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91_SB0068ham001
LRB9101749ACtmam03
1 AMENDMENT TO SENATE BILL 68
2 AMENDMENT NO. . Amend Senate Bill 68 by replacing
3 everything after the enacting clause with the following:
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.
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1 "General hypnotherapy" means a professional relationship
2 between a hypnotherapist and a client in which the
3 hypnotherapist provides assistance to the client in matters
4 related to the recreational, philosophical, vocational,
5 avocational, educational, stress management, or
6 self-improvement goals of the client, provided such
7 self-improvement goals are not the focus of a medical or
8 mental health disorder.
9 "Hypnotherapy" means the induction of a hypnotic state in
10 a client to increase motivation or alter behavioral patterns.
11 "Hypnotherapy" includes consultation with a client to
12 determine the nature of the client's problem, assessment of a
13 client to determine his or her suitability for hypnotherapy,
14 preparation of a client to enter a hypnotic state,
15 explanation to a client of the nature of the hypnotic state,
16 instruction of a client in self-hypnosis conditioning,
17 testing a client to determine the degree of physical and
18 emotional suggestibility, induction of the hypnotic state in
19 a client using individualized methods and techniques based on
20 interpretation of test results and analysis of problems, and
21 discussion with a client regarding the results of hypnosis.
22 "Independent practice" means the provision to the public
23 of general hypnotherapy or referred hypnotherapy for
24 remuneration by a person who meets all requirements for the
25 practice of hypnotherapy and who has received a license for
26 the practice of hypnotherapy under this Act.
27 "Licensed hypnotherapist" means any person who is
28 licensed in accordance with this Act for the practice of
29 hypnotherapy.
30 "National hypnotherapy professional organization" means
31 an organization that is dedicated to providing training,
32 continuing education, and performance testing in hypnotherapy
33 that is incorporated in any state of the United States, can
34 document active membership in at least 15 states of the
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1 United States.
2 "Person" means an individual, association, partnership,
3 or corporation.
4 "Psychotherapy" means a relationship for remuneration
5 between a therapist and a client in which the therapist
6 renders assistance to the client for the purpose of
7 diagnosing, treating, curing, or improving mental health
8 disorders.
9 "Qualified supervisor" means any licensed hypnotherapist
10 who meets the qualifications for independent practice of
11 hypnotherapy and has been in practice as a hypnotherapist for
12 at least 3 years.
13 "Referred hypnotherapy" means a professional relationship
14 between a hypnotherapist and a client in which the
15 hypnotherapist provides assistance to the client in:
16 (1) matters related to a medical condition
17 diagnosed by a licensed medical doctor, licensed doctor
18 of dental medicine, or a licensed doctor of chiropractic
19 medicine who has specifically referred the client to the
20 hypnotherapist in writing or by prescription; or
21 (2) matters related to a mental health condition
22 diagnosed by a licensed mental health professional who
23 has specifically referred the client to the
24 hypnotherapist by written referral.
25 "Referred hypnotherapy" shall not include the making of any
26 specific medical or psychological diagnosis and must be
27 offered as an adjunct to health care provided by the licensed
28 professional who has specifically referred the client to the
29 hypnotherapist.
30 "Supervised practice" means the provision of hypnotherapy
31 to a client under the guidance, critique, and review of a
32 qualified supervisor.
33 "Supervision" means review of aspects of the therapeutic
34 relationship between a hypnotherapist and client or clients
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1 in a face-to-face meeting for the purpose of improving the
2 therapeutic skills of the person under supervision.
3 Section 15. Nature of practice.
4 (a) A person holding a valid license as a hypnotherapist
5 may practice general hypnotherapy or referred hypnotherapy in
6 independent practice or as part of an association,
7 partnership, or corporation.
8 (b) A person who is in training to meet the requirements
9 for licensure under this Act may practice without a license
10 only under the supervision of qualified supervisor, as
11 defined by this Act, and the person shall hold himself or
12 herself out to the public using the term "intern" or some
13 other designation of trainee status.
