State of Illinois
91st General Assembly
Legislation

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[ Engrossed ][ House Amendment 001 ][ Senate Amendment 001 ]

91_SB0068

 
                                               LRB9101749ACdv

 1        AN ACT in relation to the licensure of hypnotherapists.

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

 4        Section 1.  Short title.  This Act may be  cited  as  the
 5    Hypnotherapist Licensing Act.

 6        Section  5.   Declaration of public policy.  The practice
 7    of hypnotherapy in the State of Illinois is  hereby  declared
 8    to  affect  the  public health, safety, and welfare and to be
 9    subject to regulation and control in the public interest.  It
10    is further declared to be a matter  of  public  interest  and
11    concern that the practice of hypnotherapy, as defined in this
12    Act,  merit and receive the confidence of the public and that
13    only qualified persons be authorized to practice hypnotherapy
14    in the State  of  Illinois.   This  Act  shall  be  liberally
15    construed to best carry out these objectives.

16        Section 10.  Definitions.  As used in this Act:
17        "Board"  means  the Licensed Hypnotherapist Examining and
18    Disciplinary Board.
19        "Department"  means  the   Department   of   Professional
20    Regulation.
21        "Director" means the Director of Professional Regulation.
22        "General  hypnotherapy" means a professional relationship
23    between  a  hypnotherapist  and  a  client   in   which   the
24    hypnotherapist  provides  assistance to the client in matters
25    related  to  the  recreational,  philosophical,   vocational,
26    avocational,     educational,     stress    management,    or
27    self-improvement  goals  of   the   client,   provided   such
28    self-improvement  goals  are  not  the  focus of a medical or
29    mental health disorder.
30        "Hypnotherapy" means the induction of a hypnotic state in
 
                            -2-                LRB9101749ACdv
 1    a client to increase motivation or alter behavioral patterns.
 2    "Hypnotherapy"  includes  consultation  with  a   client   to
 3    determine the nature of the client's problem, assessment of a
 4    client  to determine his or her suitability for hypnotherapy,
 5    preparation  of  a  client  to  enter   a   hypnotic   state,
 6    explanation  to a client of the nature of the hypnotic state,
 7    instruction  of  a  client  in  self-hypnosis   conditioning,
 8    testing  a  client  to  determine  the degree of physical and
 9    emotional suggestibility, induction of the hypnotic state  in
10    a client using individualized methods and techniques based on
11    interpretation  of test results and analysis of problems, and
12    discussion with a client regarding the results of hypnosis.
13        "Independent practice" means the provision to the  public
14    of   general   hypnotherapy   or  referred  hypnotherapy  for
15    remuneration by a person who meets all requirements  for  the
16    practice  of  hypnotherapy and who has received a license for
17    the practice of hypnotherapy under this Act.
18        "Licensed  hypnotherapist"  means  any  person   who   is
19    licensed  in  accordance  with  this  Act for the practice of
20    hypnotherapy.
21        "National    professional    organization"    means    an
22    organization  that  is  dedicated  to   providing   training,
23    continuing education, and performance testing in hypnotherapy
24    that  is  incorporated in any state of the United States, can
25    document active membership in  at  least  15  states  of  the
26    United  States,  and  has  training  requirements that are at
27    least sufficient for licensure as a  hypnotherapist  in  this
28    State.
29        "Person"  means  an individual, association, partnership,
30    or corporation.
31        "Psychotherapy" means  a  relationship  for  remuneration
32    between  a  therapist  and  a  client  in which the therapist
33    renders  assistance  to  the  client  for  the   purpose   of
34    diagnosing,  treating,  curing,  or  improving  mental health
 
                            -3-                LRB9101749ACdv
 1    disorders.
 2        "Qualified supervisor" means any licensed  hypnotherapist
 3    who  meets  the  qualifications  for  independent practice of
 4    hypnotherapy and has been in practice as a hypnotherapist for
 5    at least 3 years.
 6        "Referred hypnotherapy" means a professional relationship
 7    between  a  hypnotherapist  and  a  client   in   which   the
 8    hypnotherapist provides assistance to the client in:
 9             (1)  matters   related   to   a   medical  condition
10        diagnosed by a licensed medical doctor,  licensed  doctor
11        of  dental medicine, or a licensed doctor of chiropractic
12        medicine who has specifically referred the client to  the
13        hypnotherapist in writing or by prescription; or
14             (2)  matters  related  to  a mental health condition
15        diagnosed by a licensed mental  health  professional  who
16        has    specifically    referred   the   client   to   the
17        hypnotherapist by written referral.
18    "Referred hypnotherapy" shall not include the making  of  any
19    specific  medical  or  psychological  diagnosis  and  must be
20    offered as an adjunct to health care provided by the licensed
21    professional who has specifically referred the client to  the
22    hypnotherapist.
23        "Supervised practice" means the provision of hypnotherapy
24    to  a  client  under  the guidance, critique, and review of a
25    qualified supervisor.
26        "Supervision" means review of aspects of the  therapeutic
27    relationship  between  a hypnotherapist and client or clients
28    in a face-to-face meeting for the purpose  of  improving  the
29    therapeutic skills of the person under supervision.

30        Section 15.  Nature of practice.
31        (a)  A person holding a valid license as a hypnotherapist
32    may practice general hypnotherapy or referred hypnotherapy in
33    independent   practice   or   as   part  of  an  association,
 
                            -4-                LRB9101749ACdv
 1    partnership, or corporation.
 2        (b)  A person who is in training to meet the requirements
 3    for licensure under this Act may practice without  a  license
 4    only  under  the  supervision  of  qualified  supervisor,  as
 5    defined  by  this  Act,  and the person shall hold himself or
 6    herself out to the public using the  term  "intern"  or  some
 7    other designation of trainee status.

