71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 262
House Bill 2625
Sponsored by Representatives KRUSE, WINTERS (at the request of
Dr. Laurence L. Skolnik, Administrator, Oregon Hypnotherapy
Association)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Establishes licensing program for hypnotherapists. Creates
Hypnotherapy Licensing Board in Health Licensing Office.
Establishes procedures for board. Establishes confidentiality
requirements for communications between hypnotherapist and
client.
Imposes civil penalties of up to $1,000 for violations of Act.
Punishes violations of Act by maximum 30 days' imprisonment,
$1,000 fine, or both.
A BILL FOR AN ACT
Relating to hypnotherapists; and appropriating money.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 1 to 13 of this 2001 Act:
(1) 'Hypnotherapy' means the induction of a hypnotic state in a
client to increase motivation or alter behavioral patterns.
Hypnotherapy includes:
(a) Consultation with a client to determine the nature of the
client's problem;
(b) Assessment of a client to determine the client's
suitability for hypnotherapy;
(c) Preparation of a client to enter a hypnotic state;
(d) Explanation to a client of the nature of the hypnotic
state;
(e) Instruction of a client in self-hypnosis conditioning;
(f) Testing a client to determine the degree of physical and
emotional suggestibility of the client;
(g) Induction of the hypnotic state in a client using
individualized methods and techniques based on interpretation of
test results and analysis of problems; and
(h) Discussion with a client regarding the results of hypnosis
of the client.
(2) 'Licensed hypnotherapist' means a hypnotherapist licensed
under section 7 of this 2001 Act. + }
SECTION 2. { + (1) The Hypnotherapy Licensing Board is created
in the Health Licensing Office and shall consist of five members.
(2) The composition of the board shall be as follows:
(a) Four members shall be hypnotherapists who are licensed in
accordance with sections 1 to 13 of this 2001 Act. Of these four
members, none shall be a psychologist, psychologist associate or
licensed professional counselor. The four members shall be
appointed by the Director of the Health Licensing Office after
considering a list of persons recommended by the Oregon
Hypnotherapy Association. In making appointments, the director
shall attempt to represent all geographic areas of the state. No
more than one member may be appointed from any one municipality.
(b) One member shall be a public citizen who has demonstrated
an interest in hypnotherapy. The public member shall be appointed
by the Governor, subject to confirmation by the Senate in the
manner prescribed in ORS 171.562 and 171.565.
(3) The term of office for each member of the board is four
years. A member is eligible for reappointment. If there is a
vacancy for any cause, the director shall make an appointment to
become immediately effective for the unexpired term.
(4) A member of the board is not entitled to compensation and
expenses as provided in ORS 292.495. + }
SECTION 3. { + (1) The Hypnotherapy Licensing Board shall
elect one of its members as chairperson and another as vice
chairperson. The board shall adopt rules to govern the terms,
duties and powers of the chairperson and vice chairperson.
(2) A majority of the members of the board constitutes a quorum
for the transaction of business.
(3) The board shall meet at times and places specified by the
chairperson or by a majority of the members of the board. + }
SECTION 4. { + The Hypnotherapy Licensing Board shall:
(1) Adopt rules necessary for the administration of sections 1
to 13 of this 2001 Act;
(2) Establish training, education and fitness standards for
issuance, renewal or revival of licenses, and for reciprocal
licenses;
(3) Prescribe those actions or circumstances that constitute
failure to achieve or maintain licensing competency or that
otherwise constitute a danger to the public and for which the
Health Licensing Office may refuse to issue, renew or revive a
license or may suspend or revoke a license;
(4) Establish standards of professional responsibility and
ethics for persons licensed by the board;
(5) Establish standards for approval and registration of
qualified supervisors and training programs; and
(6) Propose fees to cover the administrative costs of the
licensing program under sections 1 to 13 of this 2001 Act. The
fees established under this subsection are subject to the prior
approval of the Oregon Department of Administrative Services and,
if their adoption occurs between regular sessions of the
Legislative Assembly, a report to the Emergency Board. The fees
shall not exceed the cost of administering the licensing program
of the Hypnotherapy Licensing Board pertaining to the purpose for
which the fee is established, as authorized by the Legislative
Assembly within the Hypnotherapy Licensing Board's budget, as
that budget may be modified by the Emergency Board. + }
SECTION 5. { + The Health Licensing Office shall:
(1) Review rules of the Hypnotherapy Licensing Board
establishing professional standards, continuing education
requirements and discipline;
(2) Issue, renew, revive, revoke or suspend licenses to
practice hypnotherapy as recommended by the board;
(3) Approve and collect licensing fees and charges established
by the board; and
(4) Provide the board with such administrative services and
employees as the board requires to carry out its duties. + }
SECTION 6. { + Upon its own motion or upon any complaint, the
Health Licensing Office may initiate and conduct investigations
of alleged violations of sections 1 to 13 of this 2001 Act. In
the conduct of investigations, the office may:
(1) Take evidence;
(2) Take the depositions of witnesses, including the person
charged, in the manner provided by law in civil cases;
(3) Compel the appearance of witnesses, including the person
charged, in person in the manner provided by law in civil cases;
(4) Require answers to interrogatories; and
(5) Compel the production of books, papers, accounts, documents
and testimony pertaining to the matter under investigation. + }
SECTION 7. { + An applicant for a license to practice
hypnotherapy under sections 1 to 13 of this 2001 Act shall be
issued a license if the applicant has:
(1) Submitted a written application, in the form and manner
prescribed by the Health Licensing Office, evidencing that the
applicant has completed the requirements for licensing as
established by rule by the Hypnotherapy Licensing Board; and
(2) Paid all fees required for licensing. + }
SECTION 8. { + (1) If the licensee or applicant violates any
provision of sections 1 to 13 of this 2001 Act or any rule
adopted by the Health Licensing Office, the office may:
(a) Refuse to issue, renew or revive a license, or suspend or
revoke a license; or
(b) Impose probationary conditions.
