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HomeMy WebLinkAboutOrdinance 2116 - Hypnotism f / MD ,• CITY O 1p UNTI ® TOW 06ACH CA 76-143 COUNCIL ADMINISTRATOR COMMUNICATION. MUNTINCT(Nd B(A(N - - To Honorable Mayor and From Floyd,. G. Belsito, City Council Members :City Administrator Subject ORDINANCE NO.;t1/47-'HYPNOT'1SN Date September 15, 1976 Attached is Ordinance No..X*4(o amending. Sections 9.60..010 and 9. 60: 020. and, adding Section 9. 1*. 0"pertaining to hypnotism. I have also attached a letter received' by. Mayor Wieder .from Franklin M. McCann'. . Dr. McCann is attempting t© .esteblish a practice in Huntington Beach on Beach. Boulevard�,and would like tb .be. able :to use hypnotism in his work._ At the:`present time, the Ordinance Code prohibits such methods. He r.o `ses: usin h olel avo cational and vocationals. RECOMMENDATION Adopt Ordinance N6. ,,?0d6 -a:1$owing, paychol:o ists licensed .under Section 2903 of the California Business and Professions Code ', and those per- sons who would be permitted to practice hypnosis under. Section 2908 of the California Business and Professions Code, subject, however, to the restrictions and limitations .contai:ned In said Section 29.08 , to practice hypnotism within the city of Huntington Beach. Respectfully sibmitt;ed, IV V Floyrdministrdior elsito, City FGB:p Attachments s 9.60 .010 -9 . 60. 030 Chester 9. 60 FORTUNE-TELLING - Sections: 9 60.010 Prohibited. 9.60 . 020 Teaching unlawful. 9 .60 . 030 Hypnotism--Practice Prohibited. 0 60. 010 Prohibited. No person shall. carry on, practice or profess to practice he' business or act "of astrology, palm- istry., phrenology, life-reading, .fortune-telling,, cartomancy, clairvoyance, clairaudience, crystal gazing,, mediumship., spirit photography, spirit' writing, spirit voices, spirit materialization, etherealization, prophecy, ailgury, divination, magic, necromancy, character reading or fortune--telling by handwriting analysis, or other similar. business or act, and demand or receive directly or indirectly, a fee, gift, donation or reward for the exercise . or exhibition. (Ord. 2116, 5 Nov 76; Ord. 1178, 1166) 9. 60. 020 . .Teachin unlawful. No person shall teach or . give Instructiot, in as rology, palmistry, phrenology, life-- reading, fortune-telling,' cartomancy', clairvoyance, clair- audience, crystal gazing, mediumship, spirit writing, spirit voices, spirit materialization, . etherealization,. prophecy, augury, divination, magic, neeromancy, . or other similar business or. act and demand, ask or receive directly or indirectly, a gift, fee, donat,ion 'or reward for such teaching or instruction. (Ord. 2116, 5 Nov 76; Ord,. 1178, 1166) . 9. 60. 030 Hypnotism-Practice Prohibited. No person shall practice hypnotism within the c ty of Huntington Beach except psychologists licensed under Section 2903 of the California. Business and Professions Code, and. those . persons who would be permitted to practice hypnosis unde.r. Section, 2908 of the California . Business and Professions Codeg subject, however, ,.to the restric- tions and limitations contained in said Section 2908. (Ord. 2116, 5 Nov 76) 263 ANNW14 ENS OF IN NU � ACH c p1 "m A91A low p hAI! �liilt o �Qt1�1Mso comma ElrAppo sommcmv. we a cows* arrwea ®seas+,,Co. sts�eos . ' � y:.:::k w.v wwt.:c�.�piwll�+tiiyri4+Y:w�.:,roaa. �.r;.;.+✓..." Win. $14 By J e IL MoCaswoM RA B-A maw VdL 17522 7 Segl2tem�ber 10�1 1276 The Honorable Harriett hL Wieder Mayor of Huntington Beach Civic Center 2000 Main, Street Huntington Beach. CA 92648 u e se .to Practice N .:onothera in the C1ty. of nt Eton Beac a California Dear Mayor. Wieder: After discussing the subjeat l9tattr with City Attorney, Bonfa and his de,puty, . Mr. Cohen,- n 'their:; office on September '6.3, 1976; with you by - telephone on Septe oor- 9 and .at. your request with City .Administrator Belsito.o. C64hbilwoman Gibbs and Councilman Coen u n.ess= license to es ab abet 12 tl2e- City of. Huntin to e I am currently a resident of Huntington. Beach, residing pt 40321 .Drew Circle's Huntin�totn 3each, California 92646. The pro- posed location: for establishing. my .pragtice is : Beach Ved9cal Villa 1T522 Beach Blvd: HuntinBt6 Beach, Ca. 9264$ The senior partner , Dr. Sietf °ed Suiiber, M. D. , with the other partners and occupant; of the building, held a meeting in; July and unanimously voted to permit. me to.'leaae office space in the building. At present , the Huntington Beach City Ordinance Chapter 94,661 "For';una-"I'211i::c*" under , Section 9.60,020 , urcribito are use of HYPNOSIS in any form as a part of a business . it is .quelstionabl.e whether this ordinance can lawfully be enforced beeauae of the following 1. Opinion No. 17-24 -. April 14 , 1971,. Subject PRACTICE OF HYPNO'TX- 64 attorney General Evel a J. Younger concluded that,, to Practice of hypnotism is not prohibited by ,state law un- less such practice constitutes the unauthorized . practice of medicine 'Or psycholory." The Honorable Harriett M. Wleder Page 2 2. Chapter, 6.6 of the Business and Professions Code .Relating to nsychoiogists under Article A. General Provisions, Section 2908 states, "Nothing in this .chapter, shall be :construed to prevent . .. persons util. titt�:hypnotic techniques by rieferral from persons licensed to:_ practice medicine, den-. tistry or psychology or persons utilising hypnotic techniques which offer avooatibnal or vocational . self-improvement . .n. 3. The Dictionary of Occupational Titles, U. S. Depart- , meat of Labor and: Caiiforha DOT 0 07 9-2a$ clearly defines the occupatio' of a Mypnotherapist as fol- lows * "Assist the clien 1t :in, increasing motivation and alter behavior pattern through hypnosis. Consults with cl ent ' to determine nature of problem. Prepares client to. enter hypnotic state by explaining` how. hypnosis works and.. what client will experience. Tests subjects to determine degrees of physical and emotion- al suggestibility. Induces hypnotic state in client to achieve desired. result , usi'ng .indi- vidualize'd methodx and techniques of hypnosis based on interpretation oP test results and analysis of client's problem. May. train client 1n self-hypnosis ' conditioning. " In lieu of the above provisions and in 'coneordance with.. sugges- tions by City Attorney BonfBi andl the St t o California. establishes standards codes and ; censes for;;H onothera lets I propose. o conduc ..my practice as o awe«. 1 . Hypnosis per ' se will be .utilized solely for the purpose of "ay.ocational and vocational 3eif�improvement",which 2Cet) will include... but not .nggggar bemeted to the ..r..e , following:, . The teaching of aelf-hypnos-is an gam..recall Testing. and .alteriM..suggestibility * Assisting the Client to relax , set goals , and make decisions The Honorable Harriett M. Wieder, Page 3 Assist In the recovery �of covert know- ledge and forgotten events Assist in exploring capabilities and potentialities of the client . . Improve publid . speaking abilities a v c Improve; sales sk. 11e 2. The practice .of hypr ptherepy will by utilized solely on :the basis ot. referrals ,of .>licensed , physicians, psychologists, psychiatrists, and dentists according to. the:-provisions in Chapter 6.6 of the Bu' fness` and Pro , ;ssionkl Code, Problems' considered" to be,me ,o„ psychologi_cal in hature such as weight reduction a ergies a In,.a ev =a c oso a s m oms, a av or e - ttit va On Ynndilriftation. a coo an ku aloh" tith ersonalit soc a ma a us men s a Ire ted ut1.1 hypRot'hera2eutic CeennigueF .on .7 ref.errs bar s n I have alreadyr conferred with Dr. Surber, who licensed general r practitioner in the -same building in which I propose to conduct my practice , and to Ar. Bruce. ' Wallenstein, a licensed clinical psychologist with* offtces at 16168 Beach Blvd. , Hunting- ton Beach, and 111 Warner Avenue', Fountain Valley, concerning my proposed hypnotherapy practice and .both r have, agreed to, work with aye on a referral basis within the ethical code and laws governing their respective proreasions ,7. I feel that m education and ex er.ience,_more .than alif- me con uc a proposed, eractliYi-in a prorei, Lnd ethical manner . , y quallrications-en ac :grotty nc u e Holder of B. S'.. 111 @R.A.a and P1i.6 de rear from , u accre a un ver estej:mj s In HLAMAD. am qualified and. have applied for admission into .the American Psychological. Association. The Honorable Harriett M. Wieder Page 4 J&0 + my Dissertation entitled ."An EExDerlmentil Stud of TransactIonal. Analys s, e c e an zat ona eve men was accepted by United State, s .InternatlonO UnIversItY in 1975. I .had the honor 'of deliver.ing` twio ,papers at the Academy of. Management ' s 36th Annual Meeting in August of 1976, both based on the research of the disserta- tion. 1 • + I am associated, with' the tgllovdnlw, o lg er . ucat on ae an, a unct .a.:ult membe,�c 1. California State,Universit Lbn;g •Beach$ Ca. • r 1' 2. Callfbrnia 1tat .university. PullertCa4 _J�. . --- -_4 a _ Ch, rtLr± (°�l c+arss .. • 5. Saddleback Collegi* . 7 . Orain�c Coax Ci�]ae�ee + I am currently a post-Doctoral Scholar at V. C. .L. A. ..14° engaged in behavioral research-, Oo + Havq suc ssfu l ss,&d-' a, - rigid *wittet,, r cacti a examinati- oh conducted, by the oti s Examinin Council E W h wh ch .am r .a . tered as a .ro ess ona .. egot w -n the state o . 