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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
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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
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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,
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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,
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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
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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
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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
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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.
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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
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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.
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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.
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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
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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.