength exercises, and coercive 3 control techniques. Such comprehensive risk management plan shall 4 include the following: 5 (i) A detailed itemized list of emergency resources and their 6 locations, including but not limited to water, food, medical supplies, 7 and cooling and heating tents. 8 (ii) A detailed outline of the necessary actions by the self-help 9 practitioner or other sponsors of the activity in providing timely 10 notification to the responsible municipal, county, state agency or offi- 11 cial in the event of a qualifying emergency. 12 (iii) An emergency contact list for the self-help practitioner, event 13 leadership, and on-site medical professionals as required by paragraph 14 (d) of this subdivision, to be distributed to members attending the 15 activity. 16 (iv) Location of emergency exits, forms of egress in the event of a 17 fire or similar emergency, and location of shelter-in-place gathering 18 points. 19 (d) be responsible for ensuring that licensed medical professionals 20 are made available to clients at each session or service when there is a 21 reasonable expectation of physical risk or if any activity that requires 22 a comprehensive risk management plan to be developed in accordance with 23 paragraph (c) of this subdivision is taking place. 24 3. This section shall not apply to the traditional, cultural, or reli- 25 gious practices of any federally recognized Native American, or Indian 26 tribe as defined in 25 USC section 5130, or any tribe officially recog- 27 nized by the state of New York, provided that such practices are 28 conducted for non-commercial purposes and are not offered as commercial 29 services to individuals who are not members of a federal or state recog- 30 nized tribe. 31 4. A violation by any self-help practitioner of subdivision two of 32 this section, if such violation constitutes the first such offense by 33 such self-help practitioner, is punishable by a civil penalty not to 34 exceed two hundred fifty dollars. A second offense and any offense 35 committed thereafter is punishable by a civil penalty not to exceed five 36 hundred dollars. 37 § 2. This act shall take effect on the ninetieth day after it shall 38 have become a law.

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