'California, + I am currentl a. member, of- the.1followiog Professional and 'aca em c organIzations hi XaDvaPhi American n sis :Asao iat on 2,10 -* ounc i Academy. of Management The Honorable Harriett M. Wieder Page 5 e American Marketing Association .22. Internatict nalvsis Association, + Avvljcgtio13j fgr admij igg bgve been MtMitjgd t the' American .Societz 'Of Clinical and Ex ertmental YBnot s s and-American, syc o og ca ssoc a on. In addition I, would Preel submit t© a police invests ation of my ac, groan as a Pere u s a ox° o a fl n a us Haas icense 2ractIce In Huntington ao s Is .always a reou rement or obtaininga professional tense in the .State of California. I submitted to this t e of inve$ti' ation in order to acquire m' a orn a Teaching, Credenjill. In the past few years many ;Cities in California,, andspecifically Orange. County have revised theix° "Witch Hunting" city ordinances to delete the word "Hypnotism" . Some of these cities include : Garden.`t3rove Anaheim .Vestminster Fremont Santa Aar, San Jose Palo `Alta Palos Verdes Estates Glendale Pasadena Artesia County of Orange Some of, the Cities require `a police investigation on, the applicant . Some cities require that the applicant be a member of the. HEC , which is the only organization which hI as. bee.n. established to examine and register hypnotists. . W€ anticipate that .licensing of hypnotists in the State .will be forthcoming within the next. 12' 18 months . , z the meantime, .t is fOlt, that : o trol of h nothera is adeouately ° rov e e State .a enc a nc ud n , the Repartment, or consumer Affairs. The Report of the Assembly Interim Committee on Pub is Real known also as the Rumford. Report , Vol. 9, No° 26 , Page 61, stated : The Honorable Harriett M. Wieder, Page 6 "The Committee rinds that p tievi or the provisions of Section 2141 of the Business & Professions Code, that there are adeouate g�rot+�ctions against the 'ice proper. use ,of hypnosis by .those .who are not' licenti- ates in the healing arts and ' therefore, legislation is not required in this area.'° The City of Palos Verdes Estates has, removed tfie word "Hypnotism" from their, city ordinance. They felt that ,adecuate state. laws exist to protect.` the members of their community. . The Chief of. Police stated', for the record that.sae had experienced oe problems connected with hypnotists or hypnot s't in-hia' 22 years in that office. I Irish to thank you in advance fdr taping your tiine. to consider my request ,. and for presenting this information to the City Council . Mrs Reg Sheldrich, Secretary .of HEC,, and .iI would welcome.,the c�PRcr— tunic to apgear before.' the Cit :Count l to n wer an . gWRst i gos '�• the Council—members ma ave r and to my s ecific . re uest and possible ,ordinance amen men Respectfully, )7. Pranklin M. McCann,, Ph. D: . aye®sem _ E oK cAlifoitmA-}-AGRICULTURE AND SERVIC:S A IDMUMV O. ®RO%Vf JIL. Ge..rwo, ® NO NTFMEMi Of 90MD OF MEDICAL GUA61'i'Y, A$S O MCE A �1;r o b", ►�►r PSYCHOLOGY EXAMINING COMMITTEE, ak,-f;^r: �:8 tAiO MOW! AKNtt6 "CR/1AAENtO: CAUfflat" VUW Y a UU01mat o W XUnu January 5, 1977 Theodore Franklin, Ph.D. (APPENDIX A) _ Chair, CSPA Ethics Cos aittee . .. 2365 Westwood Boulevard Los Angeles, California 90064 Dear _Dr. Franklin:, During its uctober--meetihq;_ the fs INTIPVZ-•B'cessaiYang Corte-- mittee considered A letter frame you dated September 21 re.. ga riling paraprofessionals or lay .pftsons who , identify them- .selves as. "hypnotherapistsp The .ccx=ittee referred this matter to its legal. counselo who reported to the committee at its December meeting. to . . . .. r. researchin this matter."' it: Vai ,eh® o inion` of the . committee's counsel t�4rs'. Bar ` a YC .,o ® Attorne an- era s office, at the use :o_ erms ypno erap s or ypno erapy y P rso cine 'or s c o o wo - on un zcense rac ce ne a orsecElon 2903 rac ice o s c o e, a use 'o:C HypnoElsm. is not prohibited n e y law u $s. uch conatitutes' the practice of' medicine, psychology oraa;riage;, family and child eounseling, t'he use_ of ehm. t that " ;-implies-. an ability to; treat. a`disease'. Thus all unlidtnsed. hypnotist who re_ ers to 11WHerseI as , -iT n thergy or to his.. vr . er -unc ion as ,being a . o era wou E be In. vlo' a ion ' Of the Provisions of t e 9uSi1jess ' `Pro •ess ons Code. :Use o the terms v nothera ": or: h no. ra at un ens". ed perS011s Would therefore a preC U e@ hope that the above resolves . this .matte r for. you. Very truly yours, 1 AN t•JOGO:UIN . Assistant Executive '4ecretary SW It cc Barbara Kinq PAGE 28 W. FOUNTAIN VALLEY 12.8-7t (APPENDIX B) ANNOU VCIING HE OPENING OF !� OUNCE COAST HYPNOSIS UNTO IN HU TINOTON BEACH fE o za I"HYPNOSIS FOR 4#40,impm 1vemiNT AND 11V~TM1MAPY, S o. •; µNYQ1lOSiS GASSES NOW FORMING FOR SELF-IMPROVEAMNT . AND FIOURI CONTROL CONSULTATION 6Y APPOINTMINT ONLY M7'!¢@� 0BA4SW �Cigd48VAg0 '- .• .� �: ; 1 tpfiON 66 ACM. CA: of io (714i,848-0688, P�t 714r�•1u"�ea�3 Uy A��Iwinfn�c•�it . - id/i1Cb K. Pi©c 1l"ll tz Q�A�ev l 106k Cf�ifyewdi9 lasuler 17522 Bo h BIJ,,Huutnfgtun B..4, 92647 (APPENDIX C) accord sn t� H. theraptst g t �• !ORfOLAhiO Driving along a long, � n. . p t t e c°t you know what you're to a lot By i, doin Mann ng Mtor monotonous stretch of a Ws o 1104 some ve reacts to! road con produce'a sind a Section y Look deeply into my' newsprint Your eyes are t hings differently. it can Jar reaction.be says.to be in conflict be a very dangerous thing getting tired, heavy, yeah, hilt what about. withal taw regulating it misused. 'Party hyprto- sleepy. You will fall the hypnotists a+e see hypnosis and Iw as able to star my work. thin can produce some asleep; but you will be television"or in the alght- 1 Scary results, like the boy -able to read everything clubs.They can make you mb .work involves two whose tongue was stuck to 'I've written.here. kinds of busiven: medical Now that f have into a crook or a tool, it ; the t�f of his mouth. He you all seems.Doesn't it?, referrols and self-ini- had to be reliyphoti=ed by in my,power, I'm going to 1 piroveoient wort. fe- aioaat to solve the tell you about the Hunting- "One of the reasons that �rorfb grith aloohcdics probjern,"he says. ton Beach hypnotherapist people, are skeptical of DroMems.' 'Hypnotism can be of that is out to teach people hypnosis is the way that s w ce to; at benefit in .treatin that hypnotism isn't some 8re,. it's portrayed. in the a saw s ' various disor+�rs and sort of sinister device used movies and as forms of Wine® r sa problems." be believes. by evil men (and editors); entertainment. Films ` e "It'can help you solve a to turn weak minds. into often depict the hynotist of aidentify an at lot of your problems— zombies. some sort of Svengali with help you relax, Improve His name .is James ' an evil,:tnagtcal power Ie 8elt im rnent . your memory, your self- alcCanri1�Foun e� over people, Matfng.them a confidence." new Orange Coast H mosis do his bidding, even to ves a "deed, properly it. can inter at...1 rra though it might be against ' a e' sm be a tremendous asset, $1-yd in__s vHuntin o their better judgeitiem," . aexaa ctmn to he says. In order. to to BuiL Hiiews on says McCann: promote interest in hypno- hypnosis.are eye opening 'You can't be made to tisni, McCann is givu►g (wait a second,., 1, didn't do `something you don't "h work with them,first ! lectures:in his office build- �Y You, could open your want to do:There's a `crit- oira I. teach them to ' mg grimy olghts. at 7:30 .eyes) and give an impres- cal,, of the mind that hyppaotiac themselves," he p,m. The public is wel- sion of hypnotism Auite; contains.your value syys- - come. different from the popular! tem. When you're under. Y Okay, when I snap my conception. ! hypnosis, you don't throw fingers, you'll wake up 'Eor instance, the notion; that out the window, and remember everything that only the,duller minds ! "Another thing that bee. ' you read here.Snap! 4� are susceptible to hypno- really inn Ced ppim�pple's s is, a condition that impressions of bypn, is 18 � Hw+tingtoe 86ach; Calif:, T6rWay, Decainber 16, 19 McCann.describes as "as what they see om sta'ge.In ` a change in the state of. nightclubs,. hypnosis. as consciousness. entertaiameat People are ''On the contray," he selected who are good says,"it's.the more intelli- hypnotic subjects, and FRANKLIN MAURICR MC CANN gent and creative people they're asked to do little that react the best to innocous things that are hyypnosis.. It's not a sign kind of funny: a Al i as of weakness to be hypno- .people see that i tized, but rather an and they tWnt `Y don't James Kevin McCann . Asset." j want anybody to control Yes, but l've.never been me .and make 'a;.fool of Alias hypnotized, have I? I me.'.But in a tchib, +. x Budd McCann 'Everyone: :has been the subjects might have hypnotized at one time. of had a. lot to k. they another. In some ways, might have been baltt8 ' hypnotism is like a light and were envying the M6CANN sleep. Haven't you ever oppoctun►ty to•�� W ' � � i*.r two reasons. been, say, sitting in a lev- front of people ;he says. F'it q► 9:a penoa has a tore class, and the teacher "It's these false imptes- q f ab�it biinself, is droning_on about some- sion abet have led. ma thing that you've heard n a lot of negativity,-:that cities to outlaw the prae• ..ean be reinforced. by before,.and your mind sort i tice of hypiwsia", says: l9ypi is..Also, pre-coadi• of wanders? i McCann. UoWq makes it easier for ' oPell, the repetition it.was a battle fore. .a�" to hypiwtite him that the teacbers lecture 1Orberself.... ��.Trv►ng.�-ge �r-- . involves can lull you into a mission to E$e tml against mess state of bypnosis. You ` h airless . 