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90_HB1624
New Act
5 ILCS 80/4.18 new
30 ILCS 105/5.449 new
Creates the Hypnotist Licensing Act to regulate the
practice of hypnosis through licensing requirements. Amends
the Regulatory Agency Sunset Act to repeal the Hypnosis
Licensing Act on January 1, 2008. Amends the State Finance
Act to add the Hypnotist Licensing Fund. Effective 30 days
after becoming law.
LRB9003918XXmg
LRB9003918XXmg
1 AN ACT to create the Hypnotist Licensing Act, amending
2 named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Short title. This Act may be cited as the
6 Hypnotist Licensing Fund.
7 Section 5. Definitions. As used in this Act:
8 "Board" means the State Board of Hypnotists.
9 "Hypnosis" includes but is not limited to anything that
10 places an individual into an altered state of consciousness
11 without the use of drugs.
12 "Hypnosis" means a process by which a person's normal
13 suggestibility is enhanced or increased to provide a basis
14 for the acceptance of suggestions or directions, where such
15 suggestions or directions are intended for:
16 (1) the treatment of any human illness, disease, or
17 injury or for any other therapeutic purpose under
18 referral from a practitioner of the healing arts;
19 (2) non-therapeutic purposes of a social,
20 educational, or cultural nature; or
21 (3) the teaching of self-hypnosis.
22 "Licensed hypnotist" means a person who practices
23 hypnosis and who holds a license issued pursuant to the
24 provisions of this Act.
25 "Hypnotist intern" means a person who:
26 (1) has completed at least 9 credit hours in
27 psychology from an accredited university or college; or
28 (2) has completed a minimum of 300 hours of
29 hypnosis courses from an accredited technical hypnosis
30 school whose curriculum has been approved by the Board;
31 and
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1 (3) practices hypnosis under the supervision of a
2 licensed practitioner of the healing arts who utilizes
3 hypnosis within his or her licensed specialty or under
4 the supervision of a licensed hypnotist.
5 (4) is registered with the Board by the supervising
6 practitioner.
7 "Health practitioner" means a person licensed or
8 permitted under the laws of this State to practice any of the
9 healing arts within the scope of his or her professional
10 training and competence and in accordance with State laws
11 applicable to his or her profession.
12 Section 10. State Board of Hypnosis.
13 (a) There is hereby established a State Board of
14 Hypnotists to be appointed by the Governor. The Board shall
15 consist of 5 members, 2 of whom shall be licensed hypnotists,
16 one of whom shall be a practitioner of the healing arts who
17 regularly utilizes hypnosis within his or her licensed
18 medical specialty, one of whom shall be an attorney who
19 regularly utilizes hypnosis in his or her practice, and one
20 of whom shall be a member of the executive branch. Initial
21 appointees shall have engaged in the professional practice of
22 hypnosis for at least 3 years.
23 (b) The Governor shall select members of the Board who
24 represent, to the extent possible, the various forms of
25 professional hypnosis. Members shall serve for a term of 5
26 years, except that of the initial appointments to the Board,
27 one member shall serve for a term of one year, one member for
28 a term of 2 years, one member for a term of 3 years, and 2
29 members for a term of 4 years.
30 (c) A vacancy in the office of a member shall be filled
31 for the unexpired term only.
32 (d) All members of the Board shall be eligible for
33 reappointment.
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1 (e) The Board shall enforce and administer the
2 provisions of this Act and shall adopt rules necessary to
3 regulate the practice of hypnosis and to carry out the
4 provisions of this Act.
5 (f) The Board shall annually select a chairperson from
6 among its members. The Board shall meet at least twice a year
7 and shall also meet upon the call of its chairperson, a
8 majority of the Board, the Director of Professional
9 Regulation, or the Attorney General.
10 (g) A quorum of 3 members shall be necessary for the
11 transaction of business at any meeting.
12 Section 15. License requirement.
13 (a) No person shall practice, teach hypnosis, or present
14 himself or herself as able to practice or teach hypnosis in
15 this State without a valid license.