14 Section 20. Exemptions.
15 (a) Nothing in this Act shall be construed to limit or
16 prevent a physician licensed to practice medicine in all its
17 branches, a licensed clinical psychologist, a licensed
18 clinical social worker, a licensed marriage and family
19 therapist, a licensed practitioner of chiropractic medicine,
20 an advanced practice nurse, a registered professional nurse,
21 a licensed practitioner of dental medicine, or a licensed
22 clinical professional counselor from engaging in the practice
23 of hypnosis or hypnotherapy.
24 (b) Nothing in this Act shall be construed to limit the
25 activities and services of a person or intern in hypnotherapy
26 seeking to fulfill the educational or supervision
27 requirements in order to qualify for a license under this
28 Act, provided that the activities and services of the person
29 or intern are supervised as specified in this Act.
30 (c) Corporations, partnerships, and associations may
31 employ a person seeking to fulfill the educational or
32 supervision requirements for licensure under this Act if the
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1 activities and services rendered by that person constitute a
2 part of the trainee's supervised course of study or required
3 professional supervision.
4 Section 25. Restrictions and limitations.
5 (a) Unless exempted under Section 20 of this Act, no
6 person shall, without holding a valid license as a
7 hypnotherapist issued by the Department, render or offer to
8 render hypnotherapy, as defined in this Act, to individuals,
9 corporations, or the public.
10 (b) Nothing in this Act shall be construed as permitting
11 persons licensed as hypnotherapists to engage in any manner
12 in the practice of medicine in all its branches as defined by
13 law in this State.
14 (c) When, in the course of providing hypnotherapy to any
15 person, a licensed hypnotherapist finds indication of a
16 disease or condition that in his or her judgment requires
17 professional service outside of the scope of practice as
18 defined in this Act, he or she shall refer that person to a
19 physician licensed to practice medicine in all of its
20 branches or another appropriate health care provider.
21 (d) A licensed hypnotherapist shall give to each client
22 who seeks to receive hypnotherapy from that licensed
23 hypnotherapist a full and accurate written disclosure
24 statement of the type and nature of education and training
25 possessed by that licensed hypnotherapist. The information
26 contained in this disclosure statement shall include without
27 limitation academic degrees earned by the licensed
28 hypnotherapist and the nature of his or her accreditation,
29 training programs in hypnotherapy completed by the licensed
30 hypnotherapist, including the number of hours of instruction
31 and duration of training, and national certifications in
32 hypnotherapy held by the licensed hypnotherapist. The
33 disclosure statement shall also state that neither
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1 psychotherapy nor the diagnosis of mental, dental, or medical
2 disease is a part of hypnotherapy as defined by this Act and
3 that licensure under this Act does not authorize a person to
4 practice psychotherapy or diagnosis.
5 (e) No person licensed under the provisions of this Act
6 shall publicly advertise his or her services in a way that
7 would represent that the person is also a doctor of medicine
8 or psychology, unless the person licensed under this Act is
9 also licensed as a doctor of medicine or psychology.
10 Section 30. Powers and duties of the Department. Subject
11 to the provisions of this Act, the Department may do all of
12 the following:
13 (1) Review applications for licensure as a
14 hypnotherapist to ascertain the fitness and
15 qualifications of the person for practicing hypnotherapy.
16 (2) Conduct hearings on proceedings to refuse to
17 issue, renew, or revoke a license or to suspend, place on
18 probation, censure, or reprimand persons licensed under
19 this Act.
20 (3) Formulate rules required for the administration
21 of this Act and issue appropriate certificates of
22 licensure.
23 (4) Maintain rosters of the names and addresses of
24 all licensed hypnotherapists and all persons whose
25 license has been suspended, revoked, or denied renewal
26 for cause within the previous calendar year. These
27 rosters shall be available upon written request and
28 payment of the required fee.
29 Section 35. Hypnotherapist Examining and Disciplinary
30 Board.
31 (a) The Director shall appoint a Hypnotherapist
32 Examining and Disciplinary Board which shall serve in an
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1 advisory capacity to the Director. The Board shall consist
2 of 6 members, 3 of whom are hypnotherapists licensed under
3 this Act, one of whom is a licensed clinical psychologist,
4 one of whom is a physician licensed to practice medicine in
5 all its branches, and one of whom is a member of the public
6 and is not a licensed health care provider.
7 (b) Members shall be appointed for and shall serve
8 4-year terms and until their successors are appointed and
9 qualified, except that, of the initial appointees, 3 shall be
10 appointed to serve for 2 years and until their successors are
11 appointed and qualified.
