PRIOR PRINTER'S NOS. 665, 947                 PRINTER'S NO. 1525



No. 638 Session of 1971

           APRIL 26, 1971

           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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