HOUSE AMENDED
PRIOR PRINTER'S NOS. 665, 947 PRINTER'S NO. 1525
No. 638 Session of 1971
INTRODUCED BY MESSINGER, HILL, DUFFIELD, NOSZKA AND MAZZEI,
APRIL 26, 1971
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
FEBRUARY 1, 1972
AN ACT
1 Relating to the practice of hypnotism, providing for licensing
2 of hypnotists, providing regulation and control, in the
3 public interest and welfare, of those practicing hypnotism,
4 and imposing penalties.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Short Title.--This act shall be known and may be
8 cited as the "Hypnotism Act."
9 Section 2. Definitions.--As used in this act, unless the
10 context clearly indicates otherwise, the following words and
11 terms shall be construed as follows:
12 (1) "Hypnosis" means a condition of trance, in which the
13 suggestibility of a person is enhanced to the extent of the
14 alteration of processes by intensification or inhibition through
15 suggestion.
16 (2) "Hypnotism" means, by purpose of intent, the induction
17 of hypnosis, and phenomenal suggestion response while under
18 hypnosis.
1 (3) "Board" means the State Board of Hypnotist Examiners.
2 (4) "Commissioner" means the Commissioner of Professional
3 and Occupational Affairs in the Department of State.
4 (5) "Practice of hypnotism" means holding one's self out to
5 the public by the title "Hypnotist," or "Basic Hypnotist"
6 offering to render or rendering services in "hypnosis" or
7 "hypnotism" for or without remuneration to individuals, groups,
8 organizations, institutions, agencies, or to the public by
9 hypnotic induction and hypnotic suggestion, and through and
10 under hypnosis and hypnotic suggestion, intensifies or inhibits
11 processes or instills patterns of action for purpose of
12 experiment, instruction, teaching, or for purposes of
13 alleviation and general or specific improvements, and for
14 purposes of hypnosis as an aid to therapy. The practice of
15 hypnotism is divided into: (i) basic hypnotism, (ii) hypnotism.
16 (6) "License applicant" means a person applying for a
17 license to practice hypnotism or basic hypnotism.
18 (7) "Basic hypnotist" means a practitioner or trainee,
19 having learned hypnotism through training, and, under the
20 tutelage of a licensed hypnotist, tutor or teacher through
21 private instruction, or through studio, school or training
22 quarters, and having passed the examination given by the State
23 Board of Hypnotist Examiners and having been awarded a license
24 to practice basic hypnotism.
25 (8) "Hypnotist" means a practitioner who has passed the
26 examination given by the State Board of Hypnotist Examiners and
27 has been awarded a license to practice basic hypnotism, hypnosis
28 as an aid to therapy as hereinafter approved under section 3,
29 clause (8), and hypnotism exhibitions in the Commonwealth of
30 Pennsylvania.
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1 Section 3. Authorization to Practice Hypnotism.--It shall be
2 unlawful for any person to engage in the practice of hypnotism
3 unless he shall first have obtained a license pursuant to this
4 act, except as hereinafter provided:
5 (1) Persons licensed as physicians, dentists and
6 optometrists in this Commonwealth shall be exempt.
7 (2) Persons licensed to practice psychology shall be exempt.
8 (3) Ordained ministers and recognized members of the clergy
9 shall be exempt.
10 (4) It shall not be construed that this act applies to the
11 simple acts of persuasion or suggestion by one person to
12 another, or to a group.
13 (5) The influences of salesmen, advertisers, speakers,
14 coaches, and others using verbalisms in simple persuasion
15 techniques are not involved in this act.
16 (6) Suggestions given through printed or written words shall
17 not apply in this act.
18 (7) A basic hypnotist under this act shall be authorized to
19 practice basic hypnotism, which does not include hypnosis as an
20 aid to therapy nor the teaching of hypnotism.
21 (8) No hypnotist shall practice hypnosis as an aid to
22 therapy except under the supervision, and/or prescription of a
23 Pennsylvania licensed physician, dentist and/or optometrist
24 practitioner.
25 (9) No hypnotist, unless licensed in the Commonwealth of
26 Pennsylvania or registered in the American Guild of Variety
27 Artists shall engage in public exhibitions of hypnotism, as
28 specified in section 10.
