SB2497

Report Title:

Hypnotherapists; Licensure

Description:

Licenses hypnotherapists. Establishes a board of hypnotherapy in the department of commerce and consumer affairs. Establishes examination requirements. Provides for reciprocity.

THE SENATE	S.B. NO.	2497
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO HYPNOTHERAPISTS.

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

SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

HYPNOTHERAPY

§ -1 Declaration of necessity for regulation and control. The purpose of this chapter is to set standards for the qualifications and experience of practitioners of hypnotherapy, to uphold standards of professional performance for those licensed to practice hypnotherapy in the State, and to protect the public from unprofessional conduct by persons licensed to practice hypnotherapy under this chapter.

§ -2 Definitions. As used in this chapter:

"Board" means the board of hypnotherapy.

"Department" means the department of commerce and consumer affairs.

"Director" means the director of commerce and consumer affairs.

"Earned degree" means an academically or clinically obtained degree (not honorary).

"Hypnotherapy" means the induction of a hypnotic state in a client to increase motivation or alter behavioral patterns. "Hypnotherapy" includes:

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

(2) Assessment of a client to determine the client's suitability for hypnotherapy;

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

(4) Explanation to a client of the nature of the hypnotic state;

(5) Instruction of a client in self-hypnosis conditioning;

(6) Testing a client to determine the degree of physical and emotional suggestibility;

(7) Induction of the hypnotic state using individualized methods and techniques based on interpretation of test results and analysis of problems;

(8) Discussion with a client regarding the results of hypnosis; and

(9) The use of hypnotic techniques for the recreational, vocational, or self-improvement goals of a person, including:

(A) Smoking cessation;

(B) Weight control;

(D) Pregnancy and childbirth;

(E) Memory improvement;

(F) Control of bed-wetting;

(G) Control of nail biting;

(H) Control of stuttering;

(I) Control of fears and phobias;

(J) Self-confidence;

(K) Sports performance enhancement;

(L) Test and study performance; and

(M) Self-hypnosis.

"Hypnotherapist" means a person engaged in the practice of hypnotherapy.

"Qualified supervisor" means any person who is a registered hypnotherapist who meets the qualifications for the independent practice of hypnotherapy and has been in practice as a hypnotherapist for at least three years.

§ -3 License required. Except as otherwise provided by law, no person may practice hypnotherapy in this State either gratuitously or for pay, or shall offer to so practice, or may announce themselves publicly or privately as prepared or qualified to so practice any method of hypnotherapy without having a valid unrevoked license from the State.

§ -4 Physicians and psychologists exempt. Nothing in this chapter shall be construed to limit or prevent a physician licensed under chapter 453 or 460, a licensed clinical psychologist, a licensed clinical social worker, or a licensed marriage and family therapist from engaging in the practice of hypnotherapy. Nothing in this chapter shall be construed to require a licensed physician, a licensed clinical psychologist, a licensed clinical social worker, or a licensed marriage and family therapist to receive specific training or supervised practice in hypnosis or hypnotherapy beyond the requirements that may be specified in the laws regulating those professions.

§ -5 Exemptions. A hypnotherapist licensed in another state or country shall be exempt from licensing procedures set forth in this chapter for demonstrations or lectures to be given at hypnotherapy or medical society meetings or at hypnotherapy schools.

§ -6 Qualifications for examination. (a) No person shall be licensed to practice hypnotherapy unless the person has passed an examination and has been found to have the necessary qualifications as prescribed in the rules adopted by the board pursuant to chapter 91.

(b) Before any applicant shall be eligible for the examination, the applicant shall furnish satisfactory proof to the board that the applicant has received a total of not less than one hundred hours of education and training consisting of a formal program in the training and theory of hypnotherapy at an institute or school approved by the board.

(1) Instruction in the history of hypnosis;

(2) Techniques of client assessment;

(3) Suggestibility testing;

(4) Induction and dehypnotization techniques;

(5) Deepening techniques;

(6) Principles of post-hypnotic suggestion;

(7) Contraindications for hypnosis;

(8) Treatment planning;

(9) Self-hypnosis training;

(10) Administration and record-keeping;

(11) Law and ethics relating to hypnotherapy; and

(12) An orientation to the limits of practice specified in this chapter sufficient to allow a reasonable person to make an informed decision if the client's problem reasonably falls within the scope of practice of a licensed hypnotherapist.

(d) Applicants shall have completed a minimum of two hundred hours of supervised practice of hypnotherapy with a person who is a qualified supervisor.

(e) Applicants shall be at least twenty-one years of age and have not engaged in conduct or activities that would constitute grounds for discipline under this chapter.

