93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB5192


 
Introduced 02/05/04, by Donald L. Moffitt
 
SYNOPSIS AS INTRODUCED:
 		












New Act











    Creates the Hypnosis Consumer Protection Act.  Provides that a person who is
not otherwise licensed to provide some form of health care and who provides
hypnotism services shall not be in violation of the health care profession
practice Acts and shall be deemed to engage in the nontherapeutic practice of
hypnotism, unless that person engages in specified activities.  Provides that
an unlicensed person providing hypnotism services shall, prior to providing
those services, (i) disclose specified information in a plainly-worded written
statement and (ii) obtain a written acknowledgement from the client stating
that he or she has been provided with the written statement.  Provides that an
unlicensed person providing hypnotism services shall state in any advertisement
that he or she is not an Illinois licensed health care practitioner.  Provides
criminal  penalties for violation.
Effective immediately.















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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB5192

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    AN ACT concerning hypnosis. 

 
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    Be it enacted by the People of the State of Illinois, 
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represented in the General Assembly: 


 
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    Section 1. Short title.   This Act may be cited as the 
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Hypnosis Consumer
Protection Act.



 
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    Section 5. Purpose and findings.


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    (a) The use of hypnotism as a helpful practice to increase 
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self-control and
to improve personal productivity is well 
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documented in numerous studies.  The
Illinois General Assembly 
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has recognized in the past that hypnotism for
nontherapeutic 
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purposes is a lawful activity by unlicensed persons and has

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exempted such persons from the requirement for psychological 
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licensure as there
is no demonstration that their practice 
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poses an imminent risk of significant
harm to the public's 
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health and safety.
Notwithstanding this exemption, some 
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providers of hypnotism services have held
their services out to 
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the public in technical compliance with the law, but
using

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titles, representations, or academic degree designations that 
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could lead
reasonable persons to believe that the provider was 
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a licensed health care
practitioner able to treat, diagnose, or 
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prescribe.  This has resulted in
confusion among the public as 
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to the appropriate limits of practice of an
unlicensed person, 
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uncertainty in how to weigh advice given by such persons,
and 
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unfair marketing practices by some providers at the expense of 
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those who
are careful to hold services out to the public in a 
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manner that is not
deceptive.


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    (b) The General Assembly finds that the unlicensed practice 
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by persons
providing nontherapeutic hypnotism services is not 
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harmful to the public's
health and safety.  The General Assembly 
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intends, by passage of this Act, to
allow public access to 
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nontherapeutic hypnotism services and to protect the
public 
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from unlicensed providers of hypnotism services who hold 
 


 






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themselves out
to the public in a deceptive or misleading 
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manner or who seek to increase their
authority with consumers 
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by using bogus or unaccredited academic degrees.



 
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    Section 10. Nontherapeutic practice of hypnotism; 
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violation.


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    (a) Nothing in this Act shall be construed to limit the 
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activities and
services provided by a person legally regulated 
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in this State by any other Act
from engaging in the practice of 
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hypnotism if the regulatory Act governing the
person contains a 
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scope of practice that might reasonably be interpreted to

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include the use of hypnotism.


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    (b) Notwithstanding any other provision of law, a person 
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who is not
otherwise licensed to provide some form of health 
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care by a valid Illinois
regulatory Act and who provides 
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hypnotism services in accordance with this
Section shall not be 
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in violation of any of the health care profession practice
Acts 
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and shall be deemed to be engaged in the nontherapeutic 
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practice of
hypnotism, unless that person does any of the 
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following:


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        (1) Willfully diagnoses or independently treats a 
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    physical or mental
illness of any person and thereby causes 
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    an imminent risk of significant bodily
injury, significant 
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    physical or mental illness, or death.


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        (2) Conducts surgery or any other procedure on any 
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    person that punctures
the skin.


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        (3) Prescribes or administers x-ray radiation to any 
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    person.


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        (4) Prescribes or administers legend drugs or 
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    controlled substances to any
person.


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        (5) Recommends to any person the discontinuance of 
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    legend drugs or
controlled substances prescribed by a 
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    licensed physician or the discontinuance
of mental health 
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    care provided by a licensed health care practitioner.


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        (6) Holds out, states, indicates, advertises, or 
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    implies to any person
that he or she is an Illinois 
 


 






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    licensed health care professional.


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    (c) An unlicensed practitioner who is found to fail to 
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comply with this Section shall be deemed to have committed a 
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Class C misdemeanor and may be fined an amount not to exceed 
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$500 for each offense. 

 
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    Section 15. Disclosure; advertising.


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    (a) An unlicensed person providing hypnotism services 
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shall, prior to
providing those services, disclose to the 
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client in a plainly-worded written
statement all of the 
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following:


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        (1) That he or she is not a physician or an Illinois 
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    licensed health care
practitioner.


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        (2) The nature of the services to be provided and the 
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    theory upon which
the services are based.


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        (3) The academic or professional degrees held, 
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    including the accreditation
or lack of accreditation of 
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    such degrees by an agent recognized by the United
States 
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    Department of Education.


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        (4) His or her training, experience, credentials, or 
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    other qualifications
regarding the hypnotism services 
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    being provided, including whether or not such
training was 
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    obtained from a school that has been approved by the State 
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    to
offer such training or from a school in another state 
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    that has licensure,
accreditation, or approval that is at 
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    least as rigorous from its state
government.


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        (5) That the consumer of hypnotism services has the 
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    right to continuity of
care, the right to refuse services 
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    at any time, the right to be free of
physical, verbal, or 
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    sexual abuse, the right to know the expected duration of

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    services and the costs of those services, and that the 
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    client may assert any
right without retaliation.


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    (b) An unlicensed person providing hypnotism services 
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shall obtain a written
acknowledgement from the client stating 
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that he or she has been provided with
the information described 
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in subsection (a), which shall be maintained by the
person 
 


 






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providing the services for 3 years.  The client shall be 
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provided with a
copy of this written acknowledgement.


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    (c) An unlicensed person providing hypnotism services 
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shall state in any
display advertisement that he or she is not 
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an Illinois licensed health care
practitioner.


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    (d) An unlicensed practitioner who is found to fail to 
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comply with this Section shall be deemed to have committed a 
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Class C misdemeanor and may be fined an amount not to exceed 
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$500 for each offense. 

 
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    Section 20. Application.   Nothing in this Act or in any of 
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the Acts
licensing health care professionals shall be construed 
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to prohibit the practice
of nontherapeutic hypnotism services 
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in compliance with this Act by persons not
licensed to practice 
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a health care profession.
 
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    Section 99. Effective date. This Act takes effect upon 
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becoming law.