State of Illinois
90th General Assembly
Legislation

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90_SB0903

      New Act
      5 ILCS 80/4.18 new
      30 ILCS 105/5.449 new
          Creates the Hypnotherapist Licensing Act to  provide  for
      the  regulation  of  hypnotherapists  by  the  Department  of
      Professional   Regulation   through  licensing  requirements.
      Amends  the  Regulatory  Agency  Sunset  Act  to  sunset  the
      Hypnotherapist Licensing Act on January 1, 2008.  Amends  the
      State   Finance   Act  to  add  the  Licensed  Hypnotherapist
      Dedicated Fund. Limits home rule powers.
                                                     LRB9002911DPcc
                                               LRB9002911DPcc
 1        AN  ACT  to  create  the  Hypnotherapist  Licensing  Act,
 2    amending named Acts.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  1.   Short  title.  This Act may be cited as the
 6    Hypnotherapist Licensing Act.
 7        Section 5. Declaration of public policy. The  purpose  of
 8    this  Act  is  to  set  standards  for the qualifications and
 9    experience  of  practitioners  of  hypnotherapy,  to   uphold
10    standards  of  professional performance for those licensed to
11    practice hypnotherapy  in  the  State  of  Illinois,  and  to
12    protect  the  public  from  unprofessional conduct by persons
13    licensed to practice hypnotherapy under this Act.
14        Section 10. Definitions.  As used in this Act:
15        (1)  "Board" means the Licensed Hypnotherapist  Examining
16    and Disciplinary Board.
17        (2)  "Department"  means  the  Department of Professional
18    Regulation.
19        (3)  "Director"  means  the  Director   of   Professional
20    Regulation.
21        (4)  "General    hypnotherapy"   means   a   professional
22    relationship between a licensed hypnotherapist and  a  client
23    in  which  the licensed hypnotherapist provides assistance to
24    the  client  in  matters   related   to   the   recreational,
25    vocational,  avocational,  educational, stress management, or
26    self-improvement goals  of  the  client,  provided  that  the
27    self-improvement  goals  are  not  the  focus of a medical or
28    mental health disorder.
29        (5)  "Hypnotherapy" means the  induction  of  a  hypnotic
30    state in a client to increase motivation or  alter behavioral
                            -2-               LRB90002911DPcc
 1    patterns.  "Hypnotherapy" includes consultation with a client
 2    to determine the nature of the client's  problem,  assessment
 3    of   a  client  to  determine  his  or  her  suitability  for
 4    hypnotherapy,  preparation  of  a  client  to  enter  into  a
 5    hypnotic state, explanation to a client of the nature of  the
 6    hypnotic  state,  instruction  of  a  client in self-hypnosis
 7    conditioning, testing a client to  determine  the  degree  of
 8    physical  and  emotional  suggestibility,  induction  of  the
 9    hypnotic  state  in a client using individualized methods and
10    techniques  based  on  interpretation  of  test  results  and
11    analysis of problems, and discussion with a client  regarding
12    the results of hypnosis.
13        (6)  "Independent  practice"  means  the provision to the
14    public of general hypnotherapy or referred  hypnotherapy  for
15    remuneration  by  a  person licensed to practice hypnotherapy
16    under this Act.
17        (7)  "National  professional   organization"   means   an
18    organization   that   is  dedicated  to  providing  training,
19    continuing   education,   and    performance    testing    in
20    hypnotherapy, is incorporated in a state of the United States
21    of  America,  can  document  active membership in at least 15
22    states of the United States  of  America,  and  has  training
23    requirements  that are at least sufficient for licensing as a
24    licensed hypnotherapist in this State.
25        (8)  "Person"   means   an    individual,    association,
26    partnership, or corporation.
27        (9)  "Psychotherapy"    means    a    relationship    for
28    remuneration  between  a  therapist and a client in which the
29    therapist renders assistance to the client for the purpose of
30    diagnosing, treating,  curing,  or  improving  mental  health
31    disorders.
32        (10)  "Qualified  supervisor"  means  a  person  who is a
33    licensed  hypnotherapist,  meets   the   qualifications   for
34    independent   practice  of  hypnotherapy,  and  has  been  in
                            -3-               LRB90002911DPcc
 1    practice as a hypnotherapist for at least 3 years.
 2        (11)  "Referred  hypnotherapy"   means   a   professional
 3    relationship  between  a licensed hypnotherapist and a client
 4    in which the licensed hypnotherapist provides  assistance  to
 5    the  client,  as  an  adjunct  to health care provided by the
 6    licensed professional who specifically referred the client to
 7    the licensed hypnotherapist, in:
 8             (A)  matters  related   to   a   medical   condition
 9        diagnosed  by  a  licensed  physician, licensed doctor of
10        dental medicine, or a  licensed  doctor  of  chiropractic
11        medicine  who has specifically referred the client to the
12        licensed hypnotherapist in writing or by prescription; or
13             (B)  matters related to a  mental  health  condition
14        diagnosed  by  a  licensed mental health professional who
15        has specifically referred  the  client  to  the  licensed
16        hypnotherapist by written referral.
17    "Referred  hypnotherapy"  does  not  include  the making of a
18    specific medical or psychological diagnosis.
19        (12)  "Licensed hypnotherapist" means a  person  licensed
20    to practice hypnotherapy under this Act.
21        (13)  "Supervised   practice"   means  the  provision  of
22    hypnotherapy to a client under the  guidance,  critique,  and
23    review of a qualified supervisor.
24        (14)  "Supervision"   means  review  of  aspects  of  the
25    therapeutic  relationship  between  a  hypnotherapist  and  a
26    client in a face-to-face meeting for the purpose of improving
27    the therapeutic  skills of the person under supervision.
28        Section 15. Application of Act; exemptions.
29        (a)  A person holding a license issued under this Act may
30    practice general hypnotherapy  or  referred  hypnotherapy  in
31    independent   practice   or   as   part  of  an  association,
32    partnership, or corporation.
