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Senate File 35

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  147.161  HYPNOTHERAPY.
  1  2    1.  As used in this section, unless the context otherwise
  1  3 requires, "hypnotherapy" means the induction of a hypnotic
  1  4 state in a client to alter behavioral patterns.  Hypnotherapy
  1  5 includes all of the following:
  1  6    a.  Assessment of hypnotic suggestibility.
  1  7    b.  Assessment to determine the suitability of
  1  8 hypnotherapy.
  1  9    c.  Explanation of the nature of the hypnotic state.
  1 10    d.  Induction of the hypnotic state.
  1 11    e.  Use of posthypnotic suggestions.
  1 12    f.  Instruction in self-hypnosis.
  1 13    2.  a.  A person shall not engage in the practice of
  1 14 hypnotherapy unless the person is licensed as a health care or
  1 15 mental health care professional by the state pursuant to this
  1 16 chapter.  For purposes of this section, "health care or mental
  1 17 health care professional" means a physician, osteopathic
  1 18 physician, podiatrist, physician assistant, psychologist,
  1 19 chiropractor, registered nurse, dentist, optometrist, marital
  1 20 and family therapist, mental health counselor, or social
  1 21 worker who performs hypnotherapy within the scope of
  1 22 professional practice as permitted by the professional's
  1 23 respective examining board.
  1 24    b.  Notwithstanding paragraph "a", a person may engage in
  1 25 the practice of hypnotherapy without being licensed as a
  1 26 health care or mental health care professional if all of the
  1 27 following apply:
  1 28    (1)  The individual does not represent to the public that
  1 29 the individual is licensed as a health care or mental health
  1 30 care professional by the state.
  1 31    (2)  The individual has completed, by July 1, 2001, a
  1 32 minimum of one hundred hours of classroom training in
  1 33 hypnotherapy from a program or course of instruction
  1 34 recognized by the national guild of hypnotists which advocates
  1 35 a code of ethics and standards of practice, or similar code,
  2  1 for its students.  Individuals receiving classroom training in
  2  2 satisfaction of this requirement between the effective date of
  2  3 this Act and July 1, 2001, may maintain an existing
  2  4 hypnotherapy practice, provided the provisions of
  2  5 subparagraphs (1) and (3) are met.
  2  6    (3)  The scope of the individual's hypnotherapy practice is
  2  7 confined to issues of vocational functioning or general self-
  2  8 improvement, or the alteration of minor matters of habit or
  2  9 behavior that are germane to those endeavors.
  2 10    c.  An individual administering hypnotherapy, or
  2 11 representing to the public that the individual administers
  2 12 hypnotherapy, other than an individual listed in paragraphs
  2 13 "a" and "b", shall be subject to the penalty as prescribed in
  2 14 section 147.86.
  2 15    3.  This section shall not apply to the administration of
  2 16 hypnosis for purposes of recreation, entertainment, or
  2 17 demonstration.  Upon complaint, the department shall determine
  2 18 whether the administration of hypnosis shall be characterized
  2 19 as hypnotherapy and subject to the provisions of this section,
  2 20 or whether the administration of hypnosis shall be
  2 21 characterized as recreational in nature.  
  2 22                           EXPLANATION
  2 23    This bill establishes a definition of the term
  2 24 "hypnotherapy" to refer to the induction of a hypnotic state
  2 25 in a client to alter behavioral patterns.  Hypnotherapy
  2 26 includes an assessment of hypnotic suggestibility and
  2 27 suitability, an explanation of the nature of the hypnotic
  2 28 state, induction of the hypnotic state, use of posthypnotic
  2 29 suggestions, and instruction in self-hypnosis.  The bill
  2 30 provides that individuals shall not engage in the practice of
  2 31 hypnotherapy unless they are licensed as a health care or
  2 32 mental health care professional pursuant to Code chapter 147.
  2 33 The bill defines a health care or mental health care
  2 34 professional to include a physician, osteopathic physician,
  2 35 podiatrist, physician assistant, psychologist, chiropractor,
  3  1 registered nurse, dentist, optometrist, marital and family
  3  2 therapist, mental health counselor, or social worker
  3  3 performing hypnotherapy within the scope of professional
  3  4 practice as permitted by their respective examining boards.
  3  5 Individuals not so licensed shall be subject to the serious
  3  6 misdemeanor penalty provisions of Code section 147.86.
  3  7    The bill exempts individuals who administer hypnosis for
  3  8 recreational purposes from its provisions.  Additionally, the
  3  9 bill provides that an individual may engage in the practice of
  3 10 hypnotherapy without being licensed as a health care or mental
  3 11 health care professional if the individual does not represent
  3 12 to the public that the individual is so licensed, the
  3 13 individual has completed a minimum of 100 hours of classroom
  3 14 training by July 1, 2001, and the scope of the individual's
  3 15 hypnotherapy practice is confined to issues of vocational
  3 16 functioning or general self-improvement.  
  3 17 LSB 1601XS 78
  3 18 rn/jw/5
     

Text: SF00034                           Text: SF00036
Text: SF00000 - SF00099                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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