PRINTER'S NO. 615
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
672
Session of
2023
INTRODUCED BY PROBST, SIEGEL, GIRAL, SANCHEZ, MADDEN AND KINSEY,
MARCH 23, 2023
REFERRED TO COMMITTEE ON CONSUMER PROTECTION, TECHNOLOGY AND
UTILITIES, MARCH 23, 2023
AN ACT
Providing for the disclosure of information by professionals
unlicensed by the Commonwealth; imposing duties on the
Attorney General; and imposing a penalty.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Disclosure of
Coach Credentials Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Clearly and prominently disclose." As follows:
(1) In written communications, including print and an
electronic medium, the message shall be in a type size
sufficiently noticeable for an ordinary consumer to read and
comprehend and in type that contrasts with the background
against which it appears.
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(2) In oral communications the message shall be
delivered in a volume sufficient for an ordinary individual
to hear it and comprehend it and shall be understandable
language and syntax regardless of how the message is
disseminated.
"Client." An individual or group who receives services from
a coach.
"Coach." As follows:
(1) An individual or business who uses "coach" as a
professional designation, title, credential, certification or
description that indicates the individual or business has
special skills, knowledge, expertise, experience or training
designed to assist a client in achieving one or more of the
client's specific goals, tasks, objectives or aspirations
related to a specific field or activity by providing
instruction, education, advice, guidance, counseling,
training, direction, support, encouragement, motivation or
other forms of assistance designed to aid the client in
developing, improving, managing and maintaining the skills,
abilities, behaviors or attitudes necessary for the client's
growth, development, improvement and overall success in a
field or activity.
(2) The term includes any similar designations
indicating special knowledge and expertise in an unlicensed
profession or field in which credentials are not required,
including designations as an advisor, expert, guru,
influencer or master.
(3) The term does not include an individual who coaches
a sport.
"Electronic medium." Communications appearing on a
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discussion board, marketplace, social media website or similar
platform or service.
"Sport." An activity involving physical exertion and skill
in which an individual or team competes against another
individual or team for entertainment, whether at the
recreational, scholastic, intramural, club, collegiate,
professional or other level.
Section 3. Disclosure of credentials.
(a) Requirement.--An individual or business who holds
themselves out to the public as a coach shall clearly and
prominently disclose in writing at an initial meeting or
consultation with a prospective client:
(1) The credentials that are the basis or source for
representation as a coach.
(2) Whether the representation as a coach was solely
created by the individual or business.
(3) Disclose whether the coach is licensed by the
Commonwealth.
(b) Method of disclosure.--
(1) If the first communication with a client is oral,
the requirement under subsection (a) shall be given orally.
(2) If the first communication with a client is written,
the requirement under subsection (a) shall be written.
(3) If the first communication with a client is visual,
the requirement under subsection (a) shall be visual.
Section 4. Prohibiting a diagnosis.
In a capacity as a coach, the coach shall not reference any
specific diagnosis or mental disorder that would be classified
or diagnosed by a health care practitioner as defined under
section 103 of the act of July 19, 1979 (P.L.130, No.48), known
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as the Health Care Facilities Act.
Section 5. Violation.
(a) Investigation.--In connection with the petition filed
under subsection (b), the Attorney General may collect evidence,
make a determination of relevant facts, issue subpoenas to
investigate violations of this act and seek restitution for
victims.
(b) Injunction.--After at least five days of notice to a
defendant, the Attorney General may file a petition of
injunction in a court of competent jurisdiction against an
individual or business who violates this act to enjoin and
restrain the continuance of the violation. If a court finds that
a defendant has violated this act, an injunction may be issued
without proof of injury or damages.
Section 6. Construction.
The requirements of this act shall not be construed to limit
the obligations of a professional registered or licensed under
another law of this Commonwealth, nor shall this act be
construed to authorize the practice of a licensed profession nor
the offer of professional services by an unlicensed person.
Section 7. Effective date.
This act shall take effect in 120 days.
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