'come to' IS minutes or so my�. ni �', later..You weren't'asleep' r -The c m toe— ►T`adT but you didn't hear the i hm ieklum• althoujh your with aeeratat m. asabrol- mind was recording 1t," , sis t ly no !G es n ro " By DE:ti\15.McLEL'LAY Techniques used to put a eonwM of themelves., I give o„»o..h o-+m s,.e,. person under vary accord*, to them gtuWanee.When it's allover ypnotism, long. held in the what areas the Individual is 'and everything is said and done. t lies mind as being on parj Ile e gives them sithp i." it eo"lves." It black magic and arlor� suggestion tests todetertbiinehow' < s '' itbt;auy . to trickery, is.coming out of receptivetheywillbe. closet and into its own i M Cann seldom uses the eye (APPENDIX D) lore and more people are fascination methoUcommor0Ik y dKug Ling to the ancient techruque, seen in the.movies. "That went'. vercoming bad hahitsl'smok= out with Svong all. Instead,•line drinking:overeating), gain- uses various relaxation► techn►• o helpp overcome the myths t -If confidence and hying up clues. tturcouaiding hypnosis, Mccann r potential. When a person comes in with gives free lettuces twice s month i u m e r o u s professional an,,overeating problem, for ex oh Friday evenings. Further loll- rtes, for example, swear by ample, the hypnotherapiast looks. formation Is available by calling , hypnotist's ability to help beyond the sympton to wlttat4, i8 ®fflr`e•848.0688• t rn relax and 'shake off, causing it.such as depression. - .,tive attitudes before the Bigi, Depending ,on the,,individtlal i e. . I and the depth.of the proWea t'eople are starting to see.it said,clients initially visitor er. a lot of value," says. James twice aweek. . ,,AL ann a Huntington Beach i.'• � \� E$m0 �*\� nutherapist. tilCKI,-4G TH king bak$it, l�%/�✓�� % ` •,•;' IcCann, who has a PhD in which he.said is-fairlyeasy toiu• i an behavior with an em' complish through hypttosiso ,is on psychology, attended take about five sessions r , g He spends the first one�distuss• Hypnosis Motivation itute in Los Angeles. . ing ,motivation.` "If a pesspii doesn't want to quit, it will be tS INTEREST in the subject ( very .difficult because,'h®'8 ,iM eloped while, working in •. one who has to do it i keting: He had done. re- Once under, he tells them how rch in transactional analysis much damage smoking`tan.do +`t � �� �. �' ,' •j"i ,y� its effectiveness ,n organza- and reinforces that their life is - •`�1.' � �`-�• � / f ' At y (motivatin people and im ortanttothem. �. ;imaself confidence). He may suggest that,ltnh ���'� ��'...-------= ��/�;•,�i.` 1 found TA to be an extr.enirdy smoke will be unpleasant ��• ��` '� 'i tool in helping people to be make their mouth feel*arm. He �- e effective in their transac•, also 5ets 'a date when they'w811 s with others,"he said. quit,usually 6ghtorl4days hat led.to hypnosis, which he Clients also: are taught iw& t . overerl to be "a eery fast hypnosis "so they can.keey give (hod of getting from where ing themselves positive sugges- i are now to µhere you want to tions and develop more. self- " It is,.he believes,eflectiv a in control. ,av'tur and attitude modiftca MCCANN NOT91) that !ut there are man) miscon• children are especi.ally,.easy_to '. i <a ,f;. ,•,0y4.n3 :Ir>t15 SUrrr-inning this lectint• aOrk with because they are not l �.- + '�,•"';t�� .`1• ' •f' filled with misconceptions.They., 'e; F'e�pl ()!ten tear they will also are "ve receptive, Bug, w� .7 things that would emb,rrass „very p .l gestions: - ,• �- .o�'. .•.,•. �r+J He added that arents often r• 6 t •. They average person views P ' .�'r ,. .-41 � nosrs as a situation where don't realize' how receptive' 1 a ,• ►r ("'rj . are in a complete tr.irici children are to their enviton: 1i little or no control over what ment He emphasizes the i nl• t 7. 4110$h (tour say.' portance.;of positive suggestions' ` tcCann said it is difficult to in the early years. BEAANDERSON,Editor Iron 'a state of hypnosis McCann views his job as "uw. t3t t977 -�i.,r ilv because every one is prograMMing" people who have. Tuesday,i'bbru*t5: crept been conditioned to think,s:ter- Lain way., ':I I G t 1Tl' p E RC E N T of those "One of the things you'll hear ' comi-rnit of hypnosis for the is "'I'm afraid to quit:smoking t time, howcker, he said. Vim- because_.1'll gain welght•"" he diatcly say they didn't think said. noting pounds c,pay.be'; RAM y were hyGin"tiied added because they've beewpro• : (a sa;d it iv more like a state of grammed to make it hair. —ioushess between being wide ' "It's a self-fulfilling prophosy.°' .ike.and asleep "It's a super "1 see myself .as a. hyp- of rel a x a I ion. a n v rnnt i•in:+l notherapist helping people get; ANALYSIS AND QUESTIONS McCann Letter' of September 10, 1976 , To Harriett M. Wieder, Mayor of Hu�ntinkton Beach, California Item 1 See letter from Department of Consumer Af f airs L January 5, 1977 Appendix A — See also Appendix B Advertisement Appendix C News Article Appendix D News Article Term: "Hypnothera ist" implies ability to treat a _disease and . is in violation of act ons, 2141 and 2903. Item 2 No State of California steudards codes, or licenses By whose authorization has the. hynothe.rapy practice been legally conducted? 13y.Dr. '.Surber? By the City? By McCann- himself?, By the. California State Board of Medical Examiners? Item 2a "will include but;;:not .necessarily limited to the following. " Limitations not identified.` What are the implications of such an unlimited practice? Item 3 No evidence to support M,CCann's . academic preparation., supervised . clinical training or professional experience in this area Item 4 No evidence to support HeCann's academic preparation; supervised clinical training or. professional experience in this area Item 5 No evidence to support .HeCann's academic preparation supervised clinical training or professional experience ' in this area Item 6 Fraudulent.. Claims McCann claims that he is .qualified by both education and experience to condudt. .a hypnotherapy practice in each of the following areas a. Medical problems Specifically; : What are McCann's qualifications to practice. .medicine? None . _ Analysis and Questions 2 b. Psychological Problems In terms of academia preparation, supervised clinical training; and professional experience prior to Se tember 10 '19-76 • Wh're' *is* the evidence o support c ann _s c a t ® Is qualiflea fo provide therapy in any of the following areas: Twig' OF M M . SUPPOR`"NG EVIDENCE * "Weight reduction► amd. figure Contrail" NONB , "Allergies" NONE * '►Pain allevist ioai NONE * ,Psychosomatic ®{.Moms" NONE * "Behavior, mo&fitsatioza" NONE * "Feeling-attit iivation modification" NONE * "Fears" NONE "Phobias" NONE * "Smoking" NONE * "Alcohol" NONE I'Dgs�� NONE Personality. maladjustments" NONE "Social mal'adjustaente" NONE • EXAMINATION OF McCA W S 'M$CRIPTS. FROM ACCREDITED. Examine carefully all -" Y" courses. Specifically list all "hypnosis" coursed. Identify i9stitutions, which . arovided the course work, credentials/certificates/tvai, cripts. Examine the..�.nformation carefully in terms of validity'.. *ere the hypnosis courses offered by.. an accredited . institution? . Were the instructors/ supervisors reputable?` Specifically, who, where, when? Item 7 McCanrr's " eTsonal' 2 a 1i '` about ors professional qualifications to provide the above forme of. medical/psychological therapy. SHOULD NOT BE SE$I(MBLY CONSIDERED ,as a .substitute for basic documentary evioehce 4here'.therapy is .concerned. Analysis and Questions 3 Item 8 McCann'.s transcripts shall reveal no courses in hZRnosis completed at .any time during work toward . through Ph.D. BS Industrial Engineering General Motors Institute , MBA Management .. . California State University Long Beach Ph.D. Human Behavior (Business Organizational Developmen. (Not Psychology) United States International University Academic background: Primarily business management/marketing: *OMISSION Item 9 Absolutelz no mentiouldf institution from which McCann received hypnosisinstruction/training. act: ` He was trained at the Hypnosis Motivation Institute in Panorama City. (Not accredited) *OMISSION Item ,10 Absolutely no mention of lame® ,of" inH$rue ors or supervisors. Absolutely no mention of specific courses in hypnosis. Completed At HMI or elsewhere. *OMISSION Item. 11 McCann does not rovide an ` !documenta evidence related to his professional exper ence n the field of hypnosis or therapy and Item 12 McCann'.s Ph.D: dissertati6n-', .W6rk had nothing. to do with hypnosis r or hypnotherapq. . lteme Item 13 "Iam associated. . .ad und facu F 'a statement- Noie. daie. of letter 16 September 10, 1976. Item, 14 California State University. Fullerton NO RECORDS OF EMPLOYMENT Item 15 Pepperdine _University TMINATRD SUMMER 1975 Item 16 Chapman College -MY AND AUGUST 1976 ONLY Item 17 Golden. West College TERMINATED SPRING, - 1974 . Item 18 Orange Coast College . NO RECORD OF EMPLOYMENT Cal State University Long ,Beaefi ---T®aching limited to business Saddleback College--Teaching 1imited- to business Analysis and Questionb 4 Item 19 Business-Marketing wi(Vbt 'ftnageee`nt`: NOT ,Psychology or hypnos s. Item 20 Misleading 'statement': "Itigid examination" Examination is estremely:7easy, not ".rigid' . as claimed. HEC. is comprised: primarily of lay-hypnotists. Standards lax and not ,t niform. Item 20a American. Guild of 112Sothoray.ista r uirIe no ro fesisional prerequisites. anyone can join or00. Item 21 McCann , is not a Board r' of, the HEC nor is he qualified to be. Item 22 No evidence to support ship in this organization Item 23 Very important to get facts related to `this statement. Did McCann actuall a l or membership- in the Society for Clinics an er htal Hypnosis? If so, he ia. not qualified for mbmb6r6hLp. , If accepted, check application form for ®isrepresentntioh' of his: icadei mic preparation, clinical supery sed,.tra niag':-ihd professional experience. Item 24 Fin er rint in& does'',_ not:. 