12 (c) The 3 hypnotherapist members shall be licensed
13 hypnotherapists, except that initial appointees may be any
14 person who can document the practice of hypnotherapy in the
15 State of Illinois for 10 years.
16 (d) Any member appointed to fill a vacancy shall be
17 eligible for reappointment to only one full term.
18 (e) The Board shall annually elect one of its members as
19 chairperson and one of its members as vice-chairperson.
20 (f) The members of the Board shall serve without
21 compensation.
22 (g) The Board shall make recommendations on all matters
23 relating to the licensing of persons as hypnotherapists,
24 including without limitation investigation and approval of
25 training programs to insure that those programs provide
26 hypnotherapy education in accordance with this Act. These
27 recommendations shall not impose an undue burden on the
28 Department or an unreasonable restriction on those seeking
29 license renewal.
30 (h) The Director shall give due consideration to all
31 recommendations of the Board.
32 (i) A majority of members currently appointed shall
33 constitute a quorum.
34 (j) The Director may remove any member of the Board for
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1 reasonable cause, which may include without limitation a
2 member who misses 2 consecutive meetings of the Board.
3 Section 40. Application for licensure. Applications for
4 licensure as a hypnotherapist shall be made to the Department
5 on forms prescribed by the Department and accompanied by the
6 required fee, which is not refundable. All applications
7 shall contain information that, in the judgment of the
8 Department, will enable the Department to pass on the
9 qualifications of the applicant for licensure as a
10 hypnotherapist.
11 Section 45. Qualifications for licensure. A person is
12 qualified to be licensed as a hypnotherapist and the
13 Department shall issue a license authorizing the practice of
14 hypnotherapy to an applicant who:
15 (1) has applied in writing on the prescribed form
16 and has paid the required fee;
17 (2) is at least 21 years of age and has not engaged
18 in conduct or activities that would constitute grounds
19 for discipline under this Act;
20 (3) documents that he or she has received a minimum
21 of 100 hours of personal instruction in hypnosis or
22 hypnotherapy that is sanctioned by a national
23 hypnotherapy professional organization as defined by this
24 Act and approved by the Department or from any school
25 teaching hypnotherapy that is accredited by an agency
26 authorized by the United States Department of Education
27 or is otherwise licensed, approved, or sanctioned by any
28 state of the United States. The State shall consider the
29 following criteria when considering the approval of
30 organization and school programs:
31 (A) instruction in the history of hypnosis;
32 (B) techniques of client assessment;
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1 (C) suggestibility testing;
2 (D) induction and dehypnotization techniques;
3 (E) deepening techniques;
4 (F) principles of post-hypnotic suggestion;
5 (G) contraindications for hypnosis;
6 (H) treatment planning;
7 (I) self-hypnosis training;
8 (J) administration and record-keeping;
9 (K) law and ethics; and
10 (L) an orientation to the limits of practice
11 specified in this Act sufficient to allow a
12 reasonable person to make an informed decision as to
13 whether the client's problem reasonably falls within
14 the scope of practice of a licensed hypnotherapist;
15 (4) has completed a minimum of 200 hours of
16 supervised practice of hypnotherapy with a person who is
17 a qualified supervisor, as defined by this Act, with a
18 ratio of not less than one hour of personal supervision
19 for every 15 hours of supervised practice;
20 (5) for each year after the initial year of
21 licensure, documents 15 hours of continuing education in
22 hypnosis or hypnotherapy during the previous year.
23 Section 50. Licensing; renewal; restoration; person in
24 military service; inactive status.
25 (a) The expiration date and renewal period for each
26 license issued under this Act shall be set by rule. Licensed
27 hypnotherapists may renew their license during the 60-day
28 period preceding its expiration date by paying the required
29 fee and demonstrating compliance with any continuing
30 education requirements.
31 (b) Any person who has permitted a license to expire or
32 who has a license on inactive status may have it restored by
33 submitting an application to the Department and filing proof
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1 of fitness to have the license restored, including, if
2 appropriate, evidence which is satisfactory to the Department
3 certifying the practice hypnotherapy in another jurisdiction,
4 and by paying the required fee.