33        (b)  This  Act  does  not  prohibit  a   person   legally
                            -4-               LRB90002911DPcc
 1    regulated  in  this State by another Act from engaging in the
 2    practice for which he or she is authorized so long as  he  or
 3    she  does  not  represent  himself or herself by the title of
 4    "Licensed Hypnotherapist".  Nothing  in  this  Act  shall  be
 5    construed  to  limit  or  prevent  a  licensed  physician,  a
 6    licensed doctor of chiropractic medicine, a licensed clinical
 7    psychologist,  a  licensed clinical social worker, a licensed
 8    social worker, a licensed clinical professional counselor,  a
 9    licensed  professional  counselor, or a licensed marriage and
10    family therapist from engaging in the practice of hypnosis or
11    hypnotherapy. Nothing in  this  Act  shall  be  construed  to
12    require   a   licensed   physician,   a  licensed  doctor  of
13    chiropractic  medicine,  a  licensed  doctor  of  naprapathic
14    medicine,  a  licensed  clinical  psychologist,  a   licensed
15    clinical  social worker, a licensed social worker, a licensed
16    clinical professional   counselor,  a  licensed  professional
17    counselor,  or  a  licensed  marriage and family therapist to
18    receive specific training or supervised practice in  hypnosis
19    or hypnotherapy beyond the requirements that may be specified
20    in  the  Acts  regulating those professions.  Nothing in this
21    Act shall be construed to limit the activities  and  services
22    provided  by  a person regulated in this State by another Act
23    from engaging in the practice of hypnotherapy,  provided  the
24    regulatory  Act  governing  the  person  contains  a scope of
25    practice that might reasonably be interpreted to include  the
26    use of hypnotherapy.
27        (c)  This   Act   does   not  prohibit  the  practice  of
28    nonregulated professions whose practitioners are  engaged  in
29    the  delivery  of human services as long as the practitioners
30    neither  represent  themselves  as    or  use  the  title  of
31    "Licensed Hypnotherapist" nor provide hypnotherapy.
32        (d)  Nothing in this Act shall be construed to limit  the
33    activities   and   services   of   a  trainee  or  intern  in
34    hypnotherapy  seeking   to   fulfill   the   educational   or
                            -5-               LRB90002911DPcc
 1    supervision  requirements  in  order to qualify for a license
 2    under this Act, provided that the activities and services  of
 3    the person or intern are supervised by a qualified supervisor
 4    as  required  in  this  Act  and  the trainee or intern holds
 5    himself or herself out to the public using the term  "intern"
 6    or a similar designation.
 7        (e)  Corporations,  partnerships,  and  associations  may
 8    employ   persons   seeking  to  fulfill  the  educational  or
 9    supervision requirements for a license under this Act if  the
10    activities  and services rendered by that person constitute a
11    part of the trainee's supervised course of study or  required
12    professional  supervision.
13        (f)  Nothing  in  this  Act shall prohibit a corporation,
14    partnership, or association from contracting with a  licensed
15    health care professional to provide services that are similar
16    to those provided by licensed hypnotherapists.
17        (g)  Nothing in this Act shall prevent the employment, by
18    a    licensed    hypnotherapist,   individual,   association,
19    partnership,  or  corporation  furnishing  hypnotherapy   for
20    remuneration,  of  persons  not  licensed  under  this Act to
21    perform services in various capacities  as  needed,  provided
22    that  those  persons  are  not  in any manner held out to the
23    public as rendering hypnotherapy.
24        (h)  Nothing  contained  in  this  Act  shall  require  a
25    hospital, clinic, home health  agency,  hospice,  or    other
26    entity  that  provides  health  care services to employ or to
27    contract  with   a   licensed   hypnotherapist   to   perform
28    hypnotherapy.
29        (i)  Nothing  in this Act shall be construed to limit the
30    services of a person, not licensed under  the  provisions  of
31    this  Act,  in  the  employ  of a State, county, or municipal
32    agency  or  other  political  subdivision  or  not-for-profit
33    corporation providing human services if (1) the services  are
34    a part of the duties of his or her salaried position, (2) the
                            -6-               LRB90002911DPcc
 1    services  are  performed  solely  on  behalf  of  his  or her
 2    employer, and (3) the person is not in any manner held out to
 3    the public as a licensed hypnotherapist.
 4        (j) Duly  recognized  members  of  a  bonafide  religious
 5    denomination  shall  not  be  restricted  from functioning in
 6    their ministerial capacity by this Act provided they  do  not
 7    represent themselves as being  licensed hypnotherapists.
 8        (k)  Nothing  in  this  Act  shall  prohibit  persons not
 9    licensed under this Act who work  in  self-help    groups  or
10    programs   or  not-for-profit  organizations  from  providing
11    services  in  those  groups,  programs,   or   organizations,
12    provided that the person is not in any manner held out to the
13    public as a licensed hypnotherapist.
14        Section 20. License requirement; scope of practice.
15        (a)  Except  as provided under Section 15 of this Act, no
16    person  shall,  without  holding  a  license  issued  by  the
17    Department under this Act: (1) in any manner hold himself  or
18    herself  out to the public as a licensed hypnotherapist under
19    this Act, (2) use the title "Licensed Hypnotherapist", or (3)
20    offer  to  render  or  render  hypnotherapy  to  individuals,
21    corporations, partnerships, associations, or the public.
22        (b) Nothing in this Act shall be construed as  permitting
23    persons  licensed  under  this Act to engage in any manner in
24    the practice of medicine in all its branches as defined under
25    the Medical Practice Act of 1987.
26        (c) When, in the course of providing  hypnotherapy  to  a
27    person,  a  licensed  hypnotherapist  finds  indication  of a
28    disease or condition that in his  or  her  judgment  requires
29    professional  service outside of the scope of the practice of
30    hypnotherapy,  he  or  she  shall  refer  that  person  to  a
31    physician licensed to practice medicine in all  its  branches
32    or another appropriate health care provider.
