HB2634

Report Title:

Hypnotherapist Licensing

Description:

Provides for licensing and other regulation of hypnotherapists through the establishment of a board of hypnotherapy and licensing standards and requirements.

HOUSE OF REPRESENTATIVES	H.B. NO.	2634
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

A BILL FOR AN ACT

relating to professions and occupations.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The purpose of this Act is to protect the public by setting licensing standards for the practice of hypnotherapy.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

HYPNOTHERAPISTS

§ -1 Definitions. As used in this chapter:

"Board" means the board of hypnotherapy.

"Hypnotherapy" means the induction of a hypnotic state in a person to increase motivation or alter behavioral patterns for purposes that include the person's recreational, vocational, or self-improvement goals including:

(1) Smoking cessation

(2) Weight control;

(3) Surgery preparation;

(4) Pregnancy and childbirth;

(5) Memory improvement;

(6) Bed-wetting control;

(7) Nail biting control;

(8) Stuttering control;

(9) Fear and phobia control;

(10) Self-confidence enhancement; and

(11) Sports performance enhancement.

"Hypnotherapy practice" includes:

(1) Consultation with a person to determine the nature of the person's problem;

(2) Assessment of a person to determine suitability for hypnotherapy and the degree of the person's physical and emotional suggestibility;

(3) Preparation of a person to enter into a hypnotic state;

(4) Instruction of a person in self-hypnosis conditioning;

(5) Induction of the hypnotic state in a person using individualized methods and techniques based on interpretation of test results and analysis of the person's problems; and

(6) Discussion of the results of hypnosis with the person who has received hypnotherapy.

§ -2 Board of hypnotherapy. (a) There is established within the department for administrative purposes a board of hypnotherapy. The board shall consist of six members to be appointed by the governor and to serve terms as provided by section 26-34, of which:

(1) Three shall be hypnotherapists licensed under this chapter who have ten years of documented practice as hypnotherapists in the State;

(2) One shall be a physician licensed under chapter 453;

(3) One shall be a psychologist licensed under chapter 465; and

(4) One shall be a member of the public who is not a licensed health care provider;

provided that the hypnotherapists initially appointed to the board shall not be required to possess a license in accordance with this chapter. Of the initial appointments to the board, three members shall serve for two years until a successor is nominated and appointed.

(b) Immediately upon the qualification and appointment of the original members of the board, and annually thereafter, the board shall select a chairperson and a secretary. Meetings of the board shall be held as the board's duties require and may be called by the chairperson; provided that written notification of the meeting is sent to each board member at least fourteen calendar days in advance of the meeting. A quorum to do business shall consist of four members. The concurrence of a majority of the members to which the board is entitled shall be necessary to make any action taken by the board valid. The board shall keep a record of its proceedings.

§ -3 Board powers and duties. In addition to any other powers and duties authorized by law, the board shall:

(1) Develop standards for licensure;

(2) Prepare, administer, and grade examinations, or contract with a testing agency for such services;

(3) Issue, renew, suspend, and revoke licenses;

(4) Develop fee schedules;

(5) Investigate and conduct hearings regarding any violation of this chapter;

(6) Adopt rules in accordance with chapter 91 to carry out the purposes of this chapter; and

(7) Do all things necessary to carry out its duties under this chapter and under chapter 436B.

§ -4 License required. Except as otherwise provided by law, no person shall practice hypnotherapy in this State either gratuitously or for pay, or shall offer to so practice, or shall announce publicly or privately as prepared or qualified to practice any method of hypnotherapy without being licensed as provided in this chapter.

§ -5 Exemptions. (a) Nothing in this chapter shall be construed to:

(1) Limit or prevent a licensed physician, clinical psychologist, clinical social worker, clinical professional counselor, or marriage and family therapist from engaging in the practice of hypnotherapy; or

(2) Require such persons to receive specific training or supervised practice in hypnosis or hypnotherapy beyond the requirements of their licensed profession.

(b) A hypnotherapist licensed or registered in another state or country shall be exempt from the license requirement under this chapter for the purpose of participating in demonstrations or lectures at hypnotherapy or medical society meetings or at hypnotherapy schools.