 8        Section 20.  Exemptions.
 9        (a)  This  Act  does  not  prohibit  any  persons legally
10    regulated in this State by any other Act from engaging in the
11    practice for which they are authorized so long as they do not
12    represent   themselves   by   the    title    of    "licensed
13    hypnotherapist".   Nothing  in this Act shall be construed to
14    limit or prevent a licensed medical doctor, a licensed doctor
15    of chiropractic medicine, a licensed clinical psychologist, a
16    licensed clinical social worker, a licensed social worker,  a
17    licensed   clinical   professional   counselor,   a  licensed
18    professional counselor, or a  licensed  marriage  and  family
19    therapist  from  engaging  in  the  practice  of  hypnosis or
20    hypnotherapy.  Nothing in this  Act  shall  be  construed  to
21    require  a  licensed  medical  doctor,  a  licensed doctor of
22    chiropractic medicine, a licensed doctor of dental  medicine,
23    a  licensed clinical psychologist, a licensed clinical social
24    worker,  a  licensed  practitioner  of  nursing,  a  licensed
25    practitioner of optometry, a licensed naprapath,  a  licensed
26    social  worker, a licensed clinical professional counselor, a
27    licensed professional counselor, or a licensed  marriage  and
28    family   therapist   to  receive  any  specific  training  or
29    supervised  practice  in  hypnosis  or  hypnotherapy   beyond
30    whatever  requirements,  if any, that may be specified in the
31    relevant Acts regulating these professions. Nothing  in  this
32    Act  shall  be construed to limit the activities and services
33    provided by a person legally regulated in this State  by  any
 
                            -5-                LRB9101749ACdv
 1    other  Act  from  engaging  in  the practice of hypnotherapy,
 2    provided the regulatory Act governing the person  contains  a
 3    scope  of  practice  which might reasonably be interpreted to
 4    include the use of hypnotherapy.
 5        (b)  This  Act  does  not  prohibit   the   practice   of
 6    nonregulated  professions  whose practitioners are engaged in
 7    the delivery of human services as long as these practitioners
 8    neither  represent  themselves  as  nor  use  the  title   of
 9    "licensed   hypnotherapists"   nor  provide  hypnotherapy  as
10    defined in this Act.
11        (c)  Nothing in this Act shall be construed to limit  the
12    activities and services of a person or intern in hypnotherapy
13    seeking   to   fulfill   the   educational   or   supervision
14    requirements  in  order  to  qualify for a license under this
15    Act, provided that the activities and services of the  person
16    or intern are supervised as specified in this Act.
17        (d)  Corporations,  partnerships,  and  associations  may
18    employ  a  person  seeking  to  fulfill  the  educational  or
19    supervision requirements for licensure under this Act if  the
20    activities  and services rendered by that person constitute a
21    part of the trainee's supervised course of study or  required
22    professional supervision.
23        (e)  Nothing  in  this  Act shall prohibit a corporation,
24    partnership, or association from contracting with a  licensed
25    health care professional to provide services that are similar
26    to those provided by hypnotherapists.
27        (f)  Nothing  in this Act shall prevent the employment of
28    persons  not  licensed  under  this   Act   by   a   licensed
29    hypnotherapist  or  individual,  association, partnership, or
30    corporation  furnishing  hypnotherapy  for  remuneration   to
31    perform  services  in  various capacities as needed, provided
32    that such persons are not in  any  manner  held  out  to  the
33    public as rendering hypnotherapy.
34        (g)  Nothing  contained  in  this  Act  shall require any
 
                            -6-                LRB9101749ACdv
 1    hospital, clinic,  home  health  agency,  hospice,  or  other
 2    entity  that  provides  health  care services to employ or to
 3    contract  with   a   licensed   hypnotherapist   to   perform
 4    hypnotherapy.
 5        (h)  Nothing  in this Act shall be construed to limit the
 6    services of a person not licensed under this Act  who  is  in
 7    the  employ  of a State, county, or municipal agency or other
 8    political subdivision or not-for-profit corporation providing
 9    human services if (i)  the services are a part of the  duties
10    of  his  or  her  salaried  position,  (ii)  the services are
11    performed solely on behalf of his or her employer, and  (iii)
12    the  person  is not in any manner held out to the public as a
13    licensed hypnotherapist.
14        (i)  Nothing in this Act shall restrict  duly  recognized
15    members   of   any   bonafide   religious  denomination  from
16    functioning in their ministerial capacity, provided  they  do
17    not represent themselves as being licensed hypnotherapists.
18        (j)  Nothing  in  this Act shall prohibit individuals not
19    licensed under this Act  who  work  in  self-help  groups  or
20    programs   or  not-for-profit  organizations  from  providing
21    services  in  those  groups,  programs,   or   organizations,
22    provided  that such persons are not in any manner held out to
23    the public as licensed hypnotherapists.

24        Section 25.  Restrictions and limitations.
25        (a)  Unless exempted under Section 20  of  this  Act,  no
26    person   shall,   without   holding   valid   license   as  a
27    hypnotherapist issued by the Department: (i)  in  any  manner
28    hold  him  or  herself  out  to  the  public  as  a  licensed
29    hypnotherapist  under this Act; (ii)  use the title "licensed
30    hypnotherapist"  or  (iii)  offer   to   render   or   render
31    hypnotherapy,   as  defined  in  this  Act,  to  individuals,
32    corporations, or the public.
33        (b)  Nothing in this Act shall be construed as permitting
 