33        (d)  All  persons  licensed  under this Act shall give to
                            -7-               LRB90002911DPcc
 1    each client  who  seeks  to  receive  hypnotherapy  from  the
 2    licensed   hypnotherapist   a   full   and  accurate  written
 3    disclosure statement of the type and nature of education  and
 4    training  possessed  by  that  licensed  hypnotherapist.  The
 5    information contained  in  this  disclosure  statement  shall
 6    contain,  but  not  be limited to, academic degrees earned by
 7    the  licensed  hypnotherapist  and  the   nature   of   their
 8    accreditation, training programs in hypnotherapy completed by
 9    the licensed hypnotherapist, including the number of hours of
10    instruction   and   duration   of   training,   and  national
11    certifications  in  hypnotherapy   held   by   the   licensed
12    hypnotherapist.   The  disclosure  statement shall also state
13    that psychotherapy and the diagnosis of  mental,  dental,  or
14    medical  disease  is  not  a  part  of  hypnotherapy and that
15    licensure under this Act  does  not  authorize  a  person  to
16    practice psychotherapy or  diagnosis.
17        (e) No person licensed as a licensed hypnotherapist under
18    the  provisions  of  this  Act shall publicly advertise their
19    services in any way that would cause a reasonable  person  to
20    conclude that the person licensed as a hypnotherapist is also
21    a  doctor  of  medicine  or  psychology,  unless  the  person
22    licensed  under  the  provisions of this Act is also licensed
23    under a valid existing Act for the practice  of  medicine  or
24    psychology.
25        Section 25. Powers and duties of the Department.  Subject
26    to the provisions of this Act, the Department may:
27             (1)  Review  applications for licensing from persons
28        seeking a license  under  this  Act  to  ascertain  their
29        fitness and qualifications to practice hypnotherapy.
30             (2)  Conduct  hearings  on  proceedings to refuse to
31        issue or renew or to revoke  a  license  or  to  suspend,
32        place   on   probation,  censure,  or  reprimand  persons
33        licensed under this Act.
                            -8-               LRB90002911DPcc
 1             (3)  Formulate rules required for the administration
 2        and  enforcement  of  this  Act  and  issue   appropriate
 3        licenses.
 4             (4)  Maintain  rosters of the names and addresses of
 5        all  licensed  hypnotherapists  and  all  persons   whose
 6        licenses  have been suspended, revoked, or denied renewal
 7        for cause within the previous calendar year.  The rosters
 8        shall be available upon written request  and  payment  of
 9        the required fee.
10        Section   30.   Licensed   Hypnotherapist  Examining  and
11    Disciplinary Board
12        (a) The Director shall appoint a Board that  shall  serve
13    in  an  advisory  capacity  to the Director.  The Board shall
14    consist of 6 persons, 3 of whom are hypnotherapists,  one  of
15    whom  is  a  licensed clinical psychologist, one of whom is a
16    licensed physician, and one of whom who is a  member  of  the
17    public and who is not a licensed health care provider.
18        (b) Members shall be appointed for and shall serve 4 year
19    terms   and   until  their  successors  are    appointed  and
20    qualified, except that of the initial appointments, 3 members
21    shall be appointed to serve  for  2  years  and  until  their
22    successors are appointed and qualified.
23        (c) Hypnotherapist members of the Board shall be licensed
24    hypnotherapists,  except  that  of  the initial appointments,
25    persons who can document the practice of hypnotherapy in  the
26    State  of  Illinois  for  10  years  may  serve  until  their
27    successors are appointed and qualified.
28        (d)  The  membership  of  the  Board should, as far as is
29    possible, be geographically representative of  the  State  of
30    Illinois  and  of the organizations that provide hypnotherapy
31    education in the State of Illinois.
32        (e) A  member  appointed  to  fill  a  vacancy  shall  be
33    eligible for reappointment to only one full term.
                            -9-               LRB90002911DPcc
 1        (f)  The Board shall annually elect one of its members as
 2    chairperson.
 3        (g)  The  members  of  the  Board  shall  serve   without
 4    compensation.
 5        (h)  The  Board shall make recommendations on all matters
 6    relating  to   the   licensing   of   persons   as   licensed
 7    hypnotherapists,  including  but not limited to investigation
 8    and approval  of  training  programs  to  insure  that  those
 9    programs  provide  hypnotherapy  education in accordance with
10    this Act.  These recommendations shall not  impose  an  undue
11    burden  on  the  Department or an unreasonable restriction on
12    those seeking license renewal.
13        (i) The Director shall consider  all  recommendations  of
14    the Board.
15        Section  35.  Application  for license. Application for a
16    license as a licensed hypnotherapist shall  be  made  to  the
17    Department on forms prescribed by the Department and shall be
18    accompanied  by  the  required  fee, which is not refundable.
19    All applications  shall  contain  information  that,  in  the
20    judgment  of  the  Department,  will enable the Department to
21    pass on the qualifications of the applicant to practice as  a
22    licensed hypnotherapist.