5 (c) If the person has not maintained an active practice
6 in another jurisdiction which is satisfactory to the
7 Department, the Department shall determine the person's
8 fitness to resume active status. The Department may also
9 require the person to complete a specified period of
10 evaluated hypnotherapy work experience.
11 (d) Any person whose license expired while on active
12 duty with the armed forces of the United States, while called
13 into service or training with the State Militia, or in
14 training or education under the supervision of the United
15 States government prior to induction into the military
16 service may have his or her license restored without paying
17 any renewal fees if, within 2 years after the termination of
18 such service, training, or education, except under conditions
19 other than honorable, the Department is furnished with
20 satisfactory evidence that the person has been so engaged and
21 that such service, training, or education has been so
22 terminated.
23 (e) A license to practice hypnotherapy shall not be
24 denied any applicant because of the applicant's race,
25 religion, creed, national origin, political beliefs or
26 activities, age, sex, sexual orientation, or physical
27 impairment.
28 Section 55. Implementation and transitional period.
29 (a) For a period of 3 years after the effective date of
30 this Act, the Department shall, on application, issue a
31 license for the practice of hypnotherapy to any person who
32 has not completed the training specified in paragraph (3) of
33 Section 45, but who can document the maintenance of a
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1 practice of hypnotherapy for remuneration for a period of 3
2 years prior to January 1, 1994. Persons receiving initial
3 licensure under this subsection shall not be required to
4 complete further training in hypnotherapy beyond the annual
5 continuing education required in this Act.
6 (b) For a period of 3 years after the effective date of
7 this Act, the Department shall, on application, issue a
8 license for the practice of hypnotherapy to any person who
9 has not completed any internship, trainee, or supervision
10 period specified in paragraph (4) of Section 45, but who
11 otherwise meets the requirements of Section 45 or who can
12 document, using taxation or other records, the maintenance of
13 a practice of hypnotherapy for remuneration for a period of 3
14 years prior to January 1, 1994. Persons receiving initial
15 licensure under this subsection shall not be required to
16 complete any internship, trainee, or supervision period for
17 renewal of licensure under this Act.
18 (c) The licensure requirements of Section 45 and 55 of
19 this Act shall not be enforced until 12 months after the
20 adoption of final administrative rules.
21 Section 60. Fees.
22 (a) All fees for the administration and enforcement of
23 this Act shall be set by rule of the Department. These fees
24 shall not be refundable.
25 (b) All of the fees collected under this Act shall be
26 deposited into the General Professions Dedicated Fund. The
27 monies deposited into the Fund shall be appropriated to the
28 Department for expenses of the Department in the
29 administration of this Act.
30 Section 65. Checks or orders dishonored. Any person who
31 issues or delivers a check or other order to the Department
32 which is not honored on 2 occasions by the financial
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1 institution upon which it is drawn because of insufficient
2 funds on account, the account is closed, or a stop payment
3 has been placed on the account shall pay to the Department,
4 in addition to the amount owing upon such check or other
5 order, a fee of $50. If the check or other order was issued
6 or delivered in payment of a renewal fee and the person
7 practices without paying the renewal fee and the fee required
8 under this Section, an additional penalty of $100 shall be
9 imposed. The fees and penalties imposed by this Section are
10 in addition to any other penalty for practicing hypnotherapy
11 without a license. The Department shall notify the person
12 whose license has lapsed that the person is engaged in the
13 unauthorized practice of hypnotherapy and the amount due the
14 Department, which shall include the lapsed renewal fee and
15 the other required fees. If, after the expiration of 30 days
16 from the date of the notification, the person whose license
17 has lapsed seeks a current license, the person shall
18 thereafter apply to the Department for reinstatement of
19 license and shall pay all fees due to the Department. The
20 Department may establish a fee for the processing of an
21 application for reinstatement of a license that allows the
22 Department to pay all costs and expenses incident to the
23 processing of this application. However, the Director may
24 waive or reduce the fees in individual cases where he or she
25 finds they would be unnecessarily burdensome.
26 Section 70. Endorsement. The Department may, in its
27 discretion, issue a license for the practice of hypnotherapy
28 to any person who is already licensed or authorized to
29 practice hypnotherapy under the laws of another state or
30 United States jurisdiction and if the requirements for
31 licensure or authorization in that state are, in the opinion
32 of the Department, substantially equal to the requirements of
33 this Act on the date of licensure. Such applicant shall pay
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1 all of the required fees.