                            -7-                LRB9101749ACdv
 1    persons licensed as hypnotherapists to engage in  any  manner
 2    in the practice of medicine in all its branches as defined by
 3    law in this State.
 4        (c)  When, in the course of providing hypnotherapy to any
 5    person,  a  licensed  hypnotherapist  finds  indication  of a
 6    disease or condition that in his  or  her  judgment  requires
 7    professional  service  outside  of  the  scope of practice as
 8    defined in this Act, he or she shall refer that person  to  a
 9    physician  licensed  to  practice  medicine  in  all  of  its
10    branches or another appropriate health care provider.
11        (d)  A  licensed hypnotherapist shall give to each client
12    who  seeks  to  receive  hypnotherapy  from   that   licensed
13    hypnotherapist   a   full  and  accurate  written  disclosure
14    statement of the type and nature of  education  and  training
15    possessed  by  that  licensed hypnotherapist. The information
16    contained in this disclosure statement shall include  without
17    limitation   academic   degrees   earned   by   the  licensed
18    hypnotherapist and the nature of his  or  her  accreditation,
19    training  programs  in hypnotherapy completed by the licensed
20    hypnotherapist, including the number of hours of  instruction
21    and  duration  of  training,  and  national certifications in
22    hypnotherapy  held  by  the  licensed   hypnotherapist.   The
23    disclosure   statement   shall   also   state   that  neither
24    psychotherapy nor the diagnosis of mental, dental, or medical
25    disease is a part of hypnotherapy as defined by this Act  and
26    that  licensure under this Act does not authorize a person to
27    practice psychotherapy or diagnosis.
28        (e)  No person licensed as  a  hypnotherapist  under  the
29    provisions  of  this  Act shall publicly advertise his or her
30    services in a way that would cause  a  reasonable  person  to
31    conclude  that  the  person  is  also a doctor of medicine or
32    psychology, unless the person licensed under this Act is also
33    licensed as a doctor of medicine or psychology.
 
                            -8-                LRB9101749ACdv
 1        Section 30.  Powers and duties of the Department. Subject
 2    to the provisions of this Act, the Department may do  all  of
 3    the following:
 4             (1)  Review   applications   for   licensure   as  a
 5        hypnotherapist   to    ascertain    the    fitness    and
 6        qualifications of the person for practicing hypnotherapy.
 7             (2)  Conduct  hearings  on  proceedings to refuse to
 8        issue, renew, or revoke a license or to suspend, place on
 9        probation, censure, or reprimand persons  licensed  under
10        this Act.
11             (3)  Formulate rules required for the administration
12        of   this  Act  and  issue  appropriate  certificates  of
13        licensure.
14             (4)  Maintain rosters of the names and addresses  of
15        all   licensed  hypnotherapists  and  all  persons  whose
16        license has been suspended, revoked,  or  denied  renewal
17        for  cause  within  the  previous  calendar  year.  These
18        rosters  shall  be  available  upon  written  request and
19        payment of the required fee.

20        Section 35.  Hypnotherapist  Examining  and  Disciplinary
21    Board.
22        (a)  The   Director   shall   appoint   a  Hypnotherapist
23    Examining and Disciplinary Board  which  shall  serve  in  an
24    advisory  capacity  to the Director.  The Board shall consist
25    of 6 members, 3 of whom are  hypnotherapists  licensed  under
26    this   Act,   one   of  whom  is  a  licensed  mental  health
27    professional, one of whom is a licensed medical  doctor,  and
28    one  of  whom is a member of the public and is not a licensed
29    health care provider.
30        (b)  Members shall  be  appointed  for  and  shall  serve
31    4-year  terms  and  until  their successors are appointed and
32    qualified, except that, of the initial appointees, 3 shall be
33    appointed to serve for 2 years and until their successors are
 
                            -9-                LRB9101749ACdv
 1    appointed and qualified.
 2        (c)  The  3  hypnotherapist  members  shall  be  licensed
 3    hypnotherapists, except that initial appointees  may  be  any
 4    person  who  can document the practice of hypnotherapy in the
 5    State of Illinois for 10 years.
 6        (d)  Any member appointed to  fill  a  vacancy  shall  be
 7    eligible for reappointment to only one full term.
 8        (e)  The Board shall annually elect one of its members as
 9    chairperson.
10        (f)  The   members  of  the  Board  shall  serve  without
11    compensation.
12        (g)  The Board shall make recommendations on all  matters
13    relating  to  the  licensing  of  persons as hypnotherapists,
14    including without limitation investigation  and  approval  of
15    training  programs  to  insure  that  those  programs provide
16    hypnotherapy education in accordance  with  this  Act.  These
17    recommendations  shall  not  impose  an  undue  burden on the
18    Department or an unreasonable restriction  on  those  seeking
19    license renewal.
20        (h)  The  Director  shall  give  due consideration to all
21    recommendations of the Board.

22        Section 40.  Application for licensure.  Applications for
23    licensure as a hypnotherapist shall be made to the Department
24    on forms prescribed by the Department and accompanied by  the
25    required  fee,  which  is  not  refundable.  All applications
26    shall contain  information  that,  in  the  judgment  of  the
27    Department,  will  enable  the  Department  to  pass  on  the
28    qualifications   of   the   applicant   for  licensure  as  a
29    hypnotherapist.