4on.ata`tute a e investigation. Essential to have thorough nve ga on con- ucted on any person involved in hypnotherapy practice, Item 25 The. conclusions .of: the ft0fordl Beport. dated 1963 are 'no 'lon er, valid. The n eF o�c ar .a ans engtged, ln hypnotherapy has greatly..inareated .since then. Furthermore, the Scope, ptirp®se and sophistication of the Depart�ent of Consan ®r Affairs has 'ehanged as well. Item '26 . McCann did not Rersonally ,abRear to make his reeentation and answer quest ons ore t e o c a y o the unt ng on Beach City Council. Item 27 McCann",uses three (.3). •nos: Franklin Maurice .McCann Alias James Kevin McCann as u McCann used for i, private x n Westminster Why did be. find it necessary to change his name at . this time? What purposes are served? and Questio Cc: t; e basis of McCann's omission of significant factF j3n misleading and false statements contained within this letter, one may conclude that he lacks the academic preparation , the supervised clinical training,, and professional experience .necessary to engage in the practice of hypnotherapy. McCann' s letter raises. many questions concerning his honesty., character, and integrity.. What immediate specific steps: may the. Huntington Beach City council take to protect the consumers/clients/patients of our community from charlatans engaged in the practice of hypnotherapy? �® CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNnNGTON BEACH GAIL HUTTON EVELYN SCHUBERT To CITY ATTORNEY From DEPUTY CITY CLERK Subject MUNICIPAL CODE — S.9.60.030 Date 7/26/88 HYPNOTISM--PRACTICE PROHIBITED Ordinance No. 2116, adopted in 1976 amended Municipal Code S. 9.60.010 and S. 9.60.020 pertaining to fortunetelling and added S. 9.60.030 pertaining to hypnotism. In 1984 Ordinance No. 2703 repealed S. 9.60.010 and S. 9.60.020 and added new Chapter 5.72 pertaining to "Fortunetelling". When_.Ordinance No. 2703 was codified apparently -S. 9.60.030 was-overlooked- and-deleted from the Municipal Code. After researching subsequent ordinances it appears S. 9.60.030 pertaining to hypnotism is still in effect. As Chapter 9.60 was deleted, we request an ordinance be drafted to amend. Chapter 5.72 by adding the provision pertaining to Hypnotism. The ordinance, still in effect, reads as follows: "9.60.030 Hypnotism--Practice Prohibited. No person shall practice hypnotism within the city of Huntington Beach except psychologists licensed under Section 2903_of_th_e .Calfornia Business. -and Professions Code, and those - persons who would be permitted to practice hypnosis under Section 2908 of the California Business and Professions Code, subject, however, to the restrictions and limitations contained in said Section 2908." If I may be of any assistance or answer any questions please call me — 5260. Atta-chme.nts:_. _Ordinance_No.- 2116 -- Ordinance No. 2703 - _4_ A. 4: ORDINANCE 2116 AN ORDINANCE OF THE CITY OF HUI1TINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTIONS 9. 60 . 010 AND 9. 60 . 020 THEREOF AND ADDING SECTION 9. 60 . 030 THERETO, PERTAINING TO HYPNOTISM The City Council ,of the City of Huntington Beach does ordain as follows : .1 . SECTION 1 . The Huntington Beach Municipal Code is hereby amended by amending Sections 9. 60. 010 and 9. 60. 020 to read as follows : 9.60 . 010 Prohibited. No person shall carry on, practice - or profess to practice the business' or act of astrology, palm 1 istry, phrenology, 11,f e-readin-g, fortune-telling, cartomancy, clairvoyance, 3 clairauhence<�Crystal gazing, mediumship, spirit spirit voices, spirit photography., spirit wrij>15ng., prophecy, material- ization, etherealizati-o- n, augury, divination, magic necromancY3 charact-er reading,,,or fortune-telling by handwriting analysis , or othe'r similar business or act, and demand or receive direct or indirectly,, a�­fee ly 3 gift, donation or reward for the exercise or exhibition. Teaching unlawful. No person shall teach or - give instruction in astrology, pa-Imistry, phrenology, life- re fortune-t,elling,reading, cart,oKancy, clairvoyance, clair- audience, crystal gazing, m,�Sumsh'P3 spirit writing, materialization,spirit voices, spirit etherealization, pro- phecy, or other simi- 3 divina /' magic , necromancy,phecy, augury, /It 0 ""' lar business or nd demand ask or receive directly or act /a 3 ation or reward for such teaching indirectly, a gift ,, fee, don"' or instruction. SECTION 2 . The Huntington Beach Municipal Code is hereby amended by adding thereto Section 9 . 60 . 030 to read as follows : 9.60. 030 Hypnotism--Practice Prohibited . No person shall Practice hypnotism within the city of Huntington Beach except ,A psychologists licensed under Section 2903 of the California B usiness and Professions Code, and those persons who would be permitted to practice hypnosis under Section 2908 of the California Business and Professions Code, subject , however, to the restric- Z, dons and limitations contained in said Section 2908. i +t SECTION 3. This ordinance shall take effect thirty days after its adoption. The City Clerk shall certify to the passage of this ordinance and cause same to be published within fifteen days after adoption in the Huntington Beach News , a weekly news- paper of general circulation, printed and published in Huntington Beach, California. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a/5"Iaav meeting thereof held on the 6th day of October, 1976 . ATTEST: Mayor City Clerk APPROVED AS TO CONTENT: APPROVED AS TO FORM: C ' y Administrator Cit Attorney �4 APPROVED, INITIATING DEPARTMENT t.,. NO FISCAL IMPACT ze> FISCAL IMPACT -- BUDGETED - - ,, FISCAL IMPACT -- NOT BUDGETED - REQUIRES FINANCIAL IMPACT REDORT § i Y r ;, 2. ti 3 ORDINANCE NO. 2703 AN URGENCY ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY REPEALING SECTIONS 9 .60. 010 AND 9. 60.020 ; AND ADDING THERETO NEW CHAPTER 5 .72 ENTITLED, "FORTUNETELLING" The City Council of the City of Huntington does ordain as follows: SECTION 1. Sections 9. 60. 010 and 9. 60. 020 of the Huntington t , Beach Municipal Code are hereby repealed. SECTION 2. The Huntington Beach Municipal Code is hereby amended by adding thereto a new Chapter 5.72 entitled, 'Fortune- ' telling" to read as follows : 5,72 .010 Definition, "Fortunetelling, " as used in this chapter, shall include astrology, palmistry, phrenology, life- reading, fortunetelling, cartomancy, clairvoyance , clairaudience, crystal gazing, mediumship, spirit photography, spirit writing, spirit voices, spirit materialization, etherealization, prophecy, t augury, divination, magic, necromancy, fortunetelling by hand- writing analysis, or other similar business or act . 5.72. 02'0 Permit required. No person shall engage in, carry on, -practice, .or profess to practice the business or act of fortunetelling or other similar business or act , andfdemand or receive directly or indirectly any fee, gift , donation or reward therefor without a permit- issued pursuant to this chapter. 5.72. 030 Fees. The application, investigation, and permit fees shall be set by resolution of the city council. 5.72. 040 Application. (a) Any person, association, partnership, or corporation desiring to obtain a permit to operate, engage in, conduct or carry on any fortunetelling business shall make application to the chief of police, or his designated representative. Prior to submitting such applica- tion, a nonrefundable fee shall be paid to the city clerk to defray, in part , the cost of investigation and report required by this chapter. The city clerk shall issue a receipt showing that such application fee has been paid. The receipt , or a copy thereof, shall be supplied to the chief of police at the 3CS:ahb -)/29/84 5/4/84 1. copy thereof, shall be supplied to the chief of police at the time such application is submitted. (b) The application for permit does_ not authorize the engaging in, operation of, conduct of or carrying on of any fortunetelling business or act . 5.72. 050 Application contents. Each application for a fortunetelling business permit shall contain the following information: (a)- The full, true name- and - any other names used by the applicant . (b) The present address and telephone number of the appli- cant. (c) The previous addresses of applicant, if any, for a period of five (5) years immediately prior to the date of the application and the dates of residence at each. (d) The applicant ' s height, weight , color of eyes and hair, and date and place of birth. (e) Two photographs of the applicant at least 2" X 2" taken within the last six months. (f) Business, occupation or employment history of the appli- cant for the five (5) years immediately preceding the date of application. (g) The business license history of the applicant and whether such applicant, in previous operations in this or any other city, state, or territory under license, has had such license or permit for a fortunetelling business or similar type of business revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation. (h) All convictions within the last five years of any crime involving dishonesty, fraud, deceit , or moral turpitude. (i) If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter, together with the place and date of incorporation, and the names and addresses of each of its current officers and directors, and each stockholder holding more than 5 percent of the stock in the corporation. If the appli- cant is a partnership, the applicant shall set forth the name, residence address and dates of birth of the partners, including 2. limited partners. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership filed with the county clerk. