74R9266 CAG-F
By Wilson H.B. No. 1519
Substitute the following for H.B. No. 1519:
By Goolsby C.S.H.B. No. 1519
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the licensing and regulation of licensed
1-3 hypnotherapists.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 9100, Revised Statutes, is amended by
1-6 adding Section 20 to read as follows:
1-7 Sec. 20. RESTRICTIONS ON CERTAIN COMMISSION, COMMISSIONER,
1-8 AND DEPARTMENT POWERS. Except as provided in Article 9105, Revised
1-9 Statutes, the commission, commissioner, and department may not
1-10 exercise any of the general powers and duties or rulemaking
1-11 authority assigned by this article to the commission,
1-12 commissioner, or department with regard to the hypnotherapy
1-13 advisory council.
1-14 SECTION 2. Title 132A, Revised Statutes, is amended by
1-15 adding Article 9105 to read as follows:
1-16 Art. 9105. LICENSED HYPNOTHERAPISTS
1-17 Sec. 1. DEFINITIONS. In this article:
1-18 (1) "Biofeedback equipment" means monitoring devices
1-19 used by a hypnotherapist to determine biological information and to
1-20 interpret changes that occur in a person's muscles, brain waves,
1-21 heart rate, temperature, and blood pressure.
1-22 (2) "Clinical hypnotherapy" means a professional
1-23 relationship between a licensed hypnotherapist and a person in
1-24 which a licensed hypnotherapist provides assistance to the person
2-1 in a matter related to a mental health condition diagnosed by a
2-2 licensed mental health professional who has specifically referred
2-3 the person to the licensed hypnotherapist by a written referral.
2-4 The term does not apply to a specific mental health diagnosis made
2-5 by a licensed hypnotherapist.
2-6 (3) "Department" means the Texas Department of
2-7 Licensing and Regulation.
2-8 (4) "General hypnotherapy" means a professional
2-9 relationship between a licensed hypnotherapist and a person in
2-10 which the licensed hypnotherapist provides assistance to a person
2-11 in a matter related to the recreational, vocational, stress
2-12 management, or self-improvement goals of the person.
2-13 (5) "Hypnotherapy" means the induction of a hypnotic
2-14 state in a person to increase motivation or alter behavioral
2-15 patterns and includes:
2-16 (A) the instruction of a person in self-hypnosis
2-17 conditioning; and
2-18 (B) the use of hypnotic techniques for the
2-19 recreational, vocational, or self-improvement goals of a person,
2-20 including:
2-21 (i) smoking cessation;
2-22 (ii) weight control;
2-23 (iii) surgery preparation;
2-24 (iv) pregnancy and childbirth;
2-25 (v) memory improvement;
2-26 (vi) self-esteem;
2-27 (vii) control of bed-wetting;
3-1 (viii) control of nail biting;
3-2 (ix) control of stuttering;
3-3 (x) control of fears and phobias;
3-4 (xi) self-confidence;
3-5 (xii) lost items;
3-6 (xiii) sports performance enhancement;
3-7 (xiv) test and study performance; and
3-8 (xv) self-hypnosis.
3-9 (6) "Independent practice" means the provision of a
3-10 service, without supervision, in hypnotherapy by a licensed
3-11 hypnotherapist authorized to practice in that area.
3-12 (7) "Licensed hypnotherapist" means a person licensed
3-13 under this article.
3-14 (8) "Medical hypnotherapy" means a professional
3-15 relationship between a licensed hypnotherapist and a person in
3-16 which a licensed hypnotherapist provides assistance to the person
3-17 in a matter related to a medical condition diagnosed by a doctor,
3-18 dentist, or chiropractor licensed in this state and who has
3-19 specifically referred the person to the licensed hypnotherapist in
3-20 writing or by prescription. The term does not apply to the making
3-21 of a specific diagnosis.
3-22 (9) "National organization" means an association
3-23 recognized by the hypnotherapy advisory council that provides
3-24 training and continuing professional education in an area of
3-25 hypnotherapy.
3-26 (10) "Practice of hypnotherapy" means the provision of
3-27 hypnotherapy to a person or group of persons, including a family or
4-1 an organization, and includes:
4-2 (A) the consultation with a person to determine
4-3 the person's suitability for hypnotherapy;
4-4 (B) an explanation of the nature of
4-5 hypnotherapy;
4-6 (C) preparation of a person for participation in
4-7 hypnotherapy;
4-8 (D) the conduct of a therapy session using
4-9 methods and techniques in accordance with goals determined by the
4-10 person and the licensed hypnotherapist;
4-11 (E) a discussion with a person regarding the
4-12 process and results of hypnotherapy; and
4-13 (F) the use of biofeedback equipment in
4-14 accordance with goals determined by the person and the licensed
4-15 hypnotherapist.
