BILL ANALYSIS
C.S.H.B. 1519
By: Wilson
4-4-95
Committee Report (Substituted)
BACKGROUND
The 73rd Legislature passed sunset legislation relating to the
regulation of psychologists and to the continuation of the Texas
State Board of Examiners of Psychologists (the Board). The authors
of those sunset bills, SB 1424/HB 2741, Senator Carl Parker and
Representative Ciro Rodriguez, have cited on numerous occasions
that it was not the intent of the Legislature to restrict in any
way the practice of hypnotherapy, hypnosis or biofeedback in the
practice or rules of the Licensed Professional Counselor Act.
According to the rules set by the Board, presently, an individual
cannot practice "Art therapy", "Dance therapy", "Drama therapy", or
"Music therapy" unless that individual is a Licensed Professional
Counselor. This legislation provides a vehicle to license these
professions by providing a standards and continuing education
requirements along with ethical standards.
PURPOSE
C.S.H.B. 1519 establishes state licensing and regulation of
hypnotherapists.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill grants broad
rulemaking authority in SECTION 2 of the bill to the Hypnotherapy
Advisory Council. SECTION 4 also provides rulemaking authority to
the hypnotherapy advisory council.
SECTION BY SECTION ANALYSIS
SECTION 1: Article 9100, Revised Statues, is amended by adding
Section 20 which limits the general powers and duties or rulemaking
authority except as provided in Article 9105.
SECTION 2: Title 132A, Revised Statues, is amended by adding
Article 9105.
Sec.1. Provides definitions of: "Biofeedback therapy",
"Clinical hypnotherapist", "Department", "General
hypnotherapy", "Hypnotherapy", "Independent practice",
"Licensed hypnotherapist", "Medical hypnotherapist",
"National organization","Practice of Hypnotherapy",
"Qualified supervisor".
Sec. 2. Establishes content requirements of an application.
Sec. 3. Establishes requirements for qualification as a
hypnotherapist.
Sec. 4. Requires a minimum 125 hours of instruction, 12-week internship and a registration issued by a national
organization for registration in hypnotherapy.
Sec. 5. Establishes license, term and renewal.
Sec. 6. Requires the Texas Commission of Licensing and
Regulation to maintain a registry of licensed
individuals.
Sec. 7. Establishes the Hypnotherapist Advisory Council and
sets the membership of the Council at five members. Requires the
Texas Commission of Licensing and Regulation to make appointments
to the Council and one public member appointed by the governor.
Board should reflect the different geographic areas of the state
with a limit of up to three members from any one municipality of
the state. Board membership terms limited to six-year terms and
limits membership to two full terms. Provides for filling a vacancy
to fill an unexpired term. Members of the Council not entitled to
receive compensation. Exempts the Council from Article 6252-33,
Revised Statues. Requires the Council to annually elect a
presiding officer. Prevents appointment of a psychologist,
psychologist associate, or licensed professional counselor to the
Council.
Sec. 8. Establishes the powers of the Council. Provides
rulemaking authority to the Council to provide for
regulation of hypnotherapy. Texas Commission of
Licensing and Regulation shall enforce the rules and the
cost of enforcement shall be used by the Council in
determining fees for a license or renewal of a license.
Requires the Council to submit to the license holders
for a vote, any rule that increases the fee more than two
times the annual percentage increase in the cost of
living or if any rule imposes higher educational or
continuing education requirement. Requires that a rule
proposed may become effective if a majority of the votes
favor adoption of the rule and 40 percent of the eligible
license holders voted.
Sec. 9. Provides the Council authority to set fees that
are deposited into the hypnotherapy fund for expenses of
the Council and the Texas Commission of Licensing and
Regulation.
Sec. 10. Subsection (a) requires 15 hours of continuing
education in hypnosis or hypnotherapy approved by the
council.
Sec. 11. Provides the Council authority to refuse to
issue a license to an individual and suspend or revoke an
individual's license if that individual has violated this
article. gives the Texas Commission of Licensing and
Regulation authority to assess an administrative penalty
not to exceed $1000 per day violation. These fees shall
be deposited into the hypnotherapy fund.
Sec. 12. Council administratively attached to the Texas
Commission of Licensing and Regulation. assistance to be
in contractual form.
Sec. 13. Requires an individual to be licensed to
perform hypnotherapy. Exempts individuals licensed by
another state agency as a health professional. Non-qualified individuals who do not reside in the State of
Texas but who do conduct hypnotherapy sessions in the
state are required to register under this act. Prohibits
use of term hypnotherapist unless licensed. At request
of department, attorney general or district attorney may
bring action to enjoin activity. Exempts religious
practitioner's.
SECTION 3. Amends Section 2(c), Psychologist's Certification and
Licensing Act (Art. 4512c, V.T.C.S.). Deletes the words "hypnosis
for health care purposes, hypnotherapy, and biofeedback".
SECTION 4. Effective date: September 1, 1995. Sets the license
requirements for individuals who submit an application and fee
before September 1, 1996. Allows for the issuance of a license
upon payment of a $150 fee. Requires the Council to adopt rules by
December 1, 1995. Requires the Texas Commission of Licensing and
Regulation to appoint members to the Council by September 15, 1995.
Allows the Council to adopt initial rules.
SECTION 5. Emergency Clause.
COMPARISON OF ORIGINAL TO SUBSTITUTE
The original bill provided for the licensing of adjunctive
therapists, and included many forms of therapy including art and
drama, music and hypnotherapy. The substitute applies only to the
registration of hypnotherapists. The original provided for
creation of a licensed adjunctive therapist advisory council as
well as the hypnotherapist advisory council and granted powers and
rulemaking authority to both council's. The substitute simply
removes the regulation of other recognized therapists and limits
itself to regulation of hypnotherapists.
SUMMARY OF COMMITTEE ACTION
HB 1519 was heard in a Public Hearing on March 29, 1995. Rep.
Goolsby offered a complete committee substitute and moved that the
committee adopt C.S.H.B. 1519. There was no objection. The Chair
recognized the following persons to testify in favor of the bill:
Mr. Richard T. Taylor, Fed. of Prof. Hypnotherapists Int'l.;
Mr. Otis Henisey, Fed. of Prof. Hypnotherapists Int'l.;
Mr. Marx Howell, Tx. Dept. of Public Safety, Retired, Retired
Law Enforcement;
Mr. Gerald Schoonover, Fed. of Prof. Hypnotherapists Int'l.;
The Chair recognized the following persons to testify against the
bill:
Mr. Reginald B. Humphreys, Ph.D., Tx. Psychological Assn.;
Mr. David Wiegle, Tx. Counseling Assn.;
Mr. Melvin C. Peeples, Tx. Dept. of Public Safety, Retired;
Mr. Jerry R. Grammer, Ph.D.;
Mr. Gary Elkins, Ph.D.;
HB 1519 was left pending in committee. HB 1519 was heard in a
Formal Meeting on April 4, 1995. Rep. Jones moved that the
committee adopt HB 1519 as substituted, and that it be reported
favorably to the full House with the recommendation that it do pass
and be printed. The motion prevailed by the following vote: AYES:
8, NAYS: 1, ABSENT: 0