REGULATION OF HYPNOTISTS BY THE MEDICAL LICENSING BOARD (Indiana)

There is created a six (6) member Indiana hypnotist committee to assist the board in carrying out this chapter regarding the qualifications and examinations of hypnotists. The committee is comprised of:
(1) three (3) hypnotists;
(2) one (1) physician licensed under IC 25-22.5;
(3) one (1) licensed psychologist who has received a health service provider endorsement under IC 25-33-1-5.1; and
(4) one (1) individual who is a resident of Indiana and who is not associated with hypnotism in any way, other than as a consumer.
    (b) The governor shall make each appointment for a term of three (3) years. Each hypnotist appointed must:
(1) be a certified hypnotist for at least three (3) years under this chapter;
(2) have at least three (3) years experience in the actual practice of hypnotism immediately preceding appointment; and
(3) be a resident of Indiana and actively engaged in the practice of hypnotism while a member of the committee.
    (c) Not more than three (3) members of the committee may be from the same political party. A member of the board is not required to be a member of a professional hypnosis association.
    (d) A member of the committee may be removed for cause by the governor.
    (e) The board shall appoint a chairman from among the members of the committee. "(c) Notwithstanding IC 25-20.5-1-7, as added by this act, an individual appointed to the Indiana hypnotist committee as a member under this section does not need to be certified as a hypnotist. However, a hypnotist member must have completed at least three hundred (300) supervised classroom hours of hypnotism education from a school that is approved by the Indiana commission on proprietary education under IC 20-1-19 or by any other state that has requirements as stringent as required in Indiana. No two (2) hypnotist members appointed to the Indiana hypnotist committee may belong to the same professional hypnosis association (as defined by IC 25-20.5-1-6).
    (d) Notwithstanding IC 25-20.5-1-15, as added by this act, an individual who applies for certification to the Indiana hypnotist committee before January 1, 1998, may:
        (1) be certified as a hypnotist without being required to take the examination if the individual has completed at least three hundred (300) supervised classroom hours of hypnotism education from a school that is approved by the Indiana commission on proprietary education under IC 20-1- 19 or by any other state that has requirements as stringent as required in Indiana; or
        (2) take the examination, notwithstanding the individual's failure to meet the requirements of IC 25-20.5-1-10(a)(1)(C), as added by this act, if the individual meets the other requirements under IC 25-20.5-1-10, as added by this act, and has had at least ten (10) years of continued experience in hypnotism or has completed before July 1, 1997, a course in hypnotism from a state approved school that included less than three hundred (300) classroom hours.
            (e) This section expires July 1, 2000.

25-20.5-1-10 Use of title or prefix "hypno" without certification -- Penalty.
            (a) An individual may not:
(1) profess to be a hypnotist or hypnotherapist;
(2) use the title "hypnotist" or "hypnotherapist"; or
(3) use the prefix "hypno" with any word or use initials, words, letters, abbreviations, or insignia indicating or implying that the individual is a hypnotist certified under this chapter; unless the individual is certified under this chapter.

25-20.5-1-6 "Professional hypnosis association" defined Sec. 6. As used in this chapter, "professional hypnosis association" means an association that:

(1) is dedicated to providing training, continuing education, and performance testing in hypnosis;
(2) is incorporated in the United States;
(3) can document current membership of at least one thousand (1,000) members; and
(4) does not sanction hypnosis training or education in Indiana that is less than required under this chapter.

25-20.5-1-15 Examination -- Frequency and location -- Scope -- Retaking after failure.
            (a) The committee shall provide for examinations to be given at least two (2) times a year at times and places established by the committee.
            (b) The committee shall provide for examinations that test an individual's knowledge of the basic and clinical sciences as the sciences relate to hypnotism, hypnotism theory and procedures, ethics, and other subjects the committee considers useful to test an individual's fitness to practice as a hypnotist.
         (c) A qualified applicant who fails an examination and is refused a certificate may take the next scheduled examination upon payment of an additional fee determined by the board.