4-16 (11) "Qualified supervisor" means a person who:
4-17 (A) is a licensed hypnotherapist approved by the
4-18 hypnotherapy advisory council;
4-19 (B) has completed the minimum number of hours,
4-20 but not less than 350 hours, of approved hypnotherapy training
4-21 required by the hypnotherapy advisory council;
4-22 (C) has completed an approved 15-hour qualified
4-23 supervisor training course;
4-24 (D) may conduct an independent practice in a
4-25 field of hypnotherapy; and
4-26 (E) may supervise the training of a person in a
4-27 field of hypnotherapy.
5-1 Sec. 2. APPLICATION FOR REGISTRATION. (a) An application
5-2 for a license issued under this article shall contain:
5-3 (1) the name of the applicant; and
5-4 (2) any other information required by the hypnotherapy
5-5 advisory council.
5-6 (b) The application for a license shall contain any fee
5-7 required by the hypnotherapy advisory council.
5-8 Sec. 3. QUALIFICATIONS FOR LICENSE. A person is qualified
5-9 for a license if the person:
5-10 (1) is 18 years of age or older;
5-11 (2) has completed the requirements of the area of
5-12 hypnotherapy in which the person is to be registered; and
5-13 (3) has completed any other requirements established
5-14 by the hypnotherapy advisory council.
5-15 Sec. 4. HYPNOTHERAPY REGISTRATION. A person seeking
5-16 registration to practice in hypnotherapy shall:
5-17 (1) complete the minimum number of hours, but not less
5-18 than 125 hours, of personal instruction required by the
5-19 hypnotherapy advisory council in hypnosis or hypnotherapy from a
5-20 national organization;
5-21 (2) complete a 12-week internship that consists of not
5-22 less than 50 hours and not more than 100 hours, including not less
5-23 than 25 hours of supervised hypnotherapy sessions with a qualified
5-24 supervisor; and
5-25 (3) hold a registration issued by a national
5-26 organization.
5-27 Sec. 5. LICENSE; TERMS; RENEWAL. (a) The department shall
6-1 issue a license to an applicant who satisfies the requirements for
6-2 registration established by the hypnotherapy advisory council in a
6-3 registration area and any other requirements necessary for
6-4 licensing.
6-5 (b) The license shall contain the name of the person and the
6-6 area of practice in which the person is registered.
6-7 (c) A license is valid for one year.
6-8 (d) An application for a renewal of a license shall include
6-9 evidence that the applicant has completed any continuing education
6-10 requirement.
6-11 Sec. 6. REGISTRY. The department shall maintain a registry
6-12 of all persons licensed to practice hypnotherapy. The department
6-13 shall provide a printed copy of the registry on the payment of a
6-14 fee set by the hypnotherapy advisory council in an amount
6-15 sufficient to cover the cost of printing and distribution.
6-16 Sec. 7. HYPNOTHERAPY ADVISORY COUNCIL. (a) The
6-17 hypnotherapy advisory council consists of five members. Four
6-18 members who are hypnotherapists shall be appointed by the Texas
6-19 Commission of Licensing and Regulation and one public member shall
6-20 be appointed by the governor. The hypnotherapist members of the
6-21 hypnotherapy advisory council shall be licensed hypnotherapists in
6-22 one or more areas of practice. The members of the advisory council
6-23 appointed by the commission shall be selected:
6-24 (1) from a list of persons recommended by the
6-25 hypnotherapy community; and
6-26 (2) according to the years of hypnotherapy practice in
6-27 the state and the extent of training of or service to
7-1 hypnotherapists in the state.
7-2 (b) In making appointments, the Texas Commission of
7-3 Licensing and Regulation shall attempt to reflect reasonably the
7-4 different geographic areas of the state in the composition of the
7-5 hypnotherapy advisory council. The commission may not appoint more
7-6 than three members from any one municipality.
7-7 (c) Members of the hypnotherapy advisory council serve
7-8 staggered six-year terms. A member may not serve more than two
7-9 full terms.
7-10 (d) An appointment to fill a vacancy shall be for the
7-11 remainder of the unexpired term. A member appointed to fill a
7-12 vacancy may be reappointed for only one full term.
7-13 (e) A member of the hypnotherapy advisory council is not
7-14 entitled to receive compensation.
7-15 (f) The hypnotherapy advisory council is not subject to
7-16 Article 6252-33, Revised Statutes.
7-17 (g) The members of the hypnotherapy advisory council shall
7-18 elect a presiding officer annually.
