Creates new chapter establishing hypnotherapy as a qualified, licensed practice in the State.
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII
A BILL FOR AN ACT
relating to hypnotherapy.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the dictionary of occupational titles, of the United States Department of Labor, properly lists hypnotherapy as a profession separate and independent of psychiatry or psychology. The legislature further finds that the national center of educational statistics, of the United States Department of Education assigned a classification of instructional programs number to hypnotherapy under the human services classification in the health sciences and human services division.
The purpose of this Act is to recognize hypnotherapy as a legal profession and a provider of human services separate and independent of psychiatry and/or psychology.
SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
§ -1 Declaration of necessity for regulation and control. The legislature finds that the practice of hypnotherapy is a theory and method for treatment of illness and disability and for strengthening and invigorating the body and as such affects the public health, safety, and welfare, therefore there is a necessity that individuals practicing hypnotherapy be subject to regulation and control.
§ -2 Definitions. As used in this chapter:
"Board" means the board of hypnotherapy.
"Department" means the department of commerce and consumer affairs.
"Director" means the director of commerce and consumer affairs.
"Earned degree" means an academically or a clinically obtained certificate (not honorary).
"Hypnotherapist" means a person engaged in the practice of hypnotherapy.
"Practice of hypnotherapy" means the practice of employing the controlled inducement of altered states of consciousness, or trance, to reduce pain, resolve emotional conflicts, and enhance communications as part of diagnostic and treatment programs, which includes instruction in the principles of hypnosis and suggestion, induction and deepening, post-hypnotic suggestion, awakening techniques, regression, pacing, and leading, resistance transformation, and client testing.
§ -3 License required. Except as otherwise provided by law, no person shall practice hypnotherapy in this State either gratuitously or for pay, or shall offer to so practice, or shall announce themselves either publicly or privately as prepared or qualified to so practice any method of hypnotherapy without having a valid unrevoked license.
§ -4 Physicians, chiropractors, and osteopaths not exempt. Persons licensed under chapters 442, 453, and 460 who desire to practice hypnotherapy shall be subject to licensing under this chapter.
§ -5 Exemptions. A licensed hypnotherapist of another state or country for demonstrations or lectures to be given at hypnotherapy or medical society meetings or at hypnotherapy schools shall be exempt from licensing procedures set forth in this chapter.
§ -6 Qualifications for examination. (a) No person shall be licensed to practice hypnotherapy unless the person has passed an examination and has been found to have the necessary qualifications as prescribed in the rules adopted by the board pursuant to chapter 91.
(b) Prior to September 1, 2007, and except as provided in subsection (c), before any applicant shall be eligible for the examination, the applicant shall furnish satisfactory proof to the board that the applicant has received a total of not less than one thousand five hundred hours of education and training consisting of:
(1) A formal program in the science of hypnotherapy at an institute or school approved by the board that:
(A) Shall be for a period of not less than six months (not less than three hundred hours); and
(B) Shall result in the award of a certificate or diploma; and
(2) Six months clinical internship program (not less than six months; and not less than three hundred hours) supervised by a licensed hypnotherapist; provided that the three hundred hours of the clinical internship program may be obtained from the institute or school awarding the certificate or diploma or may be obtained under the supervision of a licensed hypnotherapist not affiliated with an institute or school.
(c) Students who started training prior to September 1, 1995, and who have been certified for five of ten years in a school approved by the board, for the purposes of this chapter shall:
(1) Not lose their rights of continued education, earned or accumulated credits; and
(2) Meet requirements for examination and licensure as provided by law and rules adopted by the board; provided that the school has not altered its program so as to lower the standards for completion of the program.