25-20.5-1-22 Disclosure of educational background Sec. 22.
            (a) Before providing hypnotism services, a certified hypnotist shall disclose in writing to the individual to whom hypnotism services are provided the hypnotist's educational background in the field of hypnotism, including the following:

(1) Whether the hypnotist has a degree in hypnotism or a related field.
(2) The type of degree issued, the qualifications for the degree, and the institution that issued the degree.
            (b) An individual who:
                    (1) violates subsection (a); or
                    (2) provides false information or documents under this section; commits a Class A infraction. 25-20.5-1-4 "Hypnotism" defined 

Sec. 4. As used in this chapter, "hypnotism" means a temporary condition of altered or intensified attention induced in an individual by a person who professes to be a hypnotist, in which the condition is characterized by a variety of phenomena that appear spontaneously or in response to verbal or other stimuli, including the following phenomena:

(1) Alterations in consciousness and memory.
(2) Increased suggestibility.
(3) The production of responses and ideas unfamiliar to the individual in the individual's usual state of mind.

(1) A licensed dentist practicing dentistry under IC 25-14.
(2) A licensed physician practicing medicine under IC 25-22.5.
(3) A licensed osteopath practicing medicine under IC 25-22.5.
(4) A licensed psychologist practicing psychology under IC 25-33.
(5) A certified social worker or clinical social worker practicing social work or clinical social work under IC 25-23.6.
(6) A registered nurse licensed under IC 25-23.
(7) A certified marriage and family therapist practicing marriage and family therapy under IC 25-23.6.
(8) An individual who teaches Lamaze prenatal and delivery relaxation techniques to pregnant women.
(9) A law enforcement officer who:
    (A) is trained in hypnotism; and
    (B) uses hypnosis only for law enforcement purposes.

(10) An individual who performs hypnotism exclusively for entertainment or amusement purposes at a theater, night club, or other place that offers entertainment to the public for consideration or promotional purposes. 25-20.5-1-1 Applicability of chapter.

This chapter does not apply to the following:
(1) A licensed dentist practicing dentistry under IC 25-14.
(2) A licensed physician practicing medicine under IC 25-22.5.
(3) A licensed osteopath practicing medicine under IC 25-22.5.
(4) A licensed psychologist practicing psychology under IC 25-33.
(5) A certified social worker or clinical social worker practicing social work or clinical social work under IC 25-23.6.
(6) A registered nurse licensed under IC 25-23.
(7) A certified marriage and family therapist practicing marriage and family therapy under IC 25-23.6.
(8) An individual who teaches Lamaze prenatal and delivery relaxation techniques to pregnant women.
(9) A law enforcement officer who:
    (A) is trained in hypnotism; and
    (B) uses hypnosis only for law enforcement purposes.
(10) An individual who performs hypnotism exclusively for entertainment or amusement purposes at a theater, night club, or other place that offers entertainment to the public for consideration or promotional purposes. 25-20.5-1-11 Application for certificate

Sec. 11. (a) An individual who applies for a certificate as a hypnotist must do the following:
(1) Present satisfactory evidence to the committee that the individual:
    (A) does not have a conviction for a crime that has a direct bearing on the individual's ability to practice     competently;
    (B) has not been the subject of a disciplinary action by a licensing or certification agency of another state or jurisdiction on the grounds that the individual was not able to practice as a hypnotist without endangering the public; and
    (C) has at least three hundred fifty (350) hours of hypnotism education from a school or program of hypnotism approved by the board that includes the following:
                (i) At least one hundred fifty (150) hours of supervised practice of hypnotism with a qualified supervisor, with not less than one (1) hour of personal supervision for every fifteen (15) hours of supervised practice.
                (ii) At least one hundred fifty (150) hours of classroom instruction in the practice of hypnotism. A classroom hour may not be less than a fifty (50) minute period of instruction with both the instructor and student in attendance. Classroom instruction does not include video tape correspondence courses or other forms of electronic presentation.
                (iii) At least fifty (50) hours of video tape instruction in the practice of hypnotism. Video tape instruction may be used as a home study assignment.
(2) Pay the fee established by the board.
            (b) An individual may not enroll in a school or program of hypnotism to satisfy the requirement under subsection (a)(1)(C) unless the individual:
(1) is at least eighteen (18) years of age; and
(2) has graduated from high school or received a:
    (A) high school equivalency certificate; or
    (B) state of Indiana general education development (GED) diploma under IC 20-10.1-12.1.