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. Such designated persons shall complete and sign all application forms required of an individual applicant under this chapter, but only one application fee shall be charged. (j ) Such other identification and information as the police department may reasonably require in order to discover the truth of the matters hereinbefore specified as required to be set forth in the application. (k) The chief of police may require the applicant to fur- nish fingerprints. 5.72. 060 Applicant to appear. The applicant , if an in- dividual, or designated responsible managing officer, if a part- nership or corporation, shall personally appear at the police department of the city of Huntington Beach and produce proof that a nonrefundable application fee , established by resolution of the city council, has been paid and shall present the appli- cation containing the aforementioned and described information. 5.72. 070 Application--Investigation and granting permit . The chief of police shall have thirty 30 days to investigate the application and the background of the applicant . Upon com- pletion of the investigation, the chief of police shall grant the permit if he finds that : (a) The required fee has been paid. (b) Application conforms in all respects to the provisions of -this- chapter. (c) The applicant has not knowingly made a material mis- representation in the application. (d) The applicant , if an individual, or any of the stock- holders of the corporation, any officers or directors, if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, has not within the last five years been convicted in a court of compe- tent jurisdiction of any crime involving dishonesty, fraud, de- ceit , or moral turpitude . (e) The building, structure, equipment , and location of 3. i such business, as proposed by applicant, would comply with all applicable laws, including but not limited to, health, zoning, fire and safety requirements and standards. 5. 72 .080 Permit--Refusal--Appeal . If the chief of police, following investigation of the applicant , deems that the appli- cant does not fulfill the requirements as set forth in this chapter, he shall notify the city administrator of such opinion and, within thirty (30) days of the date of application, pro- vide copies of the investigation report to the city administrator. The city administrator shall within ten (10) days, grant the - permit or deny the application and notify applicant by certified mail of such denial. Any applicant who is denied a permit by the city administrator may appeal such denial to the city council pursuant to provisions of this chapter. 5. 72. 090 Exceptions. (a) The provisions of this chapter shall not apply to any person solely by reason of the fact that he is engaged in the business of entertaining the public by demonstrations of mindreading, . mental telepathy, thought con- veyance, or the giving of horoscopic readings, at public places and in the presence of and within the hearing of other persons and at which no questions are answered, as part of such enter- tainment, except in a manner to permit all persons present at such public place to hear such answers, when not conducted in con- nection with the business of telling fortunes. Nothing in this section, however, shall be construed as exempting any person from the payment of the applicable license fee, if any, required to be paid by the licensing provisions of this title. (b) No person shall be required to pay any fee or take out any license for conducting or participating in any religious cere- mony or service when such person holds a certificate of ordi- nation as a minister, missionary, medium, healer, or clairvoyant from any bona fide church or religious association maintaining a church and holding regular services and having a creed or set of religious principles that is recognized by all churches of like faith; provided further, that the fees, gratuities, emoluments, and profits thereof shall be regularly accounted for and paid solely to or for the benefit of the church or religious associa- tion; provided further,. that the person holding a certificate of ordination from such bona fide church or religious association, as set forth in this section, shall, before practicing the pro- fession specified in this chapter, file with the tax collector a certified copy of his certificate of ordination with his name, age , and street address in this city where he intends to carry on the business. Such bona fide church or religious association, as defined in this section, may, however, pay to its ministers, missionaries , mediums , or workers a salary or compensation based on a percentage basis; provided that the agreement between the. 4, church and the minister, missionary, medium or worker is em- bodied in a resolution and transcribed in the minutes of such church or religious association. (c) No person shal be required to pay any fee or take out any license for carrying on the art of reading tea leaves in any bona fide, regularly established restaurant for the pur- post of amusement of the patrons of the restaurant , where no charge for such readings is made . 5.72. 100 Permit suspension and revocation. The city administrator may,--based on evidence that any of the provisions of this chapter have been violated, suspend or revoke a permit; provided that written notice by certified mail of such suspen- sion or revocation is furnished the permittee. 'The permittee, within ten (10) days after receipt of notice of suspension or revocation, may file an appeal with the city clerk to be taken to the city council. In the event an appeal is timely filed, the suspension or revocation shall not take effect until final decision has been rendered by the council. If the permittee fails to take an appeal within the ten-day filing period provided herein, suspension or revocation shall take effect immediately upon expiration of such filing period. Procedures for appeals shall be those set forth in sections 5. 70.130 through 5.70. 190 inclusive, SECTION 3. The city declares that this ordinance is necessary as an emergency measure for the immediate preserva- tion of the public peace, health, or safety in that the sub- ject matter has lately been held by the California Court of Appeal to be an area of speech protected by the First Amendment to the United States Constitution. SECTION 4. This ordinance shall take effect immediately after its passage. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 4th day of June, 1984. ATTEST: APPROVED AS TO FORM: City Clerk -� �/ ity ttorney 5. ORDINANCE 2116 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTIONS 9. 60 . 010 AND 9. 60 . 020 THEREOF AND ADDING SECTION 9. 60 . 030 THERETO, PERTAINING TO HYPNOTISM The City Council of the City of Huntington Beach does ordain as follows : •1. SECTION 1. The Huntington Beach Municipal Code is hereby amended by amending Sections 9 . 60 . 010 and 9. 60 . 020 to read as follows : 9. 60. 010 Prohibited. No person shall carry on, practice or profess to practice the business or act of astrology, palm- istry, phrenology, life-reading, fortune-telling, cartomancy, clairvoyance, clairaudience, crystal gazing, mediumship, spirit photography, spirit writing, spirit voices, spirit material- ization, etherealization, prophecy, augury, divination, magic, necromancy, character reading or fortune-telling by handwriting analysis, or other similar business or act, and demand or receive directly or indirectly, a fee, gift, donation or reward for the exercise or exhibition. 9. 60. 020 Teaching unlawful. No person shall teach or give instruction in astrology, palmistry, phrenology , life- reading, fortune-telling, cartomancy, clairvoyance, clair- audience, crystal gazing, mediumship, spirit writing, spirit voices, spirit materialization, etherealization, pro- phecy, augury, divination, magic , necromancy, or other simi- lar business or act and demand, ask or receive directly or indirectly, a gift , fee, donation or reward for such teaching or instruction. SECTION 2. The. Huntington Beach Municipal Code is hereby amended by adding thereto Section 9 . 60 . 030 to read as follows : 9.60. 030 Hypnotism--Practib e Prohibited. No person shall practice hypnotism within the city of Huntington Beach except psychologists licensed under Section 2903 of the California Business and Professions Code, and those persons who would be permitted to practice hypnosis under Section 2908 of the California Business and Professions Code, subject , however, to the restric- tions and limitations contained in said Section 2908. DPB: er Z. - • SECTION 3. This ordinance shall take effect thirty days after its adoption. The City Clerk shall certify to the passage of this ordinance and cause same to be published within fifteen days after adoption in the Huntington Beach News , a weekly news- paper of general circulation, printed and published in Huntington Beach, California. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a/A 'Iav meeting thereof held on the 6th day of October, 1976 . ATTEST: - Mayor®� City Clerk APPROVED AS TO CONTENT: APPROVED AS TO FORM: 00 C ' y Administrator Cit Attorney APPROVED, INITIATING DEPARTMENT NO FISCAL IMPACT FISCAL IMPACT -- BUDGETED - FISCAL IMPACT -- NOT BUDGETED REQUIRES FINANCIAL IMPACT REDORT�. 