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. 19710S0638B1525 - 2 -
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 19710S0638B1525 - 3 -
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 19710S0638B1525 - 4 -
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, 19710S0638B1525 - 5 -
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 19710S0638B1525 - 6 -
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 19710S0638B1525 - 7 -
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 19710S0638B1525 - 8 -
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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