2 Section 75. Privileged communications and exceptions.
3 (a) No licensed hypnotherapist shall disclose any
4 information acquired from persons consulting the
5 hypnotherapist in his or her professional capacity, except
6 that which may be voluntarily disclosed under the following
7 circumstances:
8 (1) in the course of formally reporting,
9 conferring, or consulting with administrative superiors,
10 colleagues, or consultants who share professional
11 responsibilities, in which instance all recipients of the
12 information are similarly bound to regard the
13 communication as privileged;
14 (2) with the written consent of the person who
15 provided the information;
16 (3) in the case of death or disability, with the
17 written consent of a personal representative, other
18 person authorized to sue, or the beneficiary of an
19 insurance policy on the person's life, health, or
20 physical condition;
21 (4) when a communication reveals the intended
22 commission of a crime or harmful act and such disclosure
23 is judged necessary by the licensed hypnotherapist to
24 protect any person from a clear, imminent risk of serious
25 mental or physical harm or injury or to forestall a
26 serious threat to the public safety; or
27 (5) when the person waives the privilege by
28 bringing any public charges against the hypnotherapist.
29 (b) When the person is a minor under the laws of the
30 State of Illinois and the information acquired by the
31 hypnotherapist indicates the minor was the victim or subject
32 of a crime, the hypnotherapist may be required to testify in
33 any judicial proceedings in which the commission of that
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1 crime is the subject of inquiry when, after in camera review
2 of the information that the hypnotherapist acquired, the
3 court determines that the interests of the minor in having
4 the information held privileged are outweighed by the
5 requirements of justice, the need to protect the public
6 safety, or the need to protect the minor, except as provided
7 under the Abused and Neglected Child Reporting Act.
8 (c) Any person having access to records or who
9 participates in providing hypnotherapy or in providing any
10 human services and is supervised by a licensed hypnotherapist
11 is similarly bound to regard all information and
12 communications as privileged in accord with this Section.
13 (d) Nothing in this Act shall be construed to prohibit a
14 licensed hypnotherapist from voluntarily testifying in court
15 hearings concerning matters of adoption, child abuse, child
16 neglect, or other matters pertaining to children, except as
17 provided under the Abused and Neglected Child Reporting Act.
18 (e) The Mental Health and Developmental Disabilities
19 Confidentiality Act is incorporated herein as if all of its
20 provisions were included in this Act. In the event of a
21 conflict between the application of this Section and the
22 Mental Health and Developmental Disabilities Confidentiality
23 Act to a specific situation, the provisions of the Mental
24 Health and Developmental Disabilities Confidentiality Act
25 shall control.
26 Section 80. Grounds for discipline.
27 (a) The Department may refuse to issue, renew, or may
28 revoke, suspend, place on probation, reprimand, or take other
29 disciplinary action as the Department deems appropriate,
30 including the issuance of fines not to exceed $1000 for each
31 violation, with regard to any license for any one or more of
32 the following:
33 (1) Material misstatement in furnishing information
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1 to the Department or to any other State agency.
2 (2) Violations or negligent or intentional
3 disregard of this Act or any of its rules.
4 (3) Conviction of any crime under the laws of the
5 United States or any state or territory thereof that is a
6 felony or a misdemeanor, an essential element of which is
7 dishonesty, or of any crime which is directly related to
8 the practice of hypnotherapy.
9 (4) Making any misrepresentation for the purpose of
10 obtaining a license or violating any provision of this
11 Act or its rules.
12 (5) Incompetence or gross negligence in the
13 rendering of hypnotherapy.
14 (6) Malpractice.
15 (7) Advising or assisting another person in
16 violating any provision of this Act or any of its rules.
17 (8) Failing to provide information within 60 days
18 in response to a written request made by the Department.
19 (9) Engaging in dishonorable, unethical, or
20 unprofessional conduct of a character likely to deceive,
21 defraud, or harm the public and violating any rules of
22 conduct established by the Department as part of a
23 reasonable effort to regulate the practice of
24 hypnotherapy within the provisions of this Act.