2. Ord. No. 2116 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) as: CITY OF HUNTINGTON BEACH ) - I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 20th day of September 19 76 , and was again read to said City Council at a regular adjourned meeting thereof held on the 6th- day of October 19 76 and_ was passed and adopted by the affirmative vote of more than a _majority of all the members of said City Council-. AYES: Councilmen: Bartlett, Coen, Gibbs, Siebert, Shenkman , Wieder NOES: Councilmen: None ABSENT: Councilmen: Pattinson 1� City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California 1,Alip-ia M. Wontarth CITY CLERK of the City of Ftyntingtun Beach erd ex.o{ficio Clerk of the City Council, do hsrety ;h-t this crcinarce has been pu 7f-,ch Ness on t;r'.er —Ity. AL IA M. WEN7W TH r-- . ......_... ...............Ci. Clerk i Oapuf� C ty Clark 'low, 9.52.010-9.60.030 Chapter 9.52 (477-11/43, 2519-12/81) DAMAGING CITY PROPERTY Section: 9.52.010 Violation--Misdemeanor. 9.52.010 Violation--Misdemeanor. Every person who willfully writes upon, paints upon or draws upon, defaces, cuts, displaces, disfigures, removes, or mutilates any building, street, sidewalk, street light, traffic signal , street tree, waste container, fence, block wall , bench, chair, table or other property belonging to this city is guilty of a MISDEMEANOR. (477-11/43, 2519-12/81) Chapter 9.54 (1935-11/74) SLEEPING IN VEHICLES Section: 9.54.010 Unlawful during certain hours. 9.54.010 Unlawful during certain hours. It is unlawful for any person to sleep in any vehicle parked in any public place in the city between the hours of 9 p.m. of one day and 9 a.m. of the next day. (1935 - 11/74) Chapter 9.60 (2116-11/76 HYPNOTISM Section: 9.60.030 Hypnotism--Practice Prohibited. 9.60.030 Hypnotism--Practice Prohibited. No person shall practice hypnotism within the city of Huntington Beach except psychologists licensed under Section 2903 of the California Business and Professions Code, and those persons who would be permitted to practice hypnosis under Section 2908 of the California Business and Professions Code, subject, however, to the restrictions and limitations contained in said Section 2908. (2116-11/76) 10/90 i %L CITY OF HUNTINGTON BEACH CA 76-143 COUNCIL - ADMINISTRATOR COMMUNICATION �� HUNTINGTON BEACH lg i mej To Honorable Mayor and From Floyd G. Belsito , (,at City Council Members- City Administrator Subject ORDINANCE NO. a1/4 - -HYPNOTISM Date September 15 , 1976 Attached is Ordinance No., I//& amending Sections 9. 60 . 010 and 9. 60. 020 and - adding Section 9. 60. 030 pertaining to hypnotism. I have also attached a letter received by Mayor Wieder from Franklin M. McCann. Dr. McCann is attempting to establish a practice in Huntington Beach on Beach Boulevard and would like to be- able :.to use hypnotism in his work. At the present time, the Ordinance Code prohibits such methods . He proposes using hypnotism solely for avo- cational and vocational self- improvement purposes. RECOMMENDATION Adopt Ordinance No. ,?,//,66- ._allowing. psychologists licensed-.under-' Section 2903 of the California Business and Professions Code , and those per- sons who would be permitted to practice hypnosis under Section 2908 of the California Business and Professions Code, subject, however, to the restrictions and limitations contained in said Section 2908 , to practice hypnotism within the city of Huntington Beach. Respectfully szbmitted, a Floyd Belsito, City dministrator FGB:p Attachments e ITY OF HUNTINOTON BEACH . CITY COUNCIL OFFICE September 10 , 1976 The Honorable Harriett M. Wieder Mayor of Huntington Beach Civic Center 2000 Main Street Huntington Beach, CA 92648 Subject : Request for Business License to Practice Hypnotherapy in the City of Huntington Beach, California Dear Mayor Wieder : After discussing the subject matter with Cit�i Attor.ney ,Bonft and his deputy, Mr. Cohen, in their office 'on September. d8-, '1976; with ,you by telephone on September 9 ; and at your r,i!que.st'.With City Administrator Belsito, Councilwoman Gibbs and Councilman Coen, I respectfully request that the City Council grant me a business license to establish a hypnotherapy practice in the City of Huntington Beach, California. I am currently a resident of Huntington Beach, residing at. 40321 Drew. Circle, Huntington Beach, California 92646 ; The .pro" posed location for establishing my practice is : Beach Medical Villa 17522 Beach Blvd. Huntington Beach, Ca. 92648 The senior partner, Dr. Siegfred Surber, M. D. , with the other partners and occupants of the building, held a meeting in July and unanimously. voted to permit me to lease office space in the building. At present , the Huntington Beach . City Ordinance Chapter 9.,60 , "Fortune-TellinEll under Section '9 .60. 010 , prohibits the use of HYPNOSIS in "any form as,.a _part of a business . It is questionable whether this ordinance can lawfully be enforced because of the following : 1. Opinion No. 17-24 - April 14 , 1971. Subject : PRACTICE OF HYPNOTISM; attorney General Evelle J. Younger concluded that , "The Practice ,of hypnotism is not prohibited by state law un- 4less such practice constitutes the unauthorized practice of medicine or psychology. ". w� The Honorable Harriett M. . Wieder Page 2 .2. Chapter 6.6 of the Business and Professions Code Relating to Psychologists under Article 1. General Provisions , Section 2908 states, "Nothing in this chapter shall be construed. to prevent . , . persons utilizing hypnotic techniques by referral 'from persons licensed. to 'practice medicine, den- tistry or psychology or persons utilizing hypnotic techniques which offer avocational or vocational self-improvement . . . " 3. The Dictionary of Occupational Titles, U. S . Depart- ment of Labor and California DOT #079-208 clearly defines the occupation. of a Hypnotherapist as fol- lows : "Assist the client in increasing motivation and alter behavior pattern through hypnosis . Consults with client to determine nature of problem. Prepares client to enter hypnotic state by exp.laining 'how hypnosis works and what client will experience. Tests subjects to determine degrees of physical and emotion- al suggestibility. Induces hypnotic state in client to achieve desired result , using indi- vidualized methods and techniques of hypnosis based on interpretation of test results and analysis of client 's problem. May train client in self-hypnosis conditioning. " In lieu of the above provisions and in concordance with sugges- tions by City Attorney Bonfa . and until the State of California establishes standards, codes and licenses for Hypnother^apists., I propose to conduct my practice as follows : 1 . Hypnosis per se will be utilized solely for the purpose of "avocational and vocational self-improvement"which will include but not necessarily be limited to the- following: # Assist in police and criminal investigation The teaching of self-hypnosis Improvement of memory, retention, concentra- . tion and recall Testing and altering suggestibility Assisting the client to relax, set goals , and make. decisions The Honorable Harriett M. Wieder Page 3 Assist in the recovery of covert know- ledge and forgotten events Assist in exploring capabilities and potentialities of the client Improve public speaking abilities Improve athletic, musical , artistic , and vocational skills * Improve sales skills 2. The practice of hypnotherapy will be utilized solely on the basis of referrals of licensed physicians, psychologists, psychiatrists, and dentists according to the provisions in Chapter 6.6 of the Business and Professional Code. Problems considered to be medical or psychological in nature such as weight reduction, allergies, pain alleviation, psychosomatic symptoms, behavior, feeling, attitude and moti- vation modification, fears, phobias, smoking, aleohol, .and drug, along with personality and social maladjustments, will be treated utilizing hypnotherapeutic techniques on a referral basis only. I have already conferred with Dr. Surber, who is a licensed general practitioner in the same building in which I propose to conduct my practice, and to Dr. Bruce Wallenstein, a licensed clinical psychologist with offices at 16168 Beach Blvd. , Hunting- ton Beach, and 11100 Warner Avenue, Fountain Valley, concerning my proposed hypnotherapy practice, and both have agreed to work with me on a referral basis within the ethical code and laws governing their respective professions. I feel that my education and experience more than qualify me to conduct the proposed practice in a professional and ethical , manner. My qualifications and background include: + Holder of B. S. , M.B.A. , and PH.D degrees from fully accredited universities. My terminal degree is in Human Behavior. I am qualified and have applied for admission into the American Psychological Association. The Honorable Harriett M. Wieder Page 4 + My Dissertation entitled "An Experimental Study of Transactional Analysis As A Vehicle of Or- ganizational Development" was accepted by United States International University in 1975. I had the honor of delivering two papers at the Academy . of Management ' s 36th Annual Meeting in August of 1976, both based on the research of the disserta- tion. + I am associated with the following institutions of higher education. as an adjunct faculty member: 1. California State University Long Beach, Ca. 2. California State University Fullerton, Ca. 3 . Pepperdine University 4 . Chapman College 5. Saddleback College 6. Golden West College 7 . Orange Coast College + I am, currently a post-Doctoral Scholar at U. . C. L. A. engaged in behavioral research. + Have successfully passed a rigid written, oral, and practical examination conducted by the Hypnotists 'Examining Council (HEC) with which I am registered as a Professional Hypnotistq in the state of California.. + I am currently a member of the