(2) If the office refuses to issue, renew or revive a license,
or revokes or suspends a license, opportunity for a hearing shall
be accorded as provided in ORS 183.310 to 183.550. + }
SECTION 9. { + (1) Except as otherwise provided in subsection
(2) of this section, no person may practice hypnotherapy or claim
to be a licensed hypnotherapist unless the person is licensed
under sections 1 to 13 of this 2001 Act.
(2) As long as the person does not purport to be a licensed
hypnotherapist, nothing in sections 1 to 13 of this 2001 Act is
intended to:
(a) Limit, preclude or otherwise interfere with the practices
of health care providers or other persons licensed or registered
in this state under any other statutes, or prevent health care
providers or other persons from engaging in the profession or
occupation for which the health care provider or person is
licensed or registered;
(b) Prevent any person from practicing hypnotherapy if the
person is employed as a hypnotherapist by the federal government
or any of its agencies;
(c) Preclude any person from pursuing a supervised course of
study leading to licensure as a hypnotherapist in an educational
program approved by the Hypnotherapy Licensing Board if the
person is identified by a title that clearly indicates student or
trainee status;
(d) Prevent any person from completing any supervised practical
experience requirements established by the board;
(e) Prohibit any person from performing hypnotherapist training
services in this state for purposes of continuing education,
consulting or training if the services are performed for no more
than 60 days in any calendar year and are performed in
association with a licensed hypnotherapist;
(f) Limit, preclude or otherwise interfere with the practices
of a recognized member of the clergy, provided that the person is
acting in the person's ministerial capacity when providing the
services; or
(g) Prohibit any person from providing hypnotherapy services
for a group or organization dedicated to self-help or
self-fulfillment. + }
SECTION 10. { + A licensed hypnotherapist or any employee of
the licensed hypnotherapist shall not disclose any communication
given the licensed hypnotherapist by a client in the course of
professional activity when such communication was given to enable
the licensed hypnotherapist to aid the client, except:
(1) In the course of formally reporting, conferring or
consulting with administrative superiors, colleagues or
consultants who share professional responsibilities. When
information is so disclosed, the recipients of the information
may not disclose the information further;
(2) When the client or those persons legally responsible for
the affairs of the client give written consent to the disclosure;
(3) When a communication reveals the intent to commit a crime
or harmful act and disclosure is judged necessary by the licensed
hypnotherapist to protect any person from clear, imminent risk of
serious mental or physical harm or injury, or to prevent a
serious threat to public safety;
(4) When the client initiates legal action or makes a complaint
against the licensed hypnotherapist to the Health Licensing
Office; or
(5) When the communication reveals that a minor is or is
suspected to be the victim of a crime, abuse or neglect. + }
SECTION 11. { + All moneys and civil penalties received by the
Health Licensing Office under sections 1 to 13 of this 2001 Act
shall be deposited in the General Fund of the State Treasury and
credited to the Health Licensing Office Account, and such moneys
are appropriated continuously for the administration and
enforcement of sections 1 to 13 of this 2001 Act. + }
SECTION 12. { + (1) In addition to any other liability or
penalty provided by law, the Health Licensing Office may impose a
civil penalty in the amount of up to $1,000 for each violation on
a person who violates sections 1 to 13 of this 2001 Act or the
rules adopted pursuant thereto.
(2) Civil penalties under this section shall be imposed in the
manner provided by ORS 183.090. + }
SECTION 13. { + Violation of any provision of sections 1 to 13
of this 2001 Act is a Class C misdemeanor. + }
SECTION 14. { + (1) Notwithstanding the term of office
specified by section 2 of this 2001 Act, of the members first
appointed to the Hypnotherapy Licensing Board:
(a) Two shall serve for terms ending March 1, 2003.
(b) Two shall serve for terms ending March 1, 2004.
(c) One shall serve for a term ending March 1, 2005.
(2) All members initially appointed to the board are eligible
for reappointment. + }
SECTION 15. { + Notwithstanding section 2 of this 2001 Act,
for the initial term on the Hypnotherapy Licensing Board pursuant
to section 14 of this 2001 Act, no member is required to be
licensed under sections 1 to 13 of this 2001 Act. + }
SECTION 16. { + Section 9 of this 2001 Act becomes operative
March 1, 2002. + }
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