23        Section  40.  Qualifications  for  license.   A person is
24    qualified to be licensed as a licensed    hypnotherapist  and
25    the Department shall issue a license authorizing the practice
26    of hypnotherapy to an  applicant if the applicant:
27             (1)  has  applied  in writing on the prescribed form
28        and has paid the required fee;
29             (2)  is at least 21 years of age and has not engaged
30        in conduct or activities that  would  constitute  grounds
31        for discipline under this Act;
32             (3)  provides  documentation  that  he  or  she  has
                            -10-              LRB90002911DPcc
 1        received  a  minimum of 100 hours of personal instruction
 2        in hypnosis or  hypnotherapy  that  is  sanctioned  by  a
 3        national  professional  organization  or  received from a
 4        school teaching hypnotherapy that  is  accredited  by  an
 5        agency  authorized  by  the  United  States Department of
 6        Education  or  is  otherwise   licensed,   approved,   or
 7        sanctioned  by  any  state of the United States, provided
 8        the organization or school has been approved by the Board
 9        and teaches a curriculum that includes:
10                  (A)  instruction in the history of hypnosis;
11                  (B)  techniques of client assessment;
12                  (C)  suggestibility testing;
13                  (D)  induction and dehypnotization techniques;
14                  (E)  deepening techniques;
15                  (F)  principles of post-hypnotic suggestion;
16                  (G)  contraindications for hypnosis;
17                  (H)  treatment planning;
18                  (I)  self-hypnosis training;
19                  (J)  administration and record-keeping;
20                  (K)  law and ethics relating  to  hypnotherapy;
21             and
22                  (L)  an  orientation  to the limits of practice
23             specified  in  this  Act  sufficient  to   allow   a
24             reasonable  person  to  make an informed decision if
25             the client's problem  reasonably  falls  within  the
26             scope of practice of a licensed hypnotherapist;
27             (4)  has   completed  a  minimum  of  200  hours  of
28        supervised practice of hypnotherapy with a person who  is
29        a  qualified  supervisor, with a ratio of not less than 1
30        hour of  personal  supervision  for  every  15  hours  of
31        supervised practice.
32        Section  45.  Licensing;  renewal;  restoration; military
33    service; inactive status.
                            -11-              LRB90002911DPcc
 1        (a) The expiration  date  and  renewal  period  for  each
 2    license  issued  under  this  Act  shall  be  set by  rule. A
 3    licensed hypnotherapist may renew his or her  license  during
 4    the  60-day  period  preceding its expiration  date by paying
 5    the required fee and demonstrating compliance with continuing
 6    education  requirements. A  renewal  applicant  shall,  at  a
 7    minimum,  provide proof that he or she has completed 15 hours
 8    of continuing education in hypnosis  or  hypnotherapy  during
 9    the previous year.
10        (b)  A  person  who  has permitted a license to expire or
11    who has a license on inactive status may   have  the  license
12    restored  by  submitting an application to the Department and
13    filing proof of  fitness  to  have  the    license  restored,
14    including,  if  appropriate, evidence that is satisfactory to
15    the Department  certifying  the    practice  hypnotherapy  in
16    another jurisdiction and by paying the required fee.
17        (c)  If  the person has not maintained an active practice
18    in  another  jurisdiction  that  is   satisfactory   to   the
19    Department,  the  Department  shall  determine  the  person's
20    fitness  to  resume  active  status.  The Department may also
21    require  the  person  to  complete  a  specified  period   of
22    evaluated hypnotherapy work experience.
23        (d)  However,  a  person  whose  license expired while on
24    active duty with the armed forces of the United States, while
25    called into service or training with the State Militia, or in
26    training or education under the  supervision  of  the  United
27    States  government  prior  to  induction  into  the  military
28    service  may have his or her  license restored without paying
29    any renewal fees if, within 2 years after the termination  of
30    the  service, training, or education, except under conditions
31    other  than  honorable,  the  Department  is  furnished  with
32    satisfactory evidence that the person has been so engaged and
33    that the service, training, or education has been terminated.
34        (e) A license  to  practice  hypnotherapy  shall  not  be
                            -12-              LRB90002911DPcc
 1    denied   an   applicant  because  of  the  applicant's  race,
 2    religion,  creed,  national  origin,  political  beliefs   or
 3    activities,   age,   sex,  sexual  orientation,  or  physical
 4    impairment.
 5        Section 50. Implementation and transitional period.
 6        (a) For a period of 3 years after the effective  date  of
 7    this  Act,  the  Department shall issue a license to practice
 8    hypnotherapy to  an  applicant  who  has  not  completed  the
 9    training specified in subdivision (3) of Section 40 this Act,
10    but  who  can  document  the  maintenance  of  a  practice of
11    hypnotherapy for  remuneration  for  a  period  of  3  years.
12    Persons  receiving initial licensing under this Section shall
13    not be required to complete further training in  hypnotherapy
14    beyond  the  annual continuing education requirements of this
15    Act.
16        (b) For a period of 3 years after the effective  date  of
17    this  Act,  the  Department shall issue a license to practice
18    hypnotherapy  to  an  applicant  who  has  not  completed  an
19    internship,  trainee,  or  supervision  period  specified  in
20    subdivision (4) of Section 40 of this Act, but who meets  the
21    requirements  of subdivision (3) of Section 40 of this Act or
22    who can document, using tax records  or  other  records,  the
23    maintenance  of  a  practice  of  hypnotherapy for meaningful
24    remuneration for a period  of  3  years.   Persons  receiving
25    initial licensing under this Section shall not be required to
26    complete  an  internship, training, or supervision period for
27    renewal of a license under this Act.
28        Section 55. Fees.  The fees imposed under this Act are as
29    follows and are not refundable:
30        (a) The initial fee for application for a  license  as  a
31    licensed hypnotherapist is $150.
32        (b) The fee for renewal of a license is $30 per year.
                            -13-              LRB90002911DPcc
 1        (c)  The  fee for the reinstatement of a license that has
 2    been expired for less than 5 years is $20,  plus  payment  of
 3    all unpaid fees for every year that has lapsed.
 4        (d)  The  fee  for  the restoration of a license that has
 5    expired for more than 5 years is $200.
 6        (e) The fee for the issuance of a duplicate license,  the
 7    issuance of a replacement license for a license that has been
 8    lost or destroyed, or the issuance of a license with a change
 9    of  name or address, other than during the renewal period, is
10    $20.  No fee is required for  name  and  address  changes  on
11    Department records when no duplicate license is issued.
12        (f)   The   fee  for  the  certification  of  a  licensed
13    hypnotherapist's record is $200.
