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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
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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
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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
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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
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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
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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
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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.
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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.
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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
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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.
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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
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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.
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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
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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
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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
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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
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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.
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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
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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
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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
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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.
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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
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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
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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.
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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
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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.