(f) Applicants who have been practicing hypnotherapy in this State for five years prior to the effective date of this Act and who do not meet the minimum requirements stated in this chapter shall be invited by the board to take the examination and prove themselves experienced, qualified, ethical, and professional through an interview with the board.

§ -7 Board of hypnotherapy. (a) There shall be established in the department of commerce and consumer affairs for administrative purposes a board of hypnotherapy, the members of which shall be appointed by the governor pursuant to section 26-34. The board shall consist of six persons, three of whom shall be hypnotherapists licensed in accordance with this chapter, one of whom shall be a physician licensed under chater 453 or 460, one of whom shall be a licensed psychologist, and one of whom shall be a member of the public and who is not a licensed health care provider.

(b) Effective July 1, 2012, hypnotherapist members of the board shall be persons who can document the practice of hypnotherapy in the State for ten years.

(d) The members of the board shall be compensated in the same manner as other state examining boards.

(e) The board shall organize annually and select a chairperson and a secretary. A quorum shall consist of four members. Meetings of the board shall be held as frequently as its duties may require. Meetings of the board may be called by the chairperson provided that:

(1) Written notification of those meetings shall be subject to chapter 92; and

(2) Notice shall be sent to each board member at least fourteen calendar days in advance of the meeting.

§ -8 Powers and duties of the board. In addition to any other powers and duties authorized by law, the board shall:

Adopt rules in accordance with chapter 91 to carry out the purposes of this chapter, with special emphasis on the health and safety of the public;
Develop standards for licensure;
Prepare, administer, and grade examinations; provided that the board may contract with a testing agency to provide those services;
Issue, renew, suspend, and revoke licenses, including developing fee schedules;
Register applicants or holders of licenses;
Investigate and conduct hearings regarding any violation of this chapter and any rules of the board;
Maintain a record of its proceedings; and
Do all things necessary to carry out the functions, powers, and duties set forth in this chapter.

§ -9 Biennial renewal. Every person holding a license under this chapter shall register with the board and pay a biennial fee on or before January 31 of each odd-numbered year. Failure to pay the biennial fee shall constitute a forfeiture of the license as of the date of expiration. Any license so forfeited may be restored within one year after the expiration upon filing of an application and payment of a restoration fee.

§ -10 Revocation or suspension of license. In addition to any other actions authorized by law, any license to practice hypnotherapy under this chapter may be revoked or suspended by the board at any time in a proceeding before the board for any cause authorized by law, including the following:

Obtaining a fee on the assurance that a manifestly incurable condition can be permanently cured;
The use of false, fraudulent, or deceptive advertising and making untruthful or improbable statements;
Habitually using any habit forming controlled substance, such as opium or any of its derivatives, morphine, heroin, or cocaine;
Professional misconduct or gross negligence or manifest incapacity in the practice of hypnotherapy; or
Violating any rules adopted under this chapter.

§ -11 Penalty. (a) Any person except a person licensed under this chapter who practices, treats, or instructs in any phase of hypnotherapy without a license or permit issued by the board, or uses any word or title to induce the belief that they are engaged in the practice of any type of hypnotherapy, shall be guilty of a petty misdemeanor; provided that any fine shall be not less than $50 nor more than $1,000 for each violation.

(b) Any person, except as a licensed hypnotherapist, who:

Practices or attempts to practice hypnotherapy;
Buys, sells, or fraudulently obtains any diploma or license to practice hypnotherapy whether recorded or not;
Uses 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 complying with this chapter; or
Violates this chapter;

shall be penalized as provided in subsection (a). The department may also seek all legal and equitable remedies available to it for the enforcement of this chapter, including seeking injunctive relief.

§ -12 Use of titles. A licensee who has been awarded a license to practice hypnotherapy by the board may use the title "licensed hypnotherapist" with the licensee's name in an advertisement for hypnotherapy or announce or append the designation to the licensee's name.

§ -13 Foreign school curricula and standards. The board shall not recognize or approve an earned degree or certificate from a foreign university or school or college whose curricula and standards are not equivalent to or higher than institutions in the United States which have been recognized and approved by the board in the study or practice of hypnotherapy.

§ -14 Out of state licensed hypnotherapists. The board may issue a license for the practice of hypnotherapy to persons who are already registered or licensed to practice hypnotherapy under the laws of another state if the requirements for registration or licensing in that state, on the date of licensing or registration, are substantially equivalent to the requirements of this chapter. Such applicants shall pay all required fees.

§ -15 Continuing education. No renewal of a license shall be approved by the board unless the license holder submits proof satisfactory to the board that, during the two-years period preceding the application for renewal, the applicant has participated in not less than fifteen hours of continuing education course work in hypnosis or hypnotherapy which meets the guidelines established for continuing education courses by the rules of the board."

SECTION 2. This Act shall take effect on July 1, 2002.

INTRODUCED BY:	_____________________________