29 Section 4. Board of Hypnotist Examiners.--The State Board of
30 Hypnotist Examiners shall consist of five members to be
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1 appointed by the Governor within ninety days of the effective
2 date of this act, shall be residents of the Commonwealth of
3 Pennsylvania for a minimum of three years, citizens of the
4 United States, one a duly licensed physician, one a duly
5 licensed dentist, and three hypnotists having five or more years
6 of experience in the practice of hypnotism and shall administer
7 the provisions of this act with the application of the following
8 provisos:
9 (1) Appointments and reappointments to the board shall be
10 made at the discretion of the Governor from persons meeting the
11 requirements of this act and any vacancy occurring on the board
12 shall be filled by the Governor by appointment for the unexpired
13 term.
14 (2) Each board member shall be reimbursed for all proper
15 traveling and other expense in carrying out the provisions of
16 this act.
17 (3) The board shall hold a meeting as soon as possible after
18 the effective date of this act and shall elect a chairman, vice-
19 chairman, and secretary-treasurer, and shall organize and carry
20 out the provisions of this act. Subsequent meetings of the board
21 shall be deemed necessary and advisable by the chairman, or by a
22 majority of its members. A quorum shall consist of a majority of
23 the members of the board.
24 Section 5. Duties and Powers of the Board.--Duties and
25 powers of the board shall be as follows:
26 (1) To hold examinations in Harrisburg, Pittsburgh,
27 Philadelphia, or any place designated by the board, and on such
28 dates as near as possible to the end of a six-month period, with
29 due advance notice given to the applicants who are eligible, and
30 to pass upon the eligibility and registration of candidates
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1 prior to examination.
2 (2) To conduct suitable examinations in written, oral, and
3 demonstration tests, and to adopt and revise rules and
4 requirements when deemed advisable.
5 (3) To make the necessary adoptions and revisions from time
6 to time, to conform to progressions and improvements.
7 (4) To deny or issue: (i) hypnotist licenses, (ii) basic
8 hypnotist licenses.
9 (5) To renew licenses of hypnotists, and to revoke or
10 suspend licenses of hypnotists not conforming to the rules and
11 regulations adopted pursuant to this act.
12 (6) To have a code of ethical standards to apply to the
13 conduct of the board and to the ethical practice of hypnotism.
14 (7) To keep a record of those persons classified as license
15 applicant, basic hypnotist, and hypnotist.
16 (8) To waive examination and grant a license in certain
17 cases deemed exceptional by the board, when the board's ethical
18 standards are met and the necessary qualifications are known,
19 and when the proper fee is paid. The practicing hypnotist who
20 has practiced in the Commonwealth of Pennsylvania for a period
21 of five years or more shall be deemed exceptional.
22 (9) To expend moneys necessary to carry out the duties of
23 the board, and to be responsible to the commissioner for moneys
24 received.
25 (10) To consider complaints and conduct hearings concerning
26 violations of the provisions of this act and the rules and
27 regulations pursuant to this act, and to cause the prosecutions
28 of those persons accused of violation.
29 Section 6. Application for Examinations.--(a) A hypnotist to
30 be eligible for hypnotist or basic hypnotist examination shall,
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1 after procuring the necessary application forms, furnish to the
2 board satisfactory proof that he or she is eighteen years of age
3 or more for basic hypnotist, and twenty-one years of age or more
4 for hypnotist, a citizen of the United States and a resident of
5 the Commonwealth of Pennsylvania for one year or more, and must
6 verify the facts given and listed on the application forms by
7 legal affidavit or notarization. Any applicant who knowingly or
8 wilfully makes a false statement of fact shall be subject to
9 prosecution for perjury.
10 (b) The applicant must be of good moral character, must
11 furnish character references, and must not be addicted to
12 alcohol, narcotics, or other habit-forming drugs, nor a user of
13 hallucinogens.
14 (c) The applicant for basic hypnotist examination must
15 furnish proof satisfactory to the board that he has completed a
16 twenty-five-week course in basic hypnotism, which shall include
17 fifty hours of instruction and supervision in theory, practice,
18 and techniques of hypnotism, and shall have one hundred hours of
19 actual practice of hypnosis and hypnotic suggestion.
20 (d) The applicant for hypnotist examination must furnish
21 proof satisfactory to the board that he has completed a fifty-
22 week course in advanced hypnotism; having the basis of basic
23 hypnotism, hypnosis as an aid to therapy, and hypnotism
24 exhibitions, all of which shall include one hundred hours or
25 more of training and instruction in mental and physiological
26 principles and influences, causes and effects, and all the
27 practices of hypnotism heretofore mentioned in section 2,
28 including one thousand hours of the actual practice of
29 hypnotism.