25 (10) Habitual or excessive use or addiction to
26 alcohol, narcotics, stimulants, or any other chemical
27 agent or drug which results in inability to practice
28 hypnotherapy with reasonable skill, judgment, or safety.
29 (11) Discipline by another jurisdiction, if at
30 least one of the grounds is the same or substantially
31 equivalent to those set forth in this Section.
32 (12) Directly or indirectly giving to or receiving
33 from any person, firm, corporation, partnership, or
34 association any fee, commission, rebate, or other form of
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1 compensation for any service not actually rendered.
2 (13) A finding by the Department that a licensee,
3 after having had his or her license placed on
4 probationary status, has violated the terms of probation.
5 (14) Abandonment of a client.
6 (15) Willfully filing false reports relating to the
7 practice of hypnotherapy, including without limitation
8 false records filed with federal or State agencies or
9 departments.
10 (16) Willfully failing to report an instance of
11 suspected child abuse or neglect as required by the
12 Abused and Neglected Child Reporting Act.
13 (17) Being named as the perpetrator in an indicated
14 report by the Department of Children and Family Services
15 pursuant to the Abused and Neglected Child Reporting Act,
16 and upon proof by clear and convincing evidence that the
17 licensee has caused a child to be an abused child or
18 neglected child as defined in the Abused and Neglected
19 Child Reporting Act.
20 (18) Physical or mental disability, including
21 deterioration through the aging process or loss of
22 abilities and skills which results in the inability to
23 practice hypnotherapy with reasonable judgment, skill, or
24 safety.
25 (19) Solicitation of professional services by using
26 false or misleading advertising.
27 (20) Failure to file a return or to pay the tax,
28 penalty, or interest shown in a filed return or to pay
29 any final assessment of tax, penalty, or interest, as
30 required by any Act administered by the Department of
31 Revenue or any successor agency or the Internal Revenue
32 Service or any successor agency.
33 (b) Any fines imposed under this Section shall not
34 exceed $1,000 for each violation.
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1 (c) The determination by a court that a licensee is
2 subject to involuntary admission or judicial admission as
3 provided in the Mental Health and Developmental Disabilities
4 Code will result in an automatic suspension of his or her
5 license. The suspension will end upon a finding by a court
6 that licensee is no longer subject to involuntary admission
7 or judicial admission, the issuance of an order so finding
8 and discharging the patient, and a decision by the Department
9 that the licensee be allowed to resume the practice of
10 hypnotherapy.
11 Section 85. Violations; injunction; cease and desist
12 order.
13 (a) If any person violates the provisions of this Act,
14 the Director may, in the name of the People of the State of
15 Illinois, through the Attorney General, petition for an order
16 enjoining the violation or for an order enforcing compliance
17 with this Act. Upon the filing of a verified petition, the
18 court with appropriate jurisdiction may issue a temporary
19 restraining order without notice or bond and may
20 preliminarily and permanently enjoin the violation. If it is
21 established that the person has violated or is violating the
22 injunction, the court may punish the offender for contempt of
23 court. Proceedings under this Section are in addition to all
24 other remedies and penalties provided by this Act.
25 (b) If any person holds himself or herself out as being
26 a licensed hypnotherapist under this Act and is not licensed
27 for the practice of hypnotherapy under this Act, then any
28 licensed hypnotherapist, interested party, or any person
29 injured thereby may petition for relief as provided in
30 subsection (a) of this Section.
31 (c) Whenever, in the opinion of the Department, a person
32 violates any provision of this Act, the Department may issue
33 a ruling to show cause why an order to cease and desist
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1 should not be entered against that person. The ruling shall
2 clearly set forth the grounds relied upon by the Department
3 and shall allow at least 7 days from the date of the ruling
4 to file an answer satisfactory to the Department. Failure to
5 answer to the satisfaction of the Department shall cause an
6 order to cease and desist to be issued.