30        Section 45.  Qualifications for licensure.  A  person  is
31    qualified   to  be  licensed  as  a  hypnotherapist  and  the
32    Department shall issue a license authorizing the practice  of
 
                            -10-               LRB9101749ACdv
 1    hypnotherapy to an applicant who:
 2             (1)  has  applied  in writing on the prescribed form
 3        and has paid the required fee;
 4             (2)  is at least 21 years of age and has not engaged
 5        in conduct or activities that  would  constitute  grounds
 6        for discipline under this Act;
 7             (3)  documents that he or she has received a minimum
 8        of  100  hours  of  personal  instruction  in hypnosis or
 9        hypnotherapy   that   is   sanctioned   by   a   national
10        professional organization as defined by this Act or  from
11        any school teaching hypnotherapy that is accredited by an
12        agency  authorized  by  the  United  States Department of
13        Education  or  is  otherwise   licensed,   approved,   or
14        sanctioned  by  any  state of the United States, provided
15        such organization or school  has  been  approved  by  the
16        Board and teaches a curriculum that includes:
17                  (A)  instruction in the history of hypnosis;
18                  (B)  techniques of client assessment;
19                  (C)  suggestibility testing;
20                  (D)  induction and dehypnotization techniques;
21                  (E)  deepening techniques;
22                  (F)  principles of post-hypnotic suggestion;
23                  (G)  contraindications for hypnosis;
24                  (H)  treatment planning;
25                  (I)  self-hypnosis training;
26                  (J)  administration and record-keeping;
27                  (K)  law and ethics; and
28                  (L)  an  orientation  to the limits of practice
29             specified  in  this  Act  sufficient  to   allow   a
30             reasonable person to make an informed decision as to
31             whether the client's problem reasonably falls within
32             the scope of practice of a licensed hypnotherapist;
33             (4)  has   completed  a  minimum  of  200  hours  of
34        supervised practice of hypnotherapy with a person who  is
 
                            -11-               LRB9101749ACdv
 1        a  qualified  supervisor,  as defined by this Act, with a
 2        ratio of not less than one hour of  personal  supervision
 3        for every 15 hours of supervised practice;
 4             (5)  for   each  year  after  the  initial  year  of
 5        licensure, documents 15 hours of continuing education  in
 6        hypnosis or hypnotherapy during the previous year.

 7        Section  50.  Licensing;  renewal; restoration; person in
 8    military service; inactive status.
 9        (a)  The expiration date  and  renewal  period  for  each
10    license issued under this Act shall be set by rule.  Licensed
11    hypnotherapists  may  renew  their  license during the 60-day
12    period preceding its expiration date by paying  the  required
13    fee   and   demonstrating   compliance  with  any  continuing
14    education requirements.
15        (b)  Any person who has permitted a license to expire  or
16    who  has a license on inactive status may have it restored by
17    submitting an application to the Department and filing  proof
18    of  fitness  to  have  the  license  restored,  including, if
19    appropriate, evidence which is satisfactory to the Department
20    certifying the practice hypnotherapy in another jurisdiction,
21    and by paying the required fee.
22        (c)  If the person has not maintained an active  practice
23    in   another   jurisdiction  which  is  satisfactory  to  the
24    Department,  the  Department  shall  determine  the  person's
25    fitness to resume active  status.  The  Department  may  also
26    require   the  person  to  complete  a  specified  period  of
27    evaluated hypnotherapy work experience.
28        (d)  Any person whose license  expired  while  on  active
29    duty with the armed forces of the United States, while called
30    into  service  or  training  with  the  State  Militia, or in
31    training or education under the  supervision  of  the  United
32    States  government  prior  to  induction  into  the  military
33    service  may  have his or her license restored without paying
 
                            -12-               LRB9101749ACdv
 1    any renewal fees if, within 2 years after the termination  of
 2    such service, training, or education, except under conditions
 3    other  than  honorable,  the  Department  is  furnished  with
 4    satisfactory evidence that the person has been so engaged and
 5    that  such  service,  training,  or  education  has  been  so
 6    terminated.
 7        (e)  A  license  to  practice  hypnotherapy  shall not be
 8    denied  any  applicant  because  of  the  applicant's   race,
 9    religion,   creed,  national  origin,  political  beliefs  or
10    activities,  age,  sex,  sexual  orientation,   or   physical
11    impairment.

12        Section 55.  Implementation and transitional period.
13        (a)  For  a period of 3 years after the effective date of
14    this Act, the  Department  shall,  on  application,  issue  a
15    license  for  the  practice of hypnotherapy to any person who
16    has  not  completed  the  training  specified  in  subsection
17    (c)  of Section 45, but who can document the maintenance of a
18    practice of hypnotherapy for remuneration for a period  of  3
19    years.   Persons   receiving  initial  licensure  under  this
20    subsection shall not be required to complete further training
21    in  hypnotherapy  beyond  the  annual  continuing   education
22    required in this Act.
23        (b)  For  a period of 3 years after the effective date of
24    this Act, the  Department  shall,  on  application,  issue  a
25    license  for  the  practice of hypnotherapy to any person who
26    has not completed any  internship,  trainee,  or  supervision
27    period  specified  in  subsection (d)  of Section 45, but who
28    otherwise meets the requirements of Section  45  or  who  can
29    document, using taxation or other records, the maintenance of
30    a practice of hypnotherapy for remuneration for a period of 3
31    years.   Persons   receiving  initial  licensure  under  this
32    subsection shall not be required to complete any  internship,
33    trainee, or supervision period for renewal of licensure under
 
                            -13-               LRB9101749ACdv
 1    this Act.

 2        Section 60.  Fees.
 3        (a)  The  fees  imposed under this Act are as follows and
 4    are not refundable:
 5             (1)  The initial fee for application  for  licensure
 6        as a hypnotherapist is $150.
 7             (2)  The initial fee for renewal of a license is $30
 8        per year.
 9             (3)  The  initial  fee  for  the  reinstatement of a
10        license that has been expired for less than  5  years  is
11        $20,  plus payment of all unpaid fees for every year that
12        has lapsed.
13             (4)  The  initial  fee  for  the  restoration  of  a
14        license that has been expired for more than  5  years  is
15        $200.
16             (5)  The initial fee for the issuance of a duplicate
17        license, the issuance of a replacement for a license that
18        has  been lost or destroyed, or the issuance of a license
19        with a change of name or address, other than  during  the
20        renewal  period,  is $20. No fee is required for name and
21        address changes on Department records when  no  duplicate
22        license is issued.
23             (6)  The  initial  fee  for  the  certification of a
24        licensed hypnotherapist's record is $200.
25             (7)  The initial fee for application for  a  license
26        by   a   person   licensed   or  authorized  to  practice
27        hypnotherapy under the laws of  another  jurisdiction  is
28        $200.
29             (8)  The  fee  for  copies of a license shall be the
30        actual cost of producing the copies.
31             (9)  The fee for a roster  of  persons  licensed  as
32        licensed  hypnotherapists  shall  be  the  actual cost of
33        producing the roster.
 
