Sec. 20-660. Hypnotists. Registration. Complaints. Appeal. Civil penalty. Revocation. Exemptions. Regulations. Definition.
Sec. 20-660. Hypnotists. Registration. Complaints. Appeal. Civil penalty. Revocation. Exemptions. Regulations. Definition. (a) No person shall practice hypnosis
or hold himself or herself out as a hypnotist in this state without first registering with
the Department of Consumer Protection pursuant to subsection (b) of this section.
(b) Each person who practices hypnosis in this state shall, upon payment of an
application fee of fifty dollars, register with the Department of Consumer Protection
on a form provided by the department with such information and attestation as the
Commissioner of Consumer Protection deems necessary, including, but not limited to,
(1) such person's name in full, (2) such person's residential and business addresses,
and (3) a representation, in writing, that such person is not subject to the registration
requirements of chapter 969. Each such person shall notify the department, in writing,
not later than thirty days after the date of any change in such person's name, residential
address or business address or if such person becomes subject to the registration requirements of chapter 969. A registration shall expire annually and may be renewed upon
payment of a renewal fee of fifty dollars.
(c) The Commissioner of Consumer Protection may deny registration as a hypnotist
to an individual who has been the subject of a finding rendered pursuant to subsection
(d) of this section. The registry shall contain information concerning any individual who
has been denied said registration, as well as any brief statement disputing such denial
by such individual.
(d) The Department of Consumer Protection shall receive and investigate complaints against individuals who are practicing or have practiced hypnosis in this state
and may cause a prosecution to be instigated based on such investigation. The grounds
for complaint shall include physical or sexual abuse, misappropriation of property, and
fraud or deceit in obtaining or attempting to obtain registration as a hypnotist. A hypnotist
shall be given written notice by certified mail by the commissioner of any complaint
against him or her. A hypnotist who wishes to appeal a complaint against him or her
shall, not later than thirty days after the date of the mailing, file with the department a
request in writing for a hearing to contest the complaint. Any such hearing shall be
conducted pursuant to chapter 54. The commissioner shall render a finding on such
complaint and enter such finding on the registry. The commissioner shall have the authority to render a finding and enter such finding on the registry against an individual
who is practicing or has practiced hypnosis in this state, without regard to whether
such individual is on the registry or has obtained registration as a hypnotist from the
department.
(e) A hypnotist may petition the Commissioner of Consumer Protection to have the
finding removed from the registry upon a determination by the commissioner that: (1)
The employment and personal history of the hypnotist does not reflect a pattern of
abusive, deceitful or fraudulent behavior; and (2) the conduct involved in the original
finding was a singular occurrence. In no case shall a determination on a petition submitted under this subsection be made prior to the expiration of a one-year period beginning
on the date on which the finding was added to the registry pursuant to subsection (d) of
this section.
(f) The Commissioner of Consumer Protection may, after notice and hearing, in
accordance with the provisions of chapter 54, assess a civil penalty of not more than
one hundred dollars against any person who has practiced hypnosis in this state without
first registering with the department pursuant to subsection (b) of this section.
(g) The Commissioner of Consumer Protection shall revoke the registration of a
person under this section after notice and hearing in accordance with the provisions of
chapter 54 if such person becomes subject to the registration requirements of chapter
969.
(h) The provisions of this section do not apply to any person licensed in this state
to provide medical, dental, nursing, counseling or other health care, substance abuse or
mental health services.
(i) The Commissioner of Consumer Protection, in consultation with the Commissioner of Public Health, may adopt regulations, in accordance with chapter 54, to implement the provisions of this section.
(j) For purposes of this section, "hyponosis" means an artificially induced altered
state of consciousness, characterized by heightened suggestibility and receptivity to
direction.
(P.A. 06-187, S. 44.)