7 Section 90. Investigation of charges; due notice and
8 hearings. The Department may investigate the actions of any
9 applicant or any person holding or claiming to hold a license
10 to practice hypnotherapy. The Department shall, before
11 revoking, suspending, placing on probation, reprimanding, or
12 taking any other disciplinary action under Section 80 of this
13 Act, at least 10 days prior to the date set for the hearing,
14 notify the accused, in writing, of the nature of the charges
15 and that a hearing will be held on the date designated. The
16 written notice may be served by personal delivery or
17 certified or licensed mail to the applicant or licensee at
18 the address of the last notification to the Department. The
19 Department shall also direct the accused to file a written
20 answer with the Department, under oath, within 20 days after
21 the service of the notice and inform the accused that, if he
22 or she fails to file an answer, his or her license may be
23 revoked, suspended, placed on probation, reprimanded, or the
24 Department may take any other or additional disciplinary
25 action, including the issuance of fines not to exceed $1,000
26 for each violation, as the Department may deem necessary,
27 without hearing. At the time and place fixed in the notice,
28 representatives of the Department shall proceed to hear the
29 charges and the parties or their counsel shall be accorded
30 ample opportunity to present such statements, testimony,
31 evidence, and argument as may be pertinent to the charges or
32 to their defense. The Department may continue the hearing
33 from time to time.
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1 Section 95. Record of proceedings and transcripts. The
2 Department, at its expense, shall preserve a record of all
3 proceedings at the formal hearing of any case involving the
4 refusal to issue or to renew a license to practice
5 hypnotherapy. The notice of hearing, complaint, all other
6 documents in the nature of pleadings, written motions filed
7 in the proceedings, the transcript of testimony, and orders
8 of the Department shall be in the record of such proceeding.
9 Section 100. Subpoenas; depositions; oaths. The
10 Department has the power to subpoena and to bring before it
11 any person and to take testimony either orally or by
12 deposition, or both, with the same fees and mileage and in
13 the same manner as prescribed in civil cases in the courts of
14 this State. The Director or the designated hearing officer
15 has the power to administer oaths to witnesses at any hearing
16 that the Department is authorized to conduct and any other
17 oaths authorized in any Act administered by the Department.
18 Section 105. Compelling testimony. Any court, upon
19 application of the Department, designated hearing officer, or
20 the applicant or licensee against whom proceedings under
21 Section 80 of this Act are pending, may enter an order
22 requiring the attendance of witnesses and their testimony and
23 the production of documents, papers, files, recordings,
24 books, and records in connection with any hearing or
25 investigation. The court may compel obedience to its order by
26 proceedings for contempt.
27 Section 110. Findings and recommendations. At the
28 conclusion of the hearing, the designated hearing officer
29 shall present to the Director a written report of its
30 findings of fact, conclusions of law, and recommendations.
31 The report shall contain a finding whether the licensee
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1 violated this Act or failed to comply with the conditions
2 required in this Act. The designated hearing officer shall
3 specify the nature of the violation or failure to comply and
4 shall make his or her recommendations to the Director. The
5 report of findings of fact, conclusions of law, and
6 recommendations of the hearing officer shall be the basis for
7 the Department's order for refusal or for the granting of the
8 license to practice hypnotherapy. If the Director disagrees
9 with the recommendations of the hearing officer, the Director
10 may issue an order in contravention of the recommendations of
11 the hearing officer. The Director shall provide a written
12 report to the designated hearing officer on any disagreement
13 and shall specify the reasons for the action in the final
14 order. The finding is not admissible in evidence against the
15 person in a criminal prosecution brought for the violation of
16 this Act, but the hearing and findings are not a bar to a
17 criminal prosecution brought for the violation of this Act.
18 Section 115. Rehearings. At the conclusion of the
19 hearing, a copy of the designated hearing officer's report
20 shall be served upon the applicant or licensee by the
21 Department, either personally or as provided in this Act for
22 the service of the notice of hearing. Within 20 days after
23 such service, the applicant or licensee may present to the
24 Department a motion in writing for a rehearing that shall
25 specify the particular grounds for rehearing. If no motion
26 for a rehearing is filed, then upon the expiration of the
27 time specified for filing such a motion, or if a motion for
28 rehearing is denied, then upon such denial, the Director may
29 enter an order in accordance with recommendations of the
30 hearing officer, except as provided in Section 120 of this
31 Act. If the applicant or licensee requests and pays for a
32 transcript of the record within the time for filing a motion
33 for rehearing, the 20-day period within which a motion may be
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1 filed shall commence upon the delivery of the transcript to
2 the applicant or licensee.