30 Section 7. Restrictions upon Issuance of Licenses.--A
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1 license may be denied to any person who has been:
2 (1) Convicted of a felony or any crimes involving physical
3 violence.
4 (2) Found lacking in moral character which the board
5 considers detrimental to the welfare of a client, or is found
6 guilty of the unethical practice of hypnotism as detailed by the
7 ethical standards of the board.
8 (3) Who has fraudulently misrepresented credentials in his
9 application for license.
10 Section 8. Qualifications.--An applicant shall be qualified
11 for a license to practice hypnotism or basic hypnotism when he
12 has met the qualification provisions set forth in the following:
13 (1) Submitted a notarized application containing the
14 requirements of sections 6 and 7.
15 (2) Accompanies his application with a fee of fifty dollars
16 ($50) or any amount specified by the board, payable to the
17 commissioner.
18 (3) Has successfully passed the examination given by the
19 examination board.
20 Section 9. Licensure Without Examination.--The hypnotist
21 meeting the provisions of section 8 shall be issued a basic
22 hypnotist license without examination upon submission of proof
23 satisfactory to the board that the applicant has practiced
24 hypnotism in the Commonwealth of Pennsylvania for five years or
25 more.
26 Section 10. Nonresident Hypnotist Performers and Resident of
27 the State Hypnotist Performers.--The resident and nonresident
28 performer or artist licensed by the Commonwealth of Pennsylvania
29 and/or registered by the American Guild of Variety Artists shall
30 be permitted to perform public exhibitions in the State of
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1 Pennsylvania.
2 Section 11. Reexamination.--In case of a failure at any
3 examination, the applicant shall have the privilege of a second
4 examination, after a waiting period for the next examination
5 date. The board shall adopt rules governing the failure to pass
6 two examinations.
7 Section 12. Revocation of Licenses.--The license of any
8 hypnotist shall be revoked for fraudulently misrepresenting any
9 credential in support of his application for a license. The
10 board may revoke the license of any hypnotist who is found
11 guilty of the following:
12 (1) The unethical practice of hypnotism as set forth by the
13 code of ethical standards adopted by the board.
14 (2) Convicted on a charge of felony or any crimes involving
15 physical violence, or on any charge the board may consider as
16 detrimental to the practice of hypnotism.
17 Section 13. Suspension of Licenses.--The license of any
18 person committed to an institution because of mental
19 incompetency shall automatically be suspended. The board shall
20 suspend or revoke the license of any person whose intellect and
21 judgment has been impaired, or who becomes guilty of grossly
22 unethical practice, or violations of the rules and regulations
23 of the board when satisfactory proof of such conditions has been
24 shown.
25 Section 14. Hearings.--An applicant who has been refused
26 examination by the board or a person whose license has been
27 suspended or revoked by the board because of complaints or
28 charges preferred by the board, shall, upon request, have a
29 hearing before the board and shall have the right to appear
30 personally and by counsel, and may produce witnesses and
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1 evidence in his own defense, and cross-examine witnesses against
2 him.
3 The board may administer oaths, subpoena and examine
4 witnesses, and present evidence in support of any charge or
5 complaint made against any licensee.
6 Section 15. Penalties.--After eighteen months from the
7 effective date of this act, it shall be unlawful to practice
8 hypnotism or conduct hypnotism performances in the Commonwealth
9 of Pennsylvania without registration, or license, as defined in
10 this act.
11 The unlawful practice of hypnotism as defined in this act may
12 be enjoined by the courts on petition of the board or by the
13 commissioners. Violation of any of the provisions of this act
14 shall be deemed a misdemeanor punishable by a fine of five
15 hundred dollars ($500), or imprisonment for a period of six
16 months, or both.
17 Section 16. Renewal of Licenses.--Renewal of license shall
18 be biennially for a fee established by the board of not less
19 than ten dollars ($10). FORTY DOLLARS ($40). <--
20 Section 17. Display of License or Permit and Copy Kept on
21 Person.--The hypnotist's license or permit shall be displayed in
22 a conspicuous location in his place of business and a duplicate
23 thereof shall be kept on his person.
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