§ -6 Examination; qualifications. (a) No person shall be licensed to practice hypnotherapy unless the person has passed an examination prepared by the board and been found to possess any other qualifications required by rules adopted by the board.

(b) An applicant eligible for examination shall have furnished satisfactory proof to the board that that the applicant has:

(1) Received not less than one hundred hours of instruction consisting of a formal program of the theory of and training in hypnotherapy at an institute or school approved by the board;

(2) Satisfactorily completed a curriculum that includes:

(A) The history of hypnosis;

(B) Client assessment techniques;

(D) Induction and dehypnotization techniques;

(E) Deepening techniques;

(F) Principles of post-hypnotic suggestion;

(G) Contraindications for hypnosis;

(H) Treatment planning;

(I) Self-hypnosis training;

(J) Administration and record-keeping; and

(K) Law and ethics of hypnotherapy, including instruction in the application of the limits of practice under this chapter;

(3) Completed a minimum of two hundred hours of supervised practice of hypnotherapy with a licensed hypnotherapist who is qualified for the independent practice of hypnotherapy and has practiced as a hypnotherapist for at least three years; and

(4) Is at least twenty-one years of age and has not engaged in conduct or activities that would constitute grounds for discipline under this chapter.

(1) An honorary degree; or

(2) A degree or certificate in hypnotherapy from a foreign university, school, college, or other institution whose curricula and standards are not equivalent to or higher than those of domestic institutions which have been recognized and approved by the board.

(d) An applicant who has practiced hypnotherapy in this State for five years prior to the effective date of this Act but does not meet the minimum requirements for examination under this section may become licensed under this chapter by passing an examination and providing proof of experience and qualifications as required by the board.

§ -7 Reciprocity. The board may license persons licensed or registered to practice hypnotherapy under the laws of another state whose requirements for registration or licensing are, on the date that the applicant was licensed or registered, substantially equal to requirements under this chapter. Applicants for licensing under this subsection shall pay all required fees.

§ -8 Biennial renewal. Every person holding a license under this chapter shall register with the board and pay a license fee on or before January 31 of each odd-numbered year. Failure to pay the fee shall constitute a forfeiture of the license as of the date of expiration of the license. Any license so forfeited may be restored upon filing of an application and payment of a restoration and any other applicable fee within one year after the date of expiration.

§ -9 Continuing education. The board shall not renew a license unless the holder submits proof satisfactory to the board that during the two-year period preceding the application for renewal, the applicant has completed no fewer than fifteen hours of continuing education in hypnosis or hypnotherapy that meets the guidelines established by the rules of the board.

§ -10 Revocation or suspension of licenses. A license to practice hypnotherapy may be revoked or suspended by the board in a proceeding before the board for any cause authorized by law, including but not limited to the following:

(1) Obtaining a fee on the assurance that a manifestly incurable condition may be permanently cured;

(2) The use of false, fraudulent, or deceptive advertising and untruthful statements;

(3) Habitually using any habit-forming controlled substance, such as opium or any of its derivatives, morphines, heroin, or cocaine;

(4) Professional misconduct or gross carelessness or manifest incapacity in the practice of hypnotherapy; or

(5) Violation of this chapter or any rule adopted thereunder.

§ -11 Unlicensed practice of hypnotherapy prohibited; penalty. (a) No person shall:

(1) Practice, treat, or instruct in any phase of hypnotherapy; or

(2) Use the title "hypnotherapist", "licensed hypnotherapist", "certified hypnotherapist", or any word or title to induce the belief that the person is engaged in the practice of hypnotherapy,

without being licensed under this chapter, or without being licensed or registered and practicing hypnotherapy or using the title of hypnotherapist as provided under section -5.

(b) No person shall fraudulently sell or obtain any diploma or license to practice hypnotherapy.

(c) Each violation of subsection (a) or (b) shall be punishable as a misdemeanor and subject to a fine of not less than $50 and not more than $1,000.

(d) The remedies in this section shall be cumulative and in addition to any other equitable and legal relief provided by law."

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________