14        (g) The initial fee for application for a  license  by  a
15    person licensed or authorized to practice  hypnotherapy under
16    the laws of another jurisdiction is $200.
17        (h)  The  fee for copies of a license shall be the actual
18    cost of producing the copies.
19        (i) The fee for a roster of persons licensed  under  this
20    Act shall be the actual cost of  producing the roster.
21        Fees   for   the  services  provided  by  the  Department
22    specified in this Act may, from time to time, be adjusted  by
23    the  Department  so  that  revenue collected is sufficient to
24    cover the expenses incurred  by  the  Department  to  license
25    qualified  persons under this Act. For a period of one fiscal
26    year after the enactment of this Act, 90%  of  all  the  fees
27    collected under this Act shall be deposited into the Licensed
28    Hypnotherapist  Dedicated  Fund, which is hereby created as a
29    special fund   in  the  State  Treasury,  and  10%  shall  be
30    deposited into the General Revenue Fund.  In all future years
31    all  of  the fees collected under this Act shall be deposited
32    into the Licensed Hypnotherapist Dedicated Fund.  The  moneys
33    deposited  into  the  Licensed  Hypnotherapist Dedicated Fund
34    shall be appropriated to the Department for expenses  of  the
                            -14-              LRB90002911DPcc
 1    Department  in the administration of this Act.  Moneys in the
 2    Licensed Hypnotherapist Dedicated Fund may  be  invested  and
 3    reinvested,  with all earning received from investments to be
 4    deposited into that Fund and used for  the  same  purpose  as
 5    fees deposited in that Fund.
 6        Section  60.  Checks  or  orders dishonored. A person who
 7    issues or delivers a check or other order to  the  Department
 8    that   is  not  honored  on  2  occasions  by  the  financial
 9    institution upon which  is  drawn,  because  of  insufficient
10    funds  on  account,  the account is closed, or a stop payment
11    has been placed on the account, shall pay to  the  Department
12    in  addition  to  the  amount  owing  upon the check or other
13    order, a fee of $50.  If the check or other order was  issued
14    or delivered in payment of a renewal fee and the person whose
15    license  as a licensed hypnotherapist has lapsed continues to
16    practice without paying the renewal fee and the fee  required
17    under  this  Section,  an additional penalty of $100 shall be
18    imposed for practicing without a current license.   The  fees
19    and  penalties imposed by this Section are in addition to any
20    other penalty for practicing hypnotherapy without  a  license
21    issued under this Act. The Department shall notify the person
22    whose  license  has  lapsed that the person is engaged in the
23    unauthorized practice of hypnotherapy and the amount due  the
24    Department,  which  shall include the  lapsed renewal fee and
25    other required fees.  If after the expiration of 30 days from
26    the date of the notification the  person  whose  license  has
27    lapsed seeks a current license, the person shall apply to the
28    Department for reinstatement of the license and shall pay all
29    fees  due  to the Department.  The Department may establish a
30    fee for the processing of an application for reinstatement of
31    a license that allows the Department to cover all  costs  and
32    expenses  incident  to  the  processing  of  the application.
33    However, the  Director  may  waive  or  reduce  the  fees  in
                            -15-              LRB90002911DPcc
 1    individual  cases  where  he  or  she  finds  they  would  be
 2    unnecessarily burdensome.
 3        Section  65.   Endorsement.   The  Department may issue a
 4    license for the practice of hypnotherapy to a  person who has
 5    not fulfilled the qualifications for licensing under this Act
 6    if the person is already licensed or authorized  to  practice
 7    hypnotherapy  under  the  laws  of    another state or United
 8    States jurisdiction and if the requirements for licensing  or
 9    authorization  in that state  are, on the date of application
10    under this Act, substantially equal to  the  requirements  of
11    this  Act  in  the   opinion of the Department. The applicant
12    shall pay the required fees.
13        Section 70.  Privileged communications; exceptions.
14        (a) No licensed hypnotherapist shall disclose information
15    acquired from a person consulting the licensed hypnotherapist
16    in his or her capacity as a licensed  hypnotherapist,  except
17    information  that that may be voluntarily disclosed under the
18    following circumstances:
19             (1) In the course of formally reporting, conferring,
20        or consulting with administrative superiors,  colleagues,
21        or  consultants  who share professional responsibilities,
22        in which instance all recipients of the  information  are
23        similarly   bound   to   regard   the   communication  as
24        privileged.
25             (2) With the  written  consent  of  the  person  who
26        provided the information.
27             (3)  In  the  case  of death or disability, with the
28        written consent of  a  personal  representative,  another
29        person  authorized  to  sue,  or  the  beneficiary  of an
30        insurance policy    on  the  person's  life,  health,  or
31        physical condition.
32             (4)   When  a  communication  reveals  the  intended
                            -16-              LRB90002911DPcc
 1        commission of a crime or  harmful act and  disclosure  is
 2        judged   necessary  by  the  licensed  hypnotherapist  to
 3        protect a person from a clear, imminent risk  of  serious
 4        mental  or  physical  harm  or  injury  or to forestall a
 5        serious threat to the public safety.
 6             (5) When the person waives the privilege by bringing
 7        public charges against the licensed hypnotherapist.
 8        (b) When the person is a minor  under  the  laws  of  the
 9    State  of  Illinois  and  the  information  acquired  by  the
10    licensed hypnotherapist indicates the minor was the victim or
11    subject  of  a  crime,  the  licensed  hypnotherapist  may be
12    required to testify in a judicial  proceeding  in  which  the
13    commission  of  that  crime  is  the subject of inquiry when,
14    after in camera review of the information that  the  licensed
15    hypnotherapist   acquired,  the  court  determines  that  the
16    interests  of  the  minor  in  having  the  information  held
17    privileged are outweighed by the requirements of justice, the
18    need to protect the public safety, or the need to protect the
19    minor, except as provided  under  the  Abused  and  Neglected
20    Child Reporting Act.
21        (c)  A  person  having  access to records or a person who
22    participates in  providing  hypnotherapy  or  human  services
23    under  the  supervision  of  a  licensed  hypnotherapist,  is
24    similarly  bound to regard all information and communications
25    as privileged in accord with this Section.