following professional and academic organizations: * Phi Kappa Phi American Hypnosis Association # American Guild of Hypnotherapists Hypnotists Examining Council Academy of Management 1 , The Honorable Harriett M. Wieder Page 5 # American Marketing Association #' International Transactional Analysis Association, +. Applications'-for admission have been submitted to the American' Society of Clinical and Experimental Hypnotists and American Psychological" Association. In addition, I would freely submit to a police investigation of my background as a prerequisite for obtaining a business license to practice in Huntington Beach. This is always a requirement for obtaining a professional license in the State of California. I submitted to this type of investigation in: order to acquire my California Teaching Credential. In the past few ye.arslzmany cities in California, and specifically Orange,- County, have: revised their "Witch Hunting" city ordinances to delete the word ,.!'Hypnotism" . Some of these cities include: Garden Grove Anaheim Westminster Fremont Santa Ana San Jose .. Palo Alto Palos Verdes Estates Glendale Pasadena Artesia - County of Orange Some of the Cities require a police investigation on the applicant . Some cities require that the applicant be a member of the HEC, which is the only organization which has been established to examine and register hypnotists. We anticipate that licensing of hypnotists in the State will. be forthcoming within the next 12-18 months . In the meantime, it is felt that control of hypnotherapy isadequately provided by the State .agencies including the Department . o,f Consumer Affairs. The Report of the. Assembly Interim Committee on Public Health, known also as the Rumford Report , Vol. 9, No. 26,1 Page 61, stated : f The Honorable Harriett M. Wieder Page 6 "The Committee finds that in view of the provisions of Section 2141 of the Business & Professions Code, that there are adequate protections against the im- ' proper use of hypnosis by those who are not licenti- ates in the healing arts and , therefore, legislation is not required in this area. " The City of Palos Verdes Estates has .,removed the word "Hypnotism" from ,their city ordinance. They felt that adequate state laws exist to protect the members of their community. The Chief of Police stated for.,the record that he .had experienced no problems connected with hypnotists or hypnotism in his 22 years in that office.' I wish to thank you in advance for taking your time to consider my request , and for presenting this information to the City Council . Mr. Reg Sheldrich, Secretary of HEC, and I would welcome the oppor- tunity to appear before the City Council to answer any questions the Council membersmay. have in regard to my specific request and possible ordinance amendment. Respectfully, 7, Franklin M. McCann, Ph. Do. 9 , ORDINANCE cP-//& AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTIONS 9. 60 . 010 AND 9. 60 . 020 THEREOF AND ADDING SECTION 9. 60 . 030 THERETO, PERTAINING TO HYPNOTISM The City Council of the City of Huntington Beach does ordain as follows : 1. SECTION 1. The Huntington Beach Municipal Code is hereby amended by amending Sections 9 . 60 . 010 and 9 . 60 . 020 to read as follows : 9. 60 . 010 Prohibited. No person shall carry- on, practice or profess to practice the business or act of astrology, palm- istry, phrenology, life-reading, fortune-telling, cartomancy., clairvoyance, clairaudience, crystal gazing, 1iypiqe44:e-f_RTmedium- ship, spirit photography, spirit writing, . spirit voices, spirit materialization, etherealization, prophecy, augury, divination, magic, necromancy, character reading or fortune-telling by handwriting analysis, or other similar business or act, and demand or receive directly or indirectly., a fee, gift, donation or reward for the exercise. or exhibition. 9. 60. 020 Teaching unlawful . No person shall teach .or give instruction in astrology, palmistry, phrenology, life- reading, fortune-telling, cartomancy, clairvoyance, clair- audience, crystal gazing, hypiie4�efaTmediumship, spirit writing, spirit voices, spirit materialization, etherealization , pro-, phecy, augury,, divination, magic, necromancy, or other simi- lar business or act and demand, ask or receive directly or indirectly, a gift , fee, donation or reward for such teaching or instruction. SECTION 2. The Huntington Beach Municipal Code is hereby amended by adding thereto 'Section 9 . 60 . 030 to read as follows : 9, 60.,030 Hypnotism--Practice Prohibited. No person shaZZ practice hypnotism within the city of Huntington Beach except psychoZogists Zicensed under Section 2903 of the California Business and Professions. Code, and those persons who wouZd be permitted to practice hypnosis under Section 2908 of the California Business and Professions Code, subject, however, to the restric- tions and Zimitations contained in said Section 2908. DPB: er 1. SECTION 3. This ordinance shall take effect thirty days after its adoption. The City Clerk shall certify to the passage of this ordinance and cause same to be published within fifteen days after adoption in the Huntington Beach News, a weekly news- paper of general circulation, printed and published in Huntington Beach, California. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 6th day of October, 1976. ATTEST: Mayor City Clerk APPROVED AS TO CONTENT: APPROVED AS TO FORM: ,/1 ,, Ci Administrator City Attorne APPROVED, INITIATING DEPARTMENT NO FISCAL IMPACT FISCAL IMPACT -- E311,11IDGETED FISCAL IMPACT -- NOT BUDGETED REQUIRES FINANCIAL IMPACT REaORT e 2. r l Page #10 - Council Minutes 9/20/76 ORD. NO.. 2114 - ADOPTED - PLANNING PROCEDURES "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY 'AMENDING SECTION 9802, ADOPTING BY REFERENCE CHAPTERS 3 AND 4 OF TITLE 7 OF THE CALIFORNIA GOVERNMENT CODE." ORDINANCE 2112 DEFERRED - .PREZONING - , THE BOLSA CHICA (ZONE CASE NO. 76-20) The City Clerk presented Ordinance No_2112, for a second reading by title - "AN ORDINANCE'OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF. TO PROVIDE FOR PREZONING ON REAL PROPERTY LOCATED IN UNINCORPORATED PROPERTY REFERRED TO AS THE BOLSA CHICA "(ZONE CASE No. 76-20)." Councilman Siebert presented .questions relative to prezoning of the Bolsa Chica and requested clarification. On .motion by Shenkman, second Siebert, .Ordinance No. 2112 was deferred for further clarification by staff. Motion carried unanimously ORDINANCES .- FIRST READING on motion by Pattinson, second .Gibbs, Council .directed the .Clerk to read Ordinance No. 2116 by .title; and waived further reading of same by the following .roll call vote:. AYES: Bartlett, Pattinson, Coen, Gibbs, Siebert, Shenkman, Wieder NOES: None ABSENT: None . ORDINANCE 211 - FIRST.READING - ,AMENDS CODE -. HYPNOTISM f "AN ORDINANCE OF THE CITY OF HUNTINGTON.-,BEACH AMENDING THE HUNTINGTON BE ACH. MUNICIPAL CODE BY AMENDING. SECTIONS 9.60.010 AND 9.60.020 THEREOF AND. ADDING SECTION 9.60.030 THERETO, PERTAINING TO HYPNOTISM,!". CHARTER REVISION COMMITTEE -. TOM LIVENGOOD . APPOINTED The City Clerk presented the request of Mayor. Wieder for the appointment of Tom Li'vengood (Home Council) to the Charter Revision.Committe epla 61en Frazier. On motion by Bartlett, second Gibbs,' Council approved the appointment of Tom Livengood to the Charter Revision Committee. ..Motion carried. CITY COUNCIL RETREAT - SEACLIFF COUNTRY CLUB Mayor Wieder presented the plans for the City Council and Department Head Retreat for Friday, October 29, 1976 from 9:00 A.M. - 10:00 P.M. at the Seacliff 'Country Club. Councilman Coen stated he would be unable to attend. . On motion by Bartlett, second Shenkman, Council approved the plans for .the City Council and Department Head Retreat for Friday, October 299 1976. Motion carried. SPECIAL EVENTS COMMITTEE TO BE FORMED: Discussion was held concerning the Fourth of July.. Parade and the need for a committee to study all aspects before a. decision can be,uiade. On motion by. Pattinson, second Bartlett, Council approved the formation of. A Special `('Events Committee, with,members being appointed by. Mayor Wieder: Motion carried. Page #13 - Council Minutes �/76 Following discussion on the matter, a motion was made by Siebert, second Shenkman, to table Resolution No. 4339 until later in the meet"ing. Motion carried by the following roll call vote: ' AYES: Bartlett, Coen, Gibbs, Siebert, Shenkman, Wieder NOES: None ABSENT: Pattinson On motion by Siebert, second Gibbs, Council removed Resolution No.. 4339 from the table. Motion carried unanimously. Further discussion was held between Council and Staff. On motion by Siebert, .second Bartlett, Council referred Resolution No. 4339 to staff for further study. Motion carried by the following roll call vote: AYES: Bartlett, Coen, Gibbs, Siebert, Shenkman, Wieder, NOES: None ABSENT: Pattinson ORDINANCES ADOPTED On motion by Gibbs, second Bartlett, Council directed the Clerk to give Ordinance Nos. 2115 and 2116 a second reading by title; waived further reading and adopted same by , the following "roll call vote: AYES: Bartlett, Coen, Gibbs, Siebert, Shenkman",Wieder NOES: None ABSENT: Pattinson ORD. NO. 2115 - ADOPTED -' AMENDS CODE - OVERSIZED VEHICLE PARKING REGULATIONS "AN ORDINANCE OF THE. CITY OF HUNTINGTON BEACH AMENDING THE. HUNTINGTON BEACH ORDINANCE CODE EY AMENDING SECTIONS 9106.5 THEREOF AND ADDING SECTIONS 9700.3.7. AND 9700.15.1 THERETO, AND AMENDING THE HUNTINGTO14 BEACH .MUNICIPAL CODE BY AMENDING SECTION 10.44.060 THEREOF AND ADDING SECTION 10.04.135 THERETO, ALL PERTAINING TO OVERSIZED VEH-,,,T,E PAR::i.NG REGULATIONS." /ORD. P;G. 2116 AOOPTLA - AREADS MUNICIPAL CODE:. HYPNOTISM " "AN ORDINANCE. Or HE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMEYDI1,,G SECTIONS 9.60.010 AND 9.60.020 THEREOF AND ADDING SECTION 0.60.630 THERETO, PERTAIiJ rNG TQ HYPNOTISM.'