                            -14-               LRB9101749ACdv
 1        (b)  All of the fees collected under this  Act  shall  be
 2    deposited  into  the  Licensed Hypnotherapist Dedicated Fund.
 3    The  monies  deposited  into  the   Licensed   Hypnotherapist
 4    Dedicated  Fund  shall  be appropriated to the Department for
 5    expenses of the Department in the administration of this Act.
 6    Monies in the Licensed Hypnotherapist Dedicated Fund  may  be
 7    invested  and  reinvested,  with  all  earnings received from
 8    investments to be deposited into that Fund and used  for  the
 9    same purpose as fees deposited into that Fund.

10        Section 65.  Checks or orders dishonored.  Any person who
11    issues  or  delivers a check or other order to the Department
12    which  is  not  honored  on  2  occasions  by  the  financial
13    institution upon which it is drawn  because  of  insufficient
14    funds  on  account,  the account is closed, or a stop payment
15    has been placed on the account shall pay to  the  Department,
16    in  addition  to  the  amount  owing upon such check or other
17    order, a fee of $50. If the check or other order  was  issued
18    or  delivered  in  payment  of  a  renewal fee and the person
19    practices without paying the renewal fee and the fee required
20    under this Section, an additional penalty of  $100  shall  be
21    imposed.   The fees and penalties imposed by this Section are
22    in addition to any other penalty for practicing  hypnotherapy
23    without  a  license.  The  Department shall notify the person
24    whose license has lapsed that the person is  engaged  in  the
25    unauthorized  practice of hypnotherapy and the amount due the
26    Department, which shall include the lapsed  renewal  fee  and
27    the  other required fees. If, after the expiration of 30 days
28    from the date of the notification, the person  whose  license
29    has   lapsed  seeks  a  current  license,  the  person  shall
30    thereafter apply  to  the  Department  for  reinstatement  of
31    license  and  shall  pay  all fees due to the Department. The
32    Department may establish a  fee  for  the  processing  of  an
33    application  for  reinstatement  of a license that allows the
 
                            -15-               LRB9101749ACdv
 1    Department to pay all costs  and  expenses  incident  to  the
 2    processing  of  this  application.  However, the Director may
 3    waive or reduce the fees in individual cases where he or  she
 4    finds they would be unnecessarily burdensome.

 5        Section  70.   Endorsement.   The  Department may issue a
 6    license for the practice of hypnotherapy to a person who  has
 7    not  completely  fulfilled  all of the qualifications for the
 8    practice of hypnotherapy specified by this Act if the  person
 9    is  already  licensed  or authorized to practice hypnotherapy
10    under the laws of another state or United States jurisdiction
11    and the requirements for licensure or authorization  in  that
12    state  are,  in  the opinion of the Department, substantially
13    equal to  the  requirements  of  this  Act  on  the  date  of
14    licensure. Such applicant shall pay all of the required fees.

15        Section 75.  Privileged communications and exceptions.
16        (a)  No   licensed   hypnotherapist  shall  disclose  any
17    information   acquired   from    persons    consulting    the
18    hypnotherapist  in  his  or her professional capacity, except
19    that which may be voluntarily disclosed under  the  following
20    circumstances:
21             (1)  in    the   course   of   formally   reporting,
22        conferring, or consulting with administrative  superiors,
23        colleagues,   or   consultants   who  share  professional
24        responsibilities, in which instance all recipients of the
25        information   are   similarly   bound   to   regard   the
26        communication as privileged;
27             (2)  with the written  consent  of  the  person  who
28        provided the information;
29             (3)  in  the  case  of death or disability, with the
30        written  consent  of  a  personal  representative,  other
31        person authorized  to  sue,  or  the  beneficiary  of  an
32        insurance   policy  on  the  person's  life,  health,  or
 
                            -16-               LRB9101749ACdv
 1        physical condition;
 2             (4)  when  a  communication  reveals  the   intended
 3        commission  of a crime or harmful act and such disclosure
 4        is judged necessary by  the  licensed  hypnotherapist  to
 5        protect any person from a clear, imminent risk of serious
 6        mental  or  physical  harm  or  injury  or to forestall a
 7        serious threat to the public safety; or
 8             (5)  when  the  person  waives  the   privilege   by
 9        bringing any public charges against the hypnotherapist.
10        (b)  When  the  person  is  a minor under the laws of the
11    State  of  Illinois  and  the  information  acquired  by  the
12    hypnotherapist indicates the minor was the victim or  subject
13    of  a crime, the hypnotherapist may be required to testify in
14    any judicial proceedings in  which  the  commission  of  that
15    crime  is the subject of inquiry when, after in camera review
16    of the information  that  the  hypnotherapist  acquired,  the
17    court  determines  that  the interests of the minor in having
18    the  information  held  privileged  are  outweighed  by   the
19    requirements  of  justice,  the  need  to  protect the public
20    safety, or the need to protect the minor, except as  provided
21    under the Abused and Neglected Child Reporting Act.
22        (c)  Any   person   having   access  to  records  or  who
23    participates in providing hypnotherapy or  in  providing  any
24    human services and is supervised by a licensed hypnotherapist
25    is   similarly   bound   to   regard   all   information  and
26    communications as privileged in accord with this Section.
27        (d)  Nothing in this Act shall be construed to prohibit a
28    licensed hypnotherapist from voluntarily testifying in  court
29    hearings  concerning  matters of adoption, child abuse, child
30    neglect, or other matters pertaining to children,  except  as
31    provided under the Abused and Neglected Child Reporting Act.
32        (e)  The  Mental  Health  and  Developmental Disabilities
33    Confidentiality Act is incorporated herein as if all  of  its
34    provisions  were  included  in  this  Act.  In the event of a
 
                            -17-               LRB9101749ACdv
 1    conflict between the application  of  this  Section  and  the
 2    Mental  Health and Developmental Disabilities Confidentiality
 3    Act to a specific situation, the  provisions  of  the  Mental
 4    Health  and  Developmental  Disabilities  Confidentiality Act
 5    shall control.