26        (d) Nothing in this Act shall be construed to prohibit  a
27    licensed hypnotherapist from voluntarily  testifying in court
28    hearings  concerning  matters of adoption, child abuse, child
29    neglect, or other matters  pertaining to children, except  as
30    provided under the Abused and Neglected Child Reporting Act.
31        (e)  The  Mental  Health  and  Developmental Disabilities
32    Confidentiality Act is incorporated in this Act as if all  of
33    its  provisions were included in this Act.  In the event of a
34    conflict between the application  of  this  Section  and  the
                            -17-              LRB90002911DPcc
 1    Mental  Health and Developmental Disabilities Confidentiality
 2    Act to a specific situation, the  provisions  of  the  Mental
 3    Health  and  Developmental  Disabilities  Confidentiality Act
 4    shall control.
 5        Section 75. Grounds for discipline.
 6        (a) The Department may refuse to  issue,  renew,  or  may
 7    revoke, suspend, place on probation, reprimand, or take other
 8    disciplinary  action  as  the  Department  deems appropriate,
 9    including the issuance of fines not to exceed $1,000 for each
10    violation, with regard to a license for one or  more  of  the
11    following:
12             (1)  Material misstatement in furnishing information
13        to the Department or another State agency.
14             (2)  Violations  of  or  negligent  or   intentional
15        disregard of this Act or its rules.
16             (3)  Conviction  of  a  crime  under the laws of the
17        United States or any state or territory thereof that is a
18        felony or that is a misdemeanor, an essential element  of
19        which  is  dishonesty,  or  of  a  crime that is directly
20        related to the practice of hypnotherapy.
21             (4)  Making a misrepresentation for the  purpose  of
22        obtaining  a  license  as  a  licensed  hypnotherapist or
23        violating any provision of this Act or its rules.
24             (5) Incompetence or gross negligence in the practice
25        of hypnotherapy.
26             (6) Malpractice.
27             (7)  Advising  or  assisting   another   person   in
28        violating a provision of this Act or its rules.
29             (8) Failing to provide information within 60 days in
30        response to a written request made by the Department.
31             (9) Engaging in dishonorable or unethical conduct or
32        conduct  likely  to deceive, defraud, or harm the public,
33        as defined by rule of the Department.
                            -18-              LRB90002911DPcc
 1             (10) Habitual  or  excessive  use  or  addiction  to
 2        alcohol,  narcotics,  stimulants,  or  any other chemical
 3        agent or drug  that  results  in  inability  to  practice
 4        hypnotherapy with reasonable skill, judgment, or safety.
 5             (11) Discipline by another jurisdiction, if at least
 6        one  of  the  grounds  for  discipline  is  the  same  or
 7        substantially  equivalent  to  those  set  forth  in this
 8        Section.
 9             (12) Directly or indirectly giving to  or  receiving
10        from   a   person,  firm,  corporation,  partnership,  or
11        association a fee, commission, rebate, or other  form  of
12        compensation for a service not actually rendered.
13             (13)  A  finding  by  the Department that a licensed
14        hypnotherapist, after  having  had  his  or  her  license
15        placed  on probationary status, has violated the terms of
16        probation.
17             (14) Abandonment of a client.
18             (15) Willfully filing false reports relating to  the
19        practice of a licensed  hypnotherapist, including but not
20        limited  to  false  records  filed  with federal or State
21        agencies or departments.
22             (16) Willfully failing  to  report  an  instance  of
23        suspected  child  abuse  or  neglect  as  required by the
24        Abused and Neglected Child Reporting Act.
25             (17) Being named as the perpetrator in an  indicated
26        report  by  the  Department  of Child and Family Services
27        pursuant to the Abused and Neglected Child Reporting Act,
28        and upon proof by clear and convincing evidence that  the
29        licensed  hypnotherapist  has  caused  a  child  to be an
30        abused child or neglected child as defined in the  Abused
31        and Neglected Child Reporting Act.
32             (18)   Physical   or  mental  disability,  including
33        deterioration  through  the  aging  process  or  loss  of
34        abilities and skills, that results in  the  inability  to
                            -19-              LRB90002911DPcc
 1        practice hypnotherapy with reasonable judgment, skill, or
 2        safety.
 3             (19)  Solicitation of professional services by using
 4        false or misleading advertising.
 5             (20) Failure to file  a  return,  to  pay  the  tax,
 6        penalty,  or  interest shown in a filed return, or to pay
 7        any final assessment of tax,  penalty,  or  interest,  as
 8        required  by  an  Act  administered  by the Department of
 9        Revenue or its successor agency or the  Internal  Revenue
10        Service or its successor agency.
11        (b)  The  determination by a court that a person licensed
12    to practice hypnotherapy is subject to involuntary  admission
13    or  judicial  admission  as provided in the Mental Health and
14    Developmental Disabilities Code will result in  an  automatic
15    suspension  of  his or her license.  The  suspension will end
16    upon a finding by a court that the person licensed under this
17    Act is no longer subject to involuntary admission or judicial
18    admission,  the  issuance  of  an  order   so   finding   and
19    discharging  the  patient,  and  a decision by the Department
20    that the licensed hypnotherapist be  allowed  to  resume  the
21    practice of hypnotherapy.
22        Section  80.  Violations;  injunction;  cease  and desist
23    order.