(d) Students who file an application with the board before September 1, 2007 shall:
(1) Not lose their rights of continued education, and earned or accumulated credits; and
(d) Notwithstanding subsections (b) and (c), effective September 1, 2007, before any applicant shall be eligible for the examination, the applicant shall furnish satisfactory proof to the board that the applicant has completed a formal hypnotherapist program and has received a total of not less than three hundred hours of academic and clinical training consisting of an academic program of not less than three hundred hours in hypnotherapy and a clinical training program of not less than three hundred hours under the supervision of a licensed hypnotherapist, which shall result in the award of a certificate or diploma at an institute, school, or college, accredited or recognized as a candidate for accreditation by any hypnotherapy accrediting body recognized by the United States Department of Education or at a foreign institute, school, or college with a formal program in the science of hypnotherapy licensed, approved, or accredited by the appropriate governmental authority or an agency recognized by a governmental authority in that jurisdiction and whose curriculum is approved by the board.
§ -7 Board of hypnotherapy. There shall be a board of hypnotherapy, the members of which shall be appointed by the governor.
The board shall consist of five persons, two of whom shall be private citizens and three shall be hypnotherapists licensed in accordance with this chapter.
§ -8 Powers and duties of the board. In addition to any other powers and duties authorized by law, the board shall:
(1) Adopt rules in accordance with chapter 91 to carry out the purposes of this chapter, with special emphasis on the health and safety of the public;
(2) Develop standards for licensure;
(3) Prepare, administer, and grade examinations, provided that the board may contract with a testing agency to provide those services;
(4) Issue, renew, suspend, and revoke licenses;
(5) Register applicants or holders of a license;
(6) Investigate and conduct hearings regarding any violation of this chapter and any rules of the board;
(7) Maintain a record of its proceedings; and
(8) Do all things necessary to carry out the functions, powers, and duties set forth in the chapter.
§ -9 Biennial renewal. Every person holding a license under this chapter shall register with the board and pay a biennial fee on or before June 30 of each odd-numbered year. Failure to pay the biennial fee shall constitute a forfeiture of the license as of the date of expiration. Any license so forfeited may be restored within one year after the expiration upon filing of an application and payment of a restoration fee.
§ -10 Revocation or suspension of licenses. In addition to any other actions authorized by law, any license to practice hypnotherapy under this chapter may be revoked or suspended by the board of hypnotherapy at any time in a proceeding before the board for any cause authorized by law, including but not limited to the following:
(1) Obtaining a fee on the assurance that a manifestly incurable ailment can be permanently cured;
(2) The use of false, fraudulent, or deceptive advertising and making untruthful and improbable statements;
(3) Habitually using any habit forming controlled substance, such as opium or any of its derivatives, morphine, heroin, or cocaine;
(4) Procuring a license through fraud, misrepresentation, or deceit;
(5) Professional misconduct or gross carelessness or manifest incapacity in the practice of hypnotherapy; or
(6) Violating any rules adopted under this chapter.
§ -11 Penalty. (a) Any person except a person licensed under this chapter who practices, treats, or instructs in any phase of hypnotherapy without a license or permit issued by the board, or uses any word or title to induce the belief that they are engaged in the practice of any type of hypnotherapy, shall be guilty of a misdemeanor and subject to a fine of not less than $50 nor more than $1,000 for each violation.
(b) Any person, except a licensed hypnotherapist, who:
(1) Practices or attempts to practice hypnotherapist;
(2) Buys, sells, or fraudulently obtains any diploma or license to practice hypnotherapy whether recorded or not;
(3) Uses the title "hypnotherapist", or any word or title to induce the belief that the person is engaged in the practice of hypnotherapy without complying with this chapter; or
(4) Violates this chapter;
shall be penalized as provided in subsection (a). The department may also seek all legal and equitable remedies available to it for the enforcement of this chapter, including seeking injunctive relief.
§ -12 Foreign school curricula and standards. The board of hypnotherapy shall not recognize and approve an earned doctoral degree from a foreign university or college whose curricula and standards are not equivalent to or higher than institutions in the United States which have been recognized and approved by the board in the study or practice of hypnotherapy."
SECTION 3. This Act shall take effect upon its approval.