 6        Section 80.  Grounds for discipline.
 7        (a)  The Department may refuse to issue,  renew,  or  may
 8    revoke, suspend, place on probation, reprimand, or take other
 9    disciplinary  action  as  the  Department  deems appropriate,
10    including the issuance of fines not to exceed $1000 for  each
11    violation,  with regard to any license for any one or more of
12    the following:
13             (1)  Material misstatement in furnishing information
14        to the Department or to any other State agency.
15             (2)  Violations   or   negligent   or    intentional
16        disregard of this Act or any of its rules.
17             (3)  Conviction  of  any crime under the laws of the
18        United States or any state or territory thereof that is a
19        felony or a misdemeanor, an essential element of which is
20        dishonesty, or of any crime which is directly related  to
21        the practice of hypnotherapy.
22             (4)  Making any misrepresentation for the purpose of
23        obtaining  a  license  or violating any provision of this
24        Act or its rules.
25             (5)  Incompetence  or  gross   negligence   in   the
26        rendering of hypnotherapy.
27             (6)  Malpractice.
28             (7)  Advising   or   assisting   another  person  in
29        violating any provision of this Act or any of its rules.
30             (8)  Failing to provide information within  60  days
31        in response to a written request made by the Department.
32             (9)  Engaging   in   dishonorable,   unethical,   or
33        unprofessional  conduct of a character likely to deceive,
 
                            -18-               LRB9101749ACdv
 1        defraud, or harm the public and violating  any  rules  of
 2        conduct  established  by  the  Department  as  part  of a
 3        reasonable   effort   to   regulate   the   practice   of
 4        hypnotherapy within the provisions of this Act.
 5             (10)  Habitual or  excessive  use  or  addiction  to
 6        alcohol,  narcotics,  stimulants,  or  any other chemical
 7        agent or drug which  results  in  inability  to  practice
 8        hypnotherapy with reasonable skill, judgment, or safety.
 9             (11)  Discipline  by  another  jurisdiction,  if  at
10        least  one  of  the  grounds is the same or substantially
11        equivalent to those set forth in this Section.
12             (12)  Directly or indirectly giving to or  receiving
13        from  any  person,  firm,  corporation,  partnership,  or
14        association any fee, commission, rebate, or other form of
15        compensation for any service not actually rendered.
16             (13)  A  finding  by the Department that a licensee,
17        after  having  had  his  or   her   license   placed   on
18        probationary status, has violated the terms of probation.
19             (14)  Abandonment of a client.
20             (15)  Willfully filing false reports relating to the
21        practice  of  hypnotherapy,  including without limitation
22        false records filed with federal  or  State  agencies  or
23        departments.
24             (16)  Willfully  failing  to  report  an instance of
25        suspected child abuse  or  neglect  as  required  by  the
26        Abused and Neglected Child Reporting Act.
27             (17)  Being named as the perpetrator in an indicated
28        report  by the Department of Children and Family Services
29        pursuant to the Abused and Neglected Child Reporting Act,
30        and upon proof by clear and convincing evidence that  the
31        licensee  has  caused  a  child  to be an abused child or
32        neglected child as defined in the  Abused  and  Neglected
33        Child Reporting Act.
34             (18)  Physical   or   mental  disability,  including
 
                            -19-               LRB9101749ACdv
 1        deterioration  through  the  aging  process  or  loss  of
 2        abilities and skills which results in  the  inability  to
 3        practice hypnotherapy with reasonable judgment, skill, or
 4        safety.
 5             (19)  Solicitation of professional services by using
 6        false or misleading advertising.
 7             (20)  Failure  to  file  a return or to pay the tax,
 8        penalty, or interest shown in a filed return  or  to  pay
 9        any  final  assessment  of  tax, penalty, or interest, as
10        required by any Act administered  by  the  Department  of
11        Revenue  or  any successor agency or the Internal Revenue
12        Service or any successor agency.
13        (b)  Any fines  imposed  under  this  Section  shall  not
14    exceed $1,000 for each violation.
15        (c)  The  determination  by  a  court  that a licensee is
16    subject to involuntary admission  or  judicial  admission  as
17    provided  in the Mental Health and Developmental Disabilities
18    Code will result in an automatic suspension  of  his  or  her
19    license.  The  suspension  will end upon a finding by a court
20    that licensee is no longer subject to  involuntary  admission
21    or  judicial  admission,  the issuance of an order so finding
22    and discharging the patient, and a decision by the Department
23    that the licensee  be  allowed  to  resume  the  practice  of
24    hypnotherapy.

