Loading...
SR-6-R (6) e .z.-c;8-oo 9 e b--I? CA:RMH:SC:bl Counc~l Meet~ng 7/28/81 Santa Monlca, Cal~forn~a JUL 2 8 1981 STAF? REPORT TO: Mayor and C~ty Counc~l FROM: Clty Attorney SUBJECT: L~censlng of Hypnot~sts INTRODUCTION Under the present prOV1Slons of the Munic1pal Code, the practlce and teach1ng of hypnot1sm lS classlf1ed and 11censed as "fortune telllng," and restrlcted to the CityJs Amusement Zone (l.e., the area west of lithe promenadeH along the Ocean Front between the south boundary of the Clty and Kinney Street and the P 1 er) . Santa Monlca Munlclpal Code Sect10ns 6204H and 6204H2. ThlS off1ce has recently recelved a number of requests from lndlvidual practlt10ners and professlonal hypnotlsts' aSSoclat1ons to reVlse what they conslder to be outmoded and 1nvalld restr1ctlon of a recognlzed professlon. The Clty Attorney's off1ce requests dlrectlon from the C~ty Cauncll wlth res~ect to contlnued enforcement and posslble reV1Slon of Sect10ns 6204H and 6204H2. DISCUSSION Although the Clty clearly has the rlght to regulate bus1ness practlces In the lnterest of the publlC health, safety and welfare, the r1ght to engage In a legitlmate buslness or employment lS recognlzed as an element of the lndlvldual freedom secured by the state and federal constltutlons. Doyle v. Board of Barber Exam1ners, 219 Cal. A?p. 2d 504, 33 Cal. Rptr. 349 (1963); WhltcOmb v. Emerson, 6-R JUL 2 8 1981 ----- e e 46 Cal. Aoo. 2d 263, 115 P. 2d 892 (1941). L~censlng requlrements and other forms of regulation w~ll be upheld so long as they are reasonably related to a proper governmental purpose, such as assurlng a llcensee's fltness to practice a partlcular professlon. However, the Clty may not, under the gu~se of regulatlon, sup~ress or unduly restrlct the practlce of an otherw~se leg~tlmate occupatlon. ~hatever the status of hypnot~sm ~n the past, ~t is presently recognlzed as a profess~on ut~lized ln conjunct~on w~th counseling, law enforcement and med~cal treatment, as well as for non-medical self-~mprovernent purposes (e.g., memory control). The Un~ted States Department of Labor added hypnotheraplst (alternatlvely master hypnotlst and hypnotlst) to lts 1976 Dlctlonary of Occupa- t~onal Titles. The state recogn~zes hypnotism as a cllnical tool In the practlce of psychology (Buslness and Professlons Code Sect~on 2903) and ~arrlage, famlly and ch~ld counseling (Business and Professlons Code Sect~on 17800.2). Moreover, Buslness and Professlons Code Sectlon 2908 expressly states that the requlre- ments for llcensure of health care professionals shall not be construed "to prevent . . . persons util~zing hypnotlc techniques by referral from persons l~censed to practlce medlclne, dentlstry or psychology, or persons utlllzlng hypnotlc technlques WhlCh offer avocational or vocatlonal self-lmprovement and do not offer therapy for emotlonal or mental dlsorders. . from doing work of a psychologlcal nature conslstent wlth the laws governlng the~r respective professlons . " In response to thlS revlsed Vlew of hypnosls as a professlonal dlsclpline, increaslng eVldence that the use of hypnosls lS not dangerous, and pressure from hypnotlsts' lobbles, many citles have -2- e e rev~sed 11cens1ng ord1nances which, like Santa Mon1ca's, c1ass1fy hypnot~sm only as an amusement. Among the ord1nances rev~ewed are those of Costa Mesa, Torrance, Carson and Sacramento. ALTERNATIVES The Clty'S present ordlnance prohib~t1ng the practice of hypnot1sm except 1n the Amusement Zone would appear to be unduly restrict1ve and vulnerable to const~tut1onal attack. Accordlngly, ~t lS suggested that the Councll dlrect thlS off1ce to amend Sectlons 6204H and 6204H2 to ~nc1ude only those uses of hypnot~sm Wh1Ch are for amusement purposes and to provlde for llcens1ng hypnotlsts as professlonals. At a m1nlmum, the C1ty should exempt from the restrictlons of Sect10ns 6204H and 6204H2, profess1onals 11censed by the state to practice hypnos1s and persons working under the directlon of state licensed professlonals and law enforcement agenc1es. If, as suggested, the Councll elects to provlde for llcens1ng hypnot1sts, there would aDpear to be two a1ternatlve approaches. The slrnplest and most expanslve would be to allow hypnotlsts to pract~ce under a general business llcense subject only to the 11mltatlons conta1ned 1n BUSlness and Professlons Code Sect~on 2908, and state law prohlbltlng the unauthorized practlce of medic1ne. BUSlness and Professlons Code Bectlon 2141. See People v. Cantor, 198 Cal. App. 2d Supp. 843, 18 Cal. Rptr. 363 (1961) (treatment of headaches and obeslty by hypnot1st w1thln proh1b1t1on of Bectlon 2141). Alternat1vely, the Clty could reqU1re persons seek1ng a llcense to practlve hypnot1sm to demonstrate competence by one or -3- -~ e e more obJectlve crlterla. Torrance, for example, requlres proof of reglstratlon In an lnstitutlon approved by the Offlce of Private Post Secondary Educatlon pursuant to Educatlon Code Sectlon 943ll(d), and proof of membershlp In at least one state or natlonwlde pro- fesslonal hypnotlsts organlzatlon. Alternatlvely, the Clty mlght requlre a mlnlmum amount of classroom instructlon and/or apprentlce- ship or supervls1on. The actual study and practlce of hypnotlsm In Californla (e.g., the number of approved schools of hypnotism) may make certaln of these requlrernents more or less approprlatei however, all of the alternatlves would appear to be reasonably related to the leglt1mate public lnterest ln assuring the competency of professlonal llcensees. RECOMMENDATION It 15 respectfully recommended that the C1ty Councll dlrect the Clty Attorney's Offlce to draft an ordinance WhlCh would permlt hypnotists to practlce under a general bU51ness llcense. Prepared by: Robert M. Myers, City Attorney Susan Carroll, Deputy Clty Attorney -4-