24        (a) If a person violates a provision  of  this  Act,  the
25    Director  may,  in  the  name  of the People  of the State of
26    Illinois, through the Attorney General, petition for an order
27    enjoining the violation or for an  order enforcing compliance
28    with this Act.  Upon the filing of a verified  petition,  the
29    court  with  appropriate   jurisdiction may issue a temporary
30    restraining  order  without   notice   or   bond,   and   may
31    preliminarily  and   permanently enjoin the violation.  If it
32    is established that the person has violated or  is  violating
33    the  injunction,  the  court  may  punish  the  offender  for
                            -20-              LRB90002911DPcc
 1    contempt  of  court.   Proceedings  under this Section are in
 2    addition to all other remedies and penalties provided by this
 3    Act.
 4        (b) If a person hold himself or herself out  as  being  a
 5    licensed hypnotherapist under this Act and is not licensed to
 6    practice  hypnotherapy  under  this  Act,  then  any licensed
 7    hypnotherapist, interested party, or person  injured  thereby
 8    may petition for relief as provided in subsection (a) of this
 9    Section.
10        (c)  Whenever, in the opinion of the Department, a person
11    violates a provision of this Act, the Department may issue  a
12    ruling  to show cause why an order to cease and desist should
13    not be entered against that person. The ruling shall  clearly
14    set forth the grounds relied upon by the Department and shall
15    allow  at least 7 days from the date of the ruling to file an
16    answer satisfactory to the Department.  Failure to answer  to
17    the  satisfaction  of  the Department shall cause an order to
18    cease and desist to be issued.
19        Section   85.   Investigation;   notice;   hearing.   The
20    Department may investigate the actions  of  an  applicant  or
21    person  holding  or  claiming  to  hold a license to practice
22    hypnotherapy.   The  Department  shall,  before  revoking  or
23    suspending a license or placing on  probation,  reprimanding,
24    or  taking  any  other disciplinary action against a licensee
25    under Section 75 of this Act, at least 10 days prior  to  the
26    date  set for the hearing, notify in writing the applicant or
27    licensee of the nature of the charges   and  that  a  hearing
28    will  be held on the date designated.  The written notice may
29    be served by personal delivery  or  certified  or  registered
30    mail   to  the  applicant  or  person  licensed  to  practice
31    hypnotherapy at the address of his or her  last  notification
32    to  the  Department.   The  Department  shall also direct the
33    licensee to file a written answer with the Department,  under
                            -21-              LRB90002911DPcc
 1    oath, within 20 days after the service of the notice, and the
 2    Department shall inform the person that if he or she fails to
 3    file  an  answer,  his  or  her  license  may  be  revoked or
 4    suspended,  he  or  she  may  be  placed  on   probation   or
 5    reprimanded,   or   the   Department   may   take  any  other
 6    disciplinary action, including the issuance of fines  not  to
 7    exceed  $1,000 for each violation, as the Department may deem
 8    necessary, without a hearing.  At the time and place fixed in
 9    the notice, representatives of the Department  shall  proceed
10    to  hear  the charges and the parties or their  counsel shall
11    be  afforded  ample  opportunity   to   present   statements,
12    testimony,  evidence,  and  argument that may be pertinent to
13    the charges or to the defense of the charges.  The Department
14    may continue the hearing from time to time.
15        Section  90.  Appointment  of  a  hearing  officer.   The
16    Director has the authority to appoint an attorney licensed to
17    practice law in the State of Illinois to serve as the hearing
18    officer in an action for refusal to issue or renew a  license
19    to  practice  hypnotherapy.   The  hearing  officer  has full
20    authority to conduct the hearing and may appoint an  advisory
21    committee   of   persons   who   practice   hypnotherapy  for
22    remuneration and who are licensed to practice hypnotherapy by
23    this Act.
24        Section 95.  Record of proceedings and transcripts.   The
25    Department,  at  its  expense, shall preserve a record of all
26    proceedings at the formal hearing of  a  case  involving  the
27    refusal to issue or renew a license to practice hypnotherapy.
28    The  notice of hearing, complaint, all other documents in the
29    nature  of  pleadings,   written   motions   filed   in   the
30    proceedings,  the  transcript of testimony, and orders of the
31    Department shall be in the record of the proceeding.
                            -22-              LRB90002911DPcc
 1        Section  100.   Subpoenas;   depositions;   oaths.    The
 2    Department  has the power to subpoena and to bring  before it
 3    any  person  and  to  take  testimony  either  orally  or  by
 4    deposition, or both, with the same fees and  mileage  and  in
 5    the same manner as prescribed in civil cases in the courts of
 6    this  State.  The Director or  the designated hearing officer
 7    has the power to administer oaths to witnesses at  a  hearing
 8    that  the  Department is authorized to conduct, and any other
 9    oaths authorized in an Act administered by the Department.
10        Section  105.  Compelling  testimony.   A   court,   upon
11    application of the Department, designated hearing officer, or
12    the  applicant  or  licensee  against  whom proceedings under
13    Section 75 of this  Act  are  pending,  may  enter  an  order
14    requiring the attendance of witnesses and their testimony and
15    the  production  of  documents,  papers,  files,  recordings,
16    books,   and   records   in  connection  with  a  hearing  or
17    investigation.  The court may compel obedience to  its  order
18    by proceedings for contempt.
19        Section   110.  Findings  and  recommendations.   At  the
20    conclusion of the hearing, the designated  hearing    officer
21    shall  present to the Director a written report of his or her
22    findings of fact, conclusions of law, and    recommendations.
23    The  report  shall  contain  a  finding  whether the licensee
24    violated this Act or failed to  comply  with  the  conditions
25    required  in  this  Act. The designated hearing officer shall
26    specify the nature of the violation or failure to comply, and
27    shall make his or her recommendations to the  Director.   The
28    report   of   findings  of  fact,  conclusions  of  law,  and
29    recommendations of the hearing officer shall be the basis for
30    the Department's order for refusal or for the granting of the
31    license to practice hypnotherapy.  If the Director  disagrees
32    with   the   recommendations  of  the  hearing  officer,  the
                            -23-              LRB90002911DPcc
 1    Director  may  issue  an  order  in  contravention   of   the
 2    recommendations  of  the hearing officer.  The Director shall
 3    provide a written report to the designated hearing officer on
 4    any disagreement and shall specify the reasons for the action
 5    in the  final  order.   The  finding  is  not  admissible  in
 6    evidence against the person in a criminal prosecution brought
 7    for  the  violation of this Act, but the hearing and findings
 8    are not a  bar  to  a  criminal  prosecution  brought  for  a
 9    violation of this Act.