25        Section  85.   Violations;  injunction;  cease and desist
26    order.
27        (a)  If any person violates the provisions of  this  Act,
28    the  Director  may, in the name of the People of the State of
29    Illinois, through the Attorney General, petition for an order
30    enjoining the violation or for an order enforcing  compliance
31    with  this  Act.  Upon the filing of a verified petition, the
32    court with appropriate jurisdiction  may  issue  a  temporary
33    restraining   order   without   notice   or   bond   and  may
 
                            -20-               LRB9101749ACdv
 1    preliminarily and permanently enjoin the violation. If it  is
 2    established  that the person has violated or is violating the
 3    injunction, the court may punish the offender for contempt of
 4    court. Proceedings under this Section are in addition to  all
 5    other remedies and penalties provided by this Act.
 6        (b)  If  any person holds himself or herself out as being
 7    a licensed hypnotherapist under this Act and is not  licensed
 8    for  the  practice  of  hypnotherapy under this Act, then any
 9    licensed hypnotherapist,  interested  party,  or  any  person
10    injured  thereby  may  petition  for  relief  as  provided in
11    subsection (a)  of this Section.
12        (c)  Whenever, in the opinion of the Department, a person
13    violates any provision of this Act, the Department may  issue
14    a  ruling  to  show  cause  why  an order to cease and desist
15    should not be entered against that person.  The ruling  shall
16    clearly  set  forth the grounds relied upon by the Department
17    and shall allow at least 7 days from the date of  the  ruling
18    to file an answer satisfactory to the Department.  Failure to
19    answer  to  the satisfaction of the Department shall cause an
20    order to cease and desist to be issued.

21        Section 90.  Investigation of  charges;  due  notice  and
22    hearings.   The Department may investigate the actions of any
23    applicant or any person holding or claiming to hold a license
24    to  practice  hypnotherapy.  The  Department  shall,   before
25    revoking,  suspending, placing on probation, reprimanding, or
26    taking any other disciplinary action under Section 80 of this
27    Act, at least 10 days prior to the date set for the  hearing,
28    notify  the accused, in writing, of the nature of the charges
29    and that a hearing will be held on the date  designated.  The
30    written   notice  may  be  served  by  personal  delivery  or
31    certified or licensed mail to the applicant  or  licensee  at
32    the  address  of the last notification to the Department. The
33    Department shall also direct the accused to  file  a  written
 
                            -21-               LRB9101749ACdv
 1    answer  with the Department, under oath, within 20 days after
 2    the service of the notice and inform the accused that, if  he
 3    or  she  fails  to  file an answer, his or her license may be
 4    revoked, suspended, placed on probation, reprimanded, or  the
 5    Department  may  take  any  other  or additional disciplinary
 6    action, including the issuance of fines not to exceed  $1,000
 7    for  each  violation,  as  the Department may deem necessary,
 8    without hearing. At the time and place fixed in  the  notice,
 9    representatives  of  the Department shall proceed to hear the
10    charges and the parties or their counsel  shall  be  accorded
11    ample  opportunity  to  present  such  statements, testimony,
12    evidence, and argument as may be pertinent to the charges  or
13    to  their  defense.  The  Department may continue the hearing
14    from time to time.

15        Section 95.  Record of proceedings and  transcripts.  The
16    Department,  at  its  expense, shall preserve a record of all
17    proceedings at the formal hearing of any case  involving  the
18    refusal   to   issue  or  to  renew  a  license  to  practice
19    hypnotherapy. The notice of  hearing,  complaint,  all  other
20    documents  in  the nature of pleadings, written motions filed
21    in the proceedings, the transcript of testimony,  and  orders
22    of the Department shall be in the record of such proceeding.

23        Section   100.    Subpoenas;   depositions;   oaths.  The
24    Department has the power to subpoena and to bring  before  it
25    any  person  and  to  take  testimony  either  orally  or  by
26    deposition,  or  both,  with the same fees and mileage and in
27    the same manner as prescribed in civil cases in the courts of
28    this State. The Director or the  designated  hearing  officer
29    has the power to administer oaths to witnesses at any hearing
30    that  the  Department  is authorized to conduct and any other
31    oaths authorized in any Act administered by the Department.
 
                            -22-               LRB9101749ACdv
 1        Section 105.   Compelling  testimony.   Any  court,  upon
 2    application of the Department, designated hearing officer, or
 3    the  applicant  or  licensee  against  whom proceedings under
 4    Section 80 of this  Act  are  pending,  may  enter  an  order
 5    requiring the attendance of witnesses and their testimony and
 6    the  production  of  documents,  papers,  files,  recordings,
 7    books,   and  records  in  connection  with  any  hearing  or
 8    investigation. The court may compel obedience to its order by
 9    proceedings for contempt.

10        Section  110.   Findings  and  recommendations.   At  the
11    conclusion of the hearing,  the  designated  hearing  officer
12    shall  present  to  the  Director  a  written  report  of its
13    findings of fact, conclusions of  law,  and  recommendations.
14    The  report  shall  contain  a  finding  whether the licensee
15    violated this Act or failed to  comply  with  the  conditions
16    required  in  this  Act. The designated hearing officer shall
17    specify the nature of the violation or failure to comply  and
18    shall  make  his  or her recommendations to the Director. The
19    report  of  findings  of  fact,  conclusions  of   law,   and
20    recommendations of the hearing officer shall be the basis for
21    the Department's order for refusal or for the granting of the
22    license  to  practice hypnotherapy. If the Director disagrees
23    with the recommendations of the hearing officer, the Director
24    may issue an order in contravention of the recommendations of
25    the hearing officer. The Director  shall  provide  a  written
26    report  to the designated hearing officer on any disagreement
27    and shall specify the reasons for the  action  in  the  final
28    order.  The finding is not admissible in evidence against the
29    person in a criminal prosecution brought for the violation of
30    this Act, but the hearing and findings are not  a  bar  to  a
31    criminal prosecution brought for the violation of this Act.