7-19 (h) A psychologist, psychologist associate, or licensed
7-20 professional counselor may not be a member of the hypnotherapy
7-21 advisory council.
7-22 Sec. 8. POWERS OF HYPNOTHERAPY ADVISORY COUNCIL. (a) The
7-23 hypnotherapy advisory council shall exercise rulemaking authority
7-24 regarding hypnotherapists in the following areas:
7-25 (1) processing license applications;
7-26 (2) prescribing the form and content of license
7-27 applications and other forms necessary to administer this article;
8-1 (3) prescribing fees necessary to administer this
8-2 article;
8-3 (4) monitoring records as necessary to administer this
8-4 article; and
8-5 (5) adopting rules relating to the practice of
8-6 hypnotherapy, including the:
8-7 (A) approval and registration of qualified
8-8 supervisors and training programs, including the approval of
8-9 instructional videotapes, workbooks, interactive learning programs,
8-10 and computerized review programs;
8-11 (B) manner of renewal of a license;
8-12 (C) approval of national organizations;
8-13 (D) continuing education requirements for
8-14 licensed hypnotherapists;
8-15 (E) use of advertising, including consumer
8-16 brochures; and
8-17 (F) adoption of a code of conduct or ethics.
8-18 (b) The hypnotherapy advisory council shall provide
8-19 consumers with information about licensed hypnotherapists and the
8-20 practice of hypnotherapy.
8-21 (c) The department shall enforce the rules of the
8-22 hypnotherapy advisory council and the cost of enforcement of the
8-23 rules shall be used by the hypnotherapy advisory council in
8-24 determining any fees for a license or renewal of a license issued
8-25 under this article.
8-26 (d) A rule of the hypnotherapy advisory council shall be
8-27 submitted to the license holders affected by the rule if the
9-1 proposed rule:
9-2 (1) increases a fee more than two times the annual
9-3 percentage increase in the cost of living determined by the United
9-4 States Department of Labor since the date of the last fee increase;
9-5 or
9-6 (2) imposes a higher educational or continuing
9-7 education requirement for an applicant or license holder.
9-8 (e) A rule proposed under Subsection (d) of this section may
9-9 become effective if:
9-10 (1) a majority of the votes received favor the
9-11 adoption of the rule; and
9-12 (2) 40 percent or more of the eligible license holders
9-13 voted for the adoption of the rule.
9-14 Sec. 9. FEES. The hypnotherapy advisory council shall set
9-15 fees for licensing and other activities in an amount necessary to
9-16 cover the cost of administering the advisory council's and the
9-17 department's duties under this article. Funds collected under this
9-18 article shall be deposited in the hypnotherapy fund and the
9-19 expenses of the advisory council and the department shall be paid
9-20 from the fund.
9-21 Sec. 10. CONTINUING EDUCATION REQUIREMENTS. A license
9-22 holder in the area of hypnotherapy, as a condition for the renewal
9-23 of the person's license, must complete 15 hours of continuing
9-24 education in hypnosis or hypnotherapy approved by the hypnotherapy
9-25 advisory council.
9-26 Sec. 11. DISCIPLINARY PROCEEDINGS. (a) The hypnotherapy
9-27 advisory council may refuse to issue a license or may suspend or
10-1 revoke a license if, after a hearing before the hypnotherapy
10-2 advisory council, the hypnotherapy advisory council finds that the
10-3 person applying for or holding the license has violated this
10-4 article. A disciplinary proceeding under this section shall be
10-5 conducted under Chapter 2001, Government Code.
10-6 (b) The department may assess an administrative penalty in
10-7 an amount not to exceed $1,000 for each day of a violation.
10-8 Reimbursement of attorney's fees and administrative costs incurred
10-9 in adjudicating an administrative penalty shall be assessed against
10-10 the person required to pay the administrative penalty. The fees
10-11 received under this subsection shall be deposited into the
10-12 hypnotherapy fund.
10-13 Sec. 12. DEPARTMENT AND ADVISORY COUNCIL RELATIONSHIP. (a)
10-14 The hypnotherapy advisory council is administratively attached to
10-15 the department. The department shall supply employees necessary to
10-16 carry out the advisory council's duties.
10-17 (b) The department and the hypnotherapy advisory council
10-18 shall enter into a contract for the provision of administrative
10-19 services by the department to the advisory council.
10-20 Sec. 13. REGISTRATION REQUIRED; EXEMPTIONS. (a) A person
10-21 may not perform hypnotherapy unless the person is licensed under
10-22 this article.
10-23 (b) A person is not required to hold a license under this
10-24 article to perform hypnotherapy if the person is licensed by
10-25 another state agency as a health professional and performs a
10-26 procedure in the course and scope of the profession for which the
10-27 person holds the license.
