Second Regular Session 111th General Assembly (2000)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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SENATE ENROLLED ACT No. 178



     AN ACT to amend the Indiana Code concerning professions and occupations.

Be it enacted by the General Assembly of the State of Indiana:

    SECTION 1. IC 25-20.5-1-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: 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.
The term includes neurolinguistic programming, transformational imagery, guided imagery, and visualization.
    SECTION 2. IC 25-20.5-1-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 7. (a) 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 committee is not required to be a member of a professional hypnosis association. However, no two (2) hypnotist members appointed to the committee may belong to the same 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.
    SECTION 3. IC 25-20.5-1-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: 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 an Indiana school or program of hypnotism that is approved by the board that includes Indiana commission on proprietary education (referred to as "the commission" in this clause) under IC 20-1-19 or from any other state approved school or program that is found by              the commission to have requirements as stringent as necessary for the commission's approval of an Indiana school or program of hypnotism, including 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.
    SECTION 4. IC 25-20.5-1-24 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 24. A hypnotist may not use, advocate, teach, or condone the following practices while engaged in the practice of hypnotism or advertising hypnotism services:
        (1) Satanism.
        (2) Satanic rituals.
        (3) Spiritualism.
        (4) Spirit or demon depossession.

    SECTION 5. P.L.175-1997, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: (a) The governor shall make the initial appointments to the Indiana hypnotist committee established by IC 25-20.5-1-7, as added by this act, before July 1, 1997.
    (b) Notwithstanding IC 25-20.5-1-7, as added by this act, the initial terms of office of the members of the Indiana hypnotist committee are as follows:
        (1) One (1) hypnotist member and the licensed psychologist member for terms of one (1) year.
        (2) One (1) hypnotist member and the consumer member for terms of two (2) years.
        (3) One (1) hypnotist member and the physician member for

terms of three (3) years.
    (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, 2005 , 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. 2005.
    SECTION 6. An emergency is declared for this act.


SEA 178 _ Concur

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