32        Section  115.   Rehearings.   At  the  conclusion  of the
 
                            -23-               LRB9101749ACdv
 1    hearing, a copy of the designated  hearing  officer's  report
 2    shall  be  served  upon  the  applicant  or  licensee  by the
 3    Department, either personally or as provided in this Act  for
 4    the  service  of the notice of hearing.  Within 20 days after
 5    such service, the applicant or licensee may  present  to  the
 6    Department  a  motion  in  writing for a rehearing that shall
 7    specify the particular grounds for rehearing.  If  no  motion
 8    for  a  rehearing  is  filed, then upon the expiration of the
 9    time specified for filing such a motion, or if a  motion  for
10    rehearing  is denied, then upon such denial, the Director may
11    enter an order in  accordance  with  recommendations  of  the
12    hearing  officer,  except  as provided in Section 120 of this
13    Act.  If the applicant or licensee requests and  pays  for  a
14    transcript  of the record within the time for filing a motion
15    for rehearing, the 20-day period within which a motion may be
16    filed shall commence upon the delivery of the  transcript  to
17    the applicant or licensee.

18        Section 120.  Director rehearings.  Whenever the Director
19    believes  justice  has  not  been  done  in  the  revocation,
20    suspension,  or  refusal  to  issue  or  renew  a  license to
21    practice hypnotherapy or the discipline of a license,  he  or
22    she may order a rehearing.

23        Section  125.   Appointment  of  a  hearing officer.  The
24    Director has the authority to appoint any  attorney  licensed
25    to  practice  law  in  the  State of Illinois to serve as the
26    hearing officer in any action for refusal to issue or renew a
27    license to practice hypnotherapy.  The  hearing  officer  has
28    full  authority  to  conduct  the  hearing and may appoint an
29    advisory committee of persons who practice  hypnotherapy  for
30    remuneration and who are licensed under this Act.

31        Section 130.  Order or certified copy; prima facie proof.
 
                            -24-               LRB9101749ACdv
 1    An  order regarding any disciplinary action or certified copy
 2    thereof, over the seal of the Department and purporting to be
 3    signed by the Director, is prima facie proof that:
 4             (1)  the signature is the genuine signature  of  the
 5        Director; and
 6             (2)  the Director is duly appointed and qualified.

 7        Section   135.    Restoration  of  suspended  or  revoked
 8    license.  At any time after the suspension or  revocation  of
 9    any  license  to  practice  hypnotherapy,  the Department may
10    restore  the  license  to  the  licensee  upon  the   written
11    recommendation of the Director, unless after an investigation
12    and  hearing  the Director determines that restoration is not
13    in the public interest.

14        Section 140.  Surrender of license.  Upon the  revocation
15    or  suspension  of  a  license  to practice hypnotherapy, the
16    licensee shall immediately surrender his or  her  license  to
17    the  Department.   If  the  licensee  fails  to  do  so,  the
18    Department has the right to seize the license.

19        Section   145.    Summary  suspension  of  license.   The
20    Director  may  summarily  suspend  the  license  to  practice
21    hypnotherapy  without  a  hearing,  simultaneously  with  the
22    institution of proceedings for  a  hearing  provided  for  in
23    Section  90  of this Act, if the Director finds that evidence
24    in his or her possession indicates that the  continuation  of
25    practice  by  the licensed hypnotherapist would constitute an
26    imminent danger  to  the  public.   In  the  event  that  the
27    Director  summarily  suspends  the  license  of an individual
28    without a hearing, a hearing must  be  held  within  30  days
29    after the suspension has occurred.

30        Section 150.  Administrative Review Law.
 
                            -25-               LRB9101749ACdv
 1        (a)  All final administrative decisions of the Department
 2    are subject to judicial review pursuant to the Administrative
 3    Review  Law and its rules. The term "administrative decision"
 4    is  defined  as  in  Section  3-101  of  the  Code  of  Civil
 5    Procedure.
 6        (b)  Proceedings for judicial review shall  be  commenced
 7    in  the  circuit  court  of  the  county  in  which the party
 8    applying for review resides,  but  if  the  party  is  not  a
 9    resident of Illinois, the venue shall be in Sangamon County.

10        Section   155.   Certification  of  record;  costs.   The
11    Department shall not be required to certify any record to the
12    court, to file an answer in court, or to otherwise appear  in
13    any  court  in  a judicial review proceeding, unless there is
14    filed in the court, with the complaint, a  receipt  from  the
15    Department  acknowledging  payment of the costs of furnishing
16    and certifying the  record.   Failure  on  the  part  of  the
17    plaintiff  to  file  the  receipt  in  court  is  grounds for
18    dismissal of the action.

19        Section 160.  Violations.   Unless  otherwise  specified,
20    any  person  found to have violated any provision of this Act
21    is guilty of a Class A misdemeanor.

22        Section 165.  Administrative Procedure Act;  application.
23    The Illinois Administrative Procedure Act is hereby expressly
24    adopted  and  incorporated  in  this  Act  as  if  all of the
25    provisions of that Act were included in this Act.

26        Section 170.  Home rule.  The regulation and licensing of
27    hypnotherapists are exclusive powers  and  functions  of  the
28    State.   A  home  rule  unit  may  not  regulate  or  license
29    hypnotherapists. This Section is a denial and  limitation  of
30    home rule powers under paragraph (h)  of Section 6 of Article
 
                            -26-               LRB9101749ACdv
 1    VII of the Illinois Constitution.

 2        Section  900.   The  Regulatory  Sunset Act is amended by
 3    adding Section 4.20 as follows:

 4        (5 ILCS 80/4.20 new)
 5        Sec.  4.20.   Act  repealed  on  January  1,  2010.   The
 6    following Act is repealed on January 1, 2010:
 7        The Hypnotherapist Licensing Act.

 8        Section 905.  The State Finance Act is amended by  adding
 9    Section 5.490 as follows:

10        (30 ILCS 105/5.490 new)
11        Sec. 5.490.  The Licensed Hypnotherapist Dedicated Fund.

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