3 Section 120. Director rehearings. Whenever the Director
4 believes justice has not been done in the revocation,
5 suspension, or refusal to issue or renew a license to
6 practice hypnotherapy or the discipline of a license, he or
7 she may order a rehearing.
8 Section 125. Appointment of a hearing officer. The
9 Director has the authority to appoint any attorney licensed
10 to practice law in the State of Illinois to serve as the
11 hearing officer in any action for refusal to issue or renew a
12 license to practice hypnotherapy. The hearing officer has
13 full authority to conduct the hearing and may appoint an
14 advisory committee of persons who practice hypnotherapy for
15 remuneration and who are licensed under this Act.
16 Section 130. Order or certified copy; prima facie proof.
17 An order regarding any disciplinary action or certified copy
18 thereof, over the seal of the Department and purporting to be
19 signed by the Director, is prima facie proof that:
20 (1) the signature is the genuine signature of the
21 Director; and
22 (2) the Director is duly appointed and qualified.
23 Section 135. Restoration of suspended or revoked
24 license. At any time after the suspension or revocation of
25 any license to practice hypnotherapy, the Department may
26 restore the license to the licensee upon the written
27 recommendation of the Director, unless after an investigation
28 and hearing the Director determines that restoration is not
29 in the public interest.
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1 Section 140. Surrender of license. Upon the revocation
2 or suspension of a license to practice hypnotherapy, the
3 licensee shall immediately surrender his or her license to
4 the Department. If the licensee fails to do so, the
5 Department has the right to seize the license.
6 Section 145. Summary suspension of license. The
7 Director may summarily suspend the license to practice
8 hypnotherapy without a hearing, simultaneously with the
9 institution of proceedings for a hearing provided for in
10 Section 90 of this Act, if the Director finds that evidence
11 in his or her possession indicates that the continuation of
12 practice by the licensed hypnotherapist would constitute an
13 imminent danger to the public. In the event that the
14 Director summarily suspends the license of an individual
15 without a hearing, a hearing must be held within 30 days
16 after the suspension has occurred.
17 Section 150. Administrative Review Law.
18 (a) All final administrative decisions of the Department
19 are subject to judicial review pursuant to the Administrative
20 Review Law and its rules. The term "administrative decision"
21 is defined as in Section 3-101 of the Code of Civil
22 Procedure.
23 (b) Proceedings for judicial review shall be commenced
24 in the circuit court of the county in which the party
25 applying for review resides, but if the party is not a
26 resident of Illinois, the venue shall be in Sangamon County.
27 Section 155. Certification of record; costs. The
28 Department shall not be required to certify any record to the
29 court, to file an answer in court, or to otherwise appear in
30 any court in a judicial review proceeding, unless there is
31 filed in the court, with the complaint, a receipt from the
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1 Department acknowledging payment of the costs of furnishing
2 and certifying the record. Failure on the part of the
3 plaintiff to file the receipt in court is grounds for
4 dismissal of the action.
5 Section 160. Violations. Unless otherwise specified,
6 any person found to have violated any provision of this Act
7 is guilty of a Class A misdemeanor.
8 Section 165. Administrative Procedure Act; application.
9 The Illinois Administrative Procedure Act is hereby expressly
10 adopted and incorporated in this Act as if all of the
11 provisions of that Act were included in this Act.
12 Section 170. Home rule. The regulation and licensing of
13 hypnotherapists are exclusive powers and functions of the
14 State. A home rule unit may not regulate or license
15 hypnotherapists. This Section is a denial and limitation of
16 home rule powers under paragraph (h) of Section 6 of Article
17 VII of the Illinois Constitution.
18 Section 900. The Regulatory Sunset Act is amended by
19 adding Section 4.20 as follows:
20 (5 ILCS 80/4.20 new)
21 Sec. 4.20. Act repealed on January 1, 2010. The
22 following Act is repealed on January 1, 2010:
23 The Hypnotherapist Licensing Act.
24 Section 905. The State Finance Act is amended by adding
25 Section 5.490 as follows:
26 (30 ILCS 105/5.490 new)
27 Sec. 5.490. The Licensed Hypnotherapist Dedicated Fund.
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1 Section 999. Effective date. This Act takes effect on
2 January 1, 2000.".