16 (b) The requirements of this Section of this Act shall
17 not apply to:
18 (1) a practitioner of the healing arts who utilizes
19 hypnosis within the scope of his or her license;
20 (2) a person making a presentation of hypnosis
21 sponsored by a bona fide hypnosis society, association,
22 or educational institution; or
23 (3) a hypnotist intern under the direct supervision
24 of a practitioner of the healing arts who utilizes
25 hypnosis within the scope of his or her license or under
26 the supervision of a licensed hypnotist.
27 Section 20. Qualifications for licensure. To qualify for
28 licensure, an applicant shall:
29 (1) be at least 21 years old;
30 (2) possess 300 hours or more of educational
31 training in hypnosis recognized and approved by the Board
32 and shall have completed courses in basic and advanced
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1 hypnosis from a technical hypnosis school having a
2 curriculum approved by the Board;
3 (3) have completed at least one year of supervised
4 professional experience, as approved by the Board, as a
5 hypnotist intern;
6 (4) successfully completed an examination provided
7 for in this Act; and
8 (5) pay an application fee of $100.
9 Section 25. Grandfather clause. For a period of 2 years
10 following the effective date of this Act, the requirements of
11 subsections (2), (3), and (4) of Section 20 of this Act shall
12 be waived, provided that the applicant has engaged in the
13 professional practice of hypnosis for at least 5 years
14 preceding the enactment of this Act, has conducted the
15 practice of hypnosis in an ethical manner, and has presented
16 2 letters of recommendation from 2 practitioners of the
17 healing arts who utilize hypnosis within their licensed
18 specialties, attesting to the applicant's competence to
19 practice hypnosis.
20 Section 30. Hypnotist intern.
21 (a) A licensed hypnotist or a practitioner of the
22 healing arts may employ a hypnotist intern to perform
23 hypnosis provided that:
24 (1) the hypnotist intern performs or practices
25 hypnosis under the direct supervision of a licensed
26 hypnotist or practitioner of the healing arts who
27 utilizes hypnosis within his or her area of professional
28 licensure;
29 (2) the licensed hypnotist or practitioner of the
30 healing arts who utilizes hypnosis within his or her area
31 of professional licensure does not employ or supervise
32 more than 3 hypnotist interns at any given time, unless
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1 specifically authorized to do so by the Board; and
2 (3) the licensed hypnotist or practitioner of the
3 healing arts who utilizes hypnosis within his or her area
4 of professional licensure has submitted to the Board the
5 name and the professional qualifications of the hypnotist
6 intern and the Board has approved the internship.
7 (b) The licensed hypnotist or practitioner of the
8 healing arts who utilizes hypnosis within the area of his or
9 her area of professional licensure, shall be responsible for
10 the hypnosis performed by the hypnotist intern;
11 Section 35. Examination. The Board shall prepare,
12 administer, and grade examinations to be a licensed
13 hypnotist. An applicant who has paid an application fee of
14 $100 shall be examined by the Board in the theory and
15 practice of hypnosis. The examination shall be prepared by
16 the Board and shall be a written and oral examination that
17 demonstrates competence in the theory and practice of
18 hypnosis.
19 Section 40. Issuance of license. The Department shall
20 issue a license to a person who has successfully met the
21 licensure requirements of this Act and has paid a license fee
22 of $200. The license shall be renewed biannually upon payment
23 of a renewal fee of $200.
24 Section 45. Deposit of moneys. There is created the
25 Hypnotist Licensing Fund as a special fund in the State
26 Treasury. All fees collected under this Act shall be
27 deposited into the Hypnotist Licensing Fund and, pursuant to
28 appropriation, shall be used by the Department to administer
29 this Act.
30 Section 80. The Regulatory Agency Sunset Act is amended
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1 by adding Section 4.18 as follows:
2 (5 ILCS 80/4.18 new)
3 Sec. 4.18. Act repealed on January 1, 2008. The following
4 Act is repealed on January 1, 2008:
5 The Hypnotist Licensing Act.
6 Section 85. The State Finance Act is amended by adding
7 Section 5.449 as follows:
8 (30 ILCS 105/5.449 new)
9 Sec. 5.449. The Hypnotist Licensing Fund.
10 Section 99. Effective date. This Act takes effect 30 days
11 after becoming law.