10        Section  115.  Rehearings.   At  the  conclusion  of  the
11    hearing,  a  copy  of the designated hearing officer's report
12    shall be  served  upon  the  applicant  or  licensee  by  the
13    Department,  either personally or as provided in this Act for
14    the service of the notice of hearing.  Within 20  days  after
15    the  service,  the  applicant  or person licensed to practice
16    hypnotherapy may  present  to  the  Department  a  motion  in
17    writing  for  a  rehearing  that shall specify the particular
18    grounds for rehearing.  If  no  motion  for  a  rehearing  is
19    filed,  then  upon  the  expiration of the time specified for
20    filing a motion for rehearing, or, if a motion for  rehearing
21    is  denied,  then  upon that denial the Director may enter an
22    order in  accordance  with  recommendations  of  the  hearing
23    officer,  except  as provided in Section 110 of this Act.  If
24    the applicant or person  licensed  to  practice  hypnotherapy
25    requests  and  pays for a transcript of the record within the
26    time for filing a motion for  rehearing,  the  20-day  period
27    within  which  a  motion may be filed shall commence upon the
28    delivery of the transcript to the applicant or licensee.
29        Section 120. Rehearing on order  of  Director.   Whenever
30    the  Director  believes  justice  has  not  been  done in the
31    revocation, suspension,  or  refusal  to  issue  or  renew  a
32    license  to  practice  hypnotherapy  or  the  discipline of a
                            -24-              LRB90002911DPcc
 1    license, he or she may order a rehearing.
 2        Section 125. Order or certified copy; prima facie  proof.
 3    An  order  or  certified  copy  thereof, over the seal of the
 4    Department and purporting to be signed by  the  Director,  is
 5    prima facie proof that the signature is the genuine signature
 6    of  the  Director and that the Director is duly appointed and
 7    qualified.
 8        Section 130. Restoration of suspended or revoked license.
 9    At any time after the suspension or  revocation of a  license
10    to  practice  hypnotherapy,  the  Department  may restore the
11    license to the licensee upon the  written  recommendation  of
12    the  Director,  unless after an investigation and hearing the
13    Director determines that restoration is  not  in  the  public
14    interest.
15        Section  135.  Surrender of license.  Upon the revocation
16    or suspension of a  license  to  practice  hypnotherapy,  the
17    licensee  shall  immediately  surrender his or her license to
18    the Department.  If the person so licensed fails to surrender
19    the license, the  Department  has  the  right  to  seize  the
20    license.
21        Section 140. Summary suspension of license.  The Director
22    may summarily suspend a license issued under this Act without
23    a hearing, simultaneously with the institution of proceedings
24    for a hearing  provided for in Section 85 of this Act, if the
25    Director  finds  that  evidence  in  his  or  her  possession
26    indicates  that  the continuation of practice by the licensed
27    hypnotherapist would constitute an  imminent  danger  to  the
28    public.  If the Director summarily suspends the license of an
29    individual without a hearing, a hearing must be  held  within
30    30 days after the suspension has occurred.
                            -25-              LRB90002911DPcc
 1        Section 145. Administrative review; venue.
 2        (a)  All final administrative decisions of the Department
 3    are subject to judicial review pursuant to the Administrative
 4    Review Law and its rules.  The term "administrative decision"
 5    is  defined  as  in  Section  3-101  of  the  Code  of  Civil
 6    Procedure.
 7        (b) Proceedings for judicial review shall be commenced in
 8    the circuit court of the county in which the  party  applying
 9    for  review  resides,  but  if the party is not a resident of
10    Illinois, the venue shall be in Sangamon County.
11        Section  150.  Certification  of  record;   costs.    The
12    Department  shall  not be required to certify a record to the
13    court, to file an answer in court, or to otherwise appear  in
14    a  court  in  a  judicial  review proceeding, unless there is
15    filed in the court, with the complaint, a  receipt  from  the
16    Department  acknowledging  payment of the costs of furnishing
17    and certifying the record.    Failure  on  the  part  of  the
18    plaintiff  to  file  the  receipt  in  court  is  grounds for
19    dismissal of the action.
20        Section  155.  Criminal   penalties.   Unless   otherwise
21    specified,  a  person  found  to have violated a provision of
22    this Act is guilty of a Class A misdemeanor.
23        Section 160. Illinois Administrative Procedure  Act.  The
24    Illinois  Administrative  Procedure  Act  is hereby expressly
25    adopted and incorporated  in  this  Act  as  if  all  of  the
26    provisions of that Act were included in this Act.
27        Section  165. Exclusive State regulation.  The regulation
28    and licensing of the practice of hypnotherapy  are  exclusive
29    powers  and functions of the State.  A home rule unit may not
30    regulate or  license  hypnotherapists.   This  Section  is  a
                            -26-              LRB90002911DPcc
 1    denial and limitation of home rule powers and functions under
 2    subsection  (h)  of  Section 6 of Article VII of the Illinois
 3    Constitution.
 4        Section 250. The Regulatory Agency Sunset Act is  amended
 5    by adding Section 4.18 as follows:
 6        (5 ILCS 80/4.18 new)
 7        Sec.  4.18.  Act  repealed January 1, 2008. The following
 8    Act is repealed January 1, 2008:
 9        The Hypnotherapist Licensing Act.
10        Section 300. The State Finance Act is amended  by  adding
11    Section 5.449 as follows:
12        (30 ILCS 105/5.449 new)
13        Sec. 5.449. The Licensed Hypnotherapist Dedicated Fund.

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