11-1 (c) A person who is not a resident of this state and who
11-2 does not have qualifications equivalent to or greater than the
11-3 qualifications required for licensing by this article must be
11-4 licensed before conducting an act constituting the practice of
11-5 hypnotherapy.
11-6 (d) A person may not use the term "hypnotherapist" or
11-7 "licensed hypnotherapist" in describing a service offered by the
11-8 person unless the person is licensed under this article.
11-9 (e) The attorney general or a district attorney may, on the
11-10 request of the department, bring an action to enjoin activity
11-11 prohibited under this section.
11-12 (f) This Act does not apply to a recognized religious
11-13 practitioner performing counseling consistent with the law of this
11-14 state, the practitioner's training, and any code of ethics of the
11-15 practitioner's profession, if the practitioner does not represent
11-16 the practitioner by a title or description including the term
11-17 hypnotherapist or licensed hypnotherapist.
11-18 SECTION 3. Section 2(c), Psychologists' Certification and
11-19 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
11-20 amended to read as follows:
11-21 (c) The term "psychological services," means acts or
11-22 behaviors coming within the purview of the practice of psychology.
11-23 The practice of psychology is an offering to the public or
11-24 rendering to individuals or groups any service, including
11-25 computerized procedures, that involves but is not restricted to the
11-26 application of established principles, methods, and procedures of
11-27 describing, explaining, and ameliorating behavior. The practice of
12-1 psychology addresses normal behavior and the evaluation,
12-2 prevention, and remediation of psychological, emotional, mental,
12-3 interpersonal, learning, and behavioral disorders of individuals
12-4 and groups, as well as the psychological concomitants of medical
12-5 problems, organizational structures, stress, and health. The
12-6 practice of psychology includes the use of projective techniques,
12-7 neuropsychological testing, counseling, career counseling, and
12-8 psychotherapy<, hypnosis for health care purposes, hypnotherapy,
12-9 and biofeedback> and the evaluation and treatment by psychological
12-10 techniques and procedures of mental or emotional disorders and
12-11 disabilities. The practice of psychology is based on a systematic
12-12 body of knowledge and principles acquired in an organized program
12-13 of graduate study and on the standards of ethics established by the
12-14 profession.
12-15 SECTION 4. (a) This Act takes effect September 1, 1995.
12-16 (b) The Texas Department of Licensing and Regulation shall
12-17 issue a license to a person who submits an application and
12-18 appropriate fee to the department before September 1, 1996, if:
12-19 (1) the person meets the educational requirements of
12-20 Article 9105, Revised Statutes, as added by this Act;
12-21 (2) the person is a member of a national organization
12-22 that:
12-23 (A) is dedicated to providing training and
12-24 continuing professional education in hypnotherapy; and
12-25 (B) can document affiliated members residing in
12-26 three or more states; and
12-27 (3) the person submits the application fee of $150.
13-1 (c) The Texas Department of Licensing and Regulation shall
13-2 issue a license under Subsection (b) of this section even if an
13-3 applicant has not completed an internship, personal instruction or
13-4 training, or other supervision period.
13-5 (d) The hypnotherapy advisory council shall adopt rules
13-6 under Article 9105, Revised Statutes, as added by this Act, not
13-7 later than December 1, 1995.
13-8 (e) The Texas Commission of Licensing and Regulation shall
13-9 appoint members of the hypnotherapy advisory council not later than
13-10 September 15, 1995. In making initial appointments to the advisory
13-11 council, the Texas Commission of Licensing and Regulation shall
13-12 appoint to the advisory council:
13-13 (1) two members to serve terms expiring September 15,
13-14 1997;
13-15 (2) two members to serve terms expiring September 15,
13-16 1999; and
13-17 (3) one member to serve a term expiring September 15,
13-18 2001.
13-19 (f) The provisions of Section 8(d), Article 9105, Revised
13-20 Statutes, as added by this Act, relating to the approval by license
13-21 holders of certain rules do not apply to the initial rules adopted
13-22 by the hypnotherapy advisory council.
13-23 (g) Section 4(2), Article 9105, Revised Statutes, as added
13-24 by this Act, relating to the 12-week internship requirement, does
13-25 not apply to a hypnotherapist who submits proof to the hypnotherapy
13-26 advisory council that the person was practicing or teaching
13-27 hypnotherapy in this state for not less than one year before the
14-1 effective date of this Act.
14-2 SECTION 5. The importance of this legislation and the
14-3 crowded condition of the calendars in both houses create an
14-4 emergency and an imperative public necessity that the
14-5 constitutional rule requiring bills to be read on three several
14-6 days in each house be suspended, and this rule is hereby suspended.