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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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