.' ORDINANCES - FIRST READING At the request of Mayor Wied4er, and Councilman Siebert, Ordinances No. 2117 and 2124 were removed from the consent calendar" for separate consideration.. On motion by Bartlett, -t< con4l 'libbs,. Council directed the Clerk to read Ordinances No. 2123, 2121, and 2122 by title nil waived further reading of same by the following roll call vote: AYES: Bartlett, Coen, Gibbs, Siebert, Shenkman, Wieder N^ES: Nome ABSENT: Pattinson ORDINANCE 2116 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH . .AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTIONS 9. 60 .010 AND 9. 60 . 020 THEREOF AND ADDING SECTION 9. 60. 030 THERETO, PERTAINING TO HYPNOTISM The City Council of the City of Huntington Beach does ordain as follows : 1, SECTION 1 . The Huntington Beach Municipal Code is hereby amended by amending Sections 9 . 60.010 and 9. 60 . 020 to read as follows : 9. 60. 010 Prohibited. No' person . shall carry on, practice or profess to practice. the business or act of astrology, palm- istry, phrenblogy, . life-reading, fortune-telling, cartomancy, clairvoyance, clairaudience, crystal gazing, mediumship, spirit photography, spirit writing, spirit voices, spirit material- ization, etherealization, prophecy, augury, , divination, ma , necromancy, character reading or fortune-telling by handwriting analysis , or other similar business or act, and demand or receive directly or indirectly, a fee, gift, donation or reward for the exercise or exhibition. 9 . 60. 020 Teaching unlawful . No person shall teach or give instruction in astrology, .palmistry, phrenology, life- reading, fortune-telling, cartomancy, clairvoyance, clair- audience, crystal gazing, mediumship, spirit writing, spirit voices, spirit materialization, etherealization, pro- phecy, augury, divination, magic , necromancy, or other simi- lar business or act and, demand, ask or receive directly or indirectly, a gift , fee, donation or reward for such teaching or instruction. SECTION 2. The Huntington Beach Municipal Code is hereby amended by adding thereto Section 9 . 60 . 030 to read as follows : 9. 60. 030 Hypnotism--Praeti-ce Prohib"iced . No person shall practice hypnotism within the city of Huntington Beach except psychologists licensed under Section 2903 of the California Business and Professions Code, and those persons who would be permitted to practice hypnosis under Section .2908 of the California Business and Professions Code, subject , however, to the restric- tions and limitations contained in said Section 2908. DPB; er 1 . SECTION 3. This ordinance shall take effect thirty days after its adoption. The City Clerk shall certify to the, passage of this ordinance and cause same to be published within fifteen days after adoption in the Huntington Beach News, a weekly news- paper of general circulation, printed and published in Huntington Beach, . California. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a/2` iald meeting thereof held on the 6th day of October, 1976. ATTEST: Mayor City Clerk APPROVED AS TO CONTENT: APPROVED AS TO FORM: �t G ° y Administrator Cit Attorney APPROVED INITIATING DEPARTMENT NO FISCAL IMPACT FISCAL IMPACT -- B! DGETEF) - FISCAL IMPACT -- NOT BUDGETED REQUIRES FINANCIAL IMPACT RE°ORT-. 2. :d. No. 2116 STATE .OF CALIFORNIA ) COUNTY OF ORANGE CITY OF HUNTINGTON BEACH ) . I, ALICIA M. WENTWORTH, the duly elected; qualified City Clerk of the City of Huntington Beach and ex-offi.cio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read.to said. Cit:y Council at a regular meeting thereof held on the 20th day of Jseptember 19 76 and was again read to said City Council at a regular adjourned meeting thereof held on the 6th day of October 19 76 and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Bartlett, Coen, GibbsiSiebert, Shenkman, Wieder g' NOES: Councilmen: None ABSENT: Councilmen: Pattinson City Clerk- and ex-officio Clerk of the City Council of the City of Huntington Beach, California I, Alipia M. Wentworth CITY CLERK of the City of Hyntington Beach and ex,oMel'o Clerk of the City Council, d:> h:re" Get, f i!1 t this ordinance has b@en nu' F�� '� � :�� c•,c� flmvs on .•:,, .. rur ey-T1 r d Sa.d ,.ity. TH AL .......... . e Cit Clerk �pu ty,Uerk , TITIT�:-iN'��;�"1,,:_�,,,,­­­­ ���� ;­ - 7 -I­ I,� , 5 �IP �M- T - �1 ,­ ­I-,,­��,��, ,i, I 3 I; ' �XI."- 1 yi i. ' V i,I � " W W, - � � �4x � 0 i II ,sn , , ,�,4�-,,-,.'-"",' 1,-',.,iI.,,,�"_ . , �� ,-; .--� ,­ '_. ­� I, I ,­I .� �­ � ­�- V �_­ ,,, - , , "I ,. % � �zz L,I'4 _ ...AA C. 54:i . ' ) ; , N -V" 1 , � ;�. 4 V �?­."- - .4"�.���-?, ;--�,,�, i� ;,�4.'i � ;.v�, 1.�� � �p ,-,�0e0 I�I ._ y , .� T O "�iI 'W,e A,1 t T,� F- 2 — 4 t1,� � .v *j - . : ,S !`p " ,.' - i. -� � ­ 1 iI � I� ; e_ 1 , <4, � ,...­ 1� �-r ` '.- �A� I,-;- 111 . 1.­ -, ,! a'. Li ­ -�7 � ' V�,1 - 1. ... 4�, - ,- -� ' "� , ,t, ., �:. , " ­ ,�. 0 I [.lower, . , -f.,41, ­t'" ".; - '. P -, ',, ,'t, � - ,111 OI 44", .1e i -� � I - % " The -i 136 Ox A �IIrs .�f ". 1 k,', I NeWton Wt, CA111ciiA # { " , " for Clinical jlclar,J o � . O t ,, 1i Hypnosis ,"mic I5O 478-0'347 ,- ), , I F ,j N "'t i{ ,: Director iN r,� ­Po sumer,,'Affairs ;Stag' - I ." �­" x , ­� . 7 S" i * l - -, � ,,' _T " 10 : � , I' ; "��I�1 ? I� Al0_4 ., -18toa wa " Rooi2�402 6 , �� ` _ _I "" ,,��QwNq�5� "• �"- ­ ���� �­ �d ;z,_ Vr P MS,-�_�- k-ym, 1 A,,t ,l� � ,, n i S 4 12 ;� ­, - -, ,�6 Y_�, ­­-""� �j ,� N,� T,4- �kl , -� 4 �- ,4 AWf � ­Z., , i " � j*.,T0N ,g, ,,,T, I ,I,% f, n ,, A i_ _" ' � �, � ',,4 � r ""- ,"Ir - i -qar ft?",fADIDS ,, t � iA , ,;W,T.N 1 - ... i� T ,� : , .�� � e - ' - A ?"p, '. Y,� t- , 4­V _ ' a q IntroductionI ,Am &, 2cens ps, , i_ experience in hypnothezapy,i, 4 Fe16W Dcfi4" Amjj P X ,IP`, W sociation :and theSociety y� Io , ;Iinicai and Ts s d I x - I - al W*ki,iPOII,AS thO Pcesideit of �tc�Ii4 :i 4� n �, ­� ,K,A ­- � .y�qdSi6-,represent;ng the�,,�ixC,i6dii�,, p nosgi; 00;3#ti"q I , ,Those Moto0exshig)c nsistS licensedof )hysicia 6 I C I :�yS,Jn�. f.r .1 ; - 4 1 44 W i r, , I".—hq"" 1%ql fiS4 1 ; ', ' � ­ )"i , ' � , -; ASS. - l 1.j P , ' 34 _341.s,1O1 W i . 0r ,Manyc'years, p 46 sSionals have ; een -wrier* I1`4 "- l: m whack totally iuntrained and:unqualified ,in(Ji�iiou, ii 6V ' 41 f , hemselves' int the pr cticeof, �reating . hP,,�Pubiic ,y U t , ,e�,r Vp, : ll,; 6f' hypposis which has been, '.t,o,date', UnroOuI#'t 4- * I V "11 " ,,the 4 . yeari Dr. M-tthew' Duncan ,has been,-,inV4st,gAxxnq A 44 , ; , "bf,.activities throughout" ­ he, state. efforts .have aP1en h ,I � � Caysuport�ed .b the 'Major rofessional h . no " societies- rt"o q C _ •­ ,g p. yp t� ' for clinical and ,Expekimen , the American ocj , * ' �r y `4 , Clinicai::'Hy osis. ; 1 Wi­ ; 1 4 p , " 4� - 11 �G ,"4I ,". „� ,; t"Ihw activities oi:-O ranKin M. McCann ,(alias James K0 ,14cC*hh)I,A classic -:example.:of ,the :way laymen have been �fu c ihoin4A UaS *(rei enclosed doci*ent )..,', The ,letter McCan 4­wrote ,t the` I unOift ' £a. 2each Mayor . dated September . 10, `,1976 �Js !:fil4d ? - - . eme t ',.t at are inaccurate or d ely)nisIeaa4g. ­ s nd. �_Su 4� In ,'­eluert,, investigation on by"Dr, Duncan has unearthed 'dccuxOtO6,�e�i 64j; ,�;,-4'�, ,'w, �iie , faisity of many of McCannIs statements,; I ,am- appAIlled `Ith IT k11 !� ,; ' ��o,..� re investigation ".carried out by the ,officials of the City Of H4rt A tortII" I ", $each, could have I . the` conclusions, c contained in.thq­xepo- z ' gF_, submitted_I, 1 , Itington B 1. ,�� I rexe ISpQcjIIC41 1X­4�-i�"4,i ­to, the report y ,28, 1977, .by Detective Ron'Pomeroy ��e ? J�`' `Y A concluded that McCann's ,information - is"basically ,accurat . `AQae J ­ , ' -. � ? � � w � "iV,4 �,,- _� , . - ,_ j ­ F " *�­Jm,e ,,, 'r'�2; S ­ 7 , . " � j,t � � i ems,{ _ � ; I 1 , n ,i) 4� �,.{! 4"�i�­r W11; 5 � i � f y ' I I . ,, q d !4 iA1 : � , k V , M � 7�P g� , , v� 3 , , - :- 11. !III1 _ -1-I -�I � I - -I. _ �' 1,�,t 1'-��� _;­`� !;�, � ,­j­"""I -_,­ -._�.f_.:f¢,�l �1-��� .­.,' k.!W 1I�....., I�- "- `. !..".." � T 8 ' i i ": � � � I fll 17 i i , ­��" ­, 4" .' f e ­,- ,. jA to - ­.1- 1- Ml rn&- I!' 5k All N d-1 -41 i V 3, V9, Pr 07 4.t4 Page, 2 -. Mr. .Robert Kholos ebruary 7� 1978 of the documents also leaves me with' the strong impression th 44 reasons unknown to me, McCann has, received favored cbngidera, 71 e of the major areas` of co uSJUOr, li�ch;�, SOO.-,14a TOO nf , 'e is .the''indiscrimihate. utilizAtliom and in �� ► c,t 'YpnoTist" and, 'Thypndtherapis,t,, professional status where none.'exlsts I' "aq., menu, 4'C whether :? cl ann s: 61 scuring5of_ terms i s,:'deliberate :br' nb'.t-' but u -aml,'quites �qe.,I- o� ficial asked- to mae"-wh were k AV 14'N .'the',crucial �§igpx, -1. -c-A understand'Tor comprehend' 4 distinctionThe. he. facts d0 $e, 10w Y M, 1 F1 IF S;ranteda 'license Ao, practice hypnosis when; -1 VM intended-'to- -,'-,,,, fully an revealed that he f esenting :do und'reds��b-�ilicense, �Drq es��;C- V - ,` �,as I h -`, St t e,,of ,California�;who,�Are An.terpst b C zens, 'I feel of,-utmo$,t Ymporxance t ro;your ,att ention, nov only because, WCA&i p tJ accuse0 - -d', f, practicing',psychb,l,00y:',Wlthb W this is 'representative of a-:,*idesokead �',�PrActxqw�,r .......... - _ -ornia,-.-to-'the othe:'r,''and,- has ',ve'ry:direct signif welfare of :,the :publ3.c,. This-year a number,- number of bi ls re ating to, -T, e, requ yp n6sis for;-a. variety ,' f purposes o wil - L l3 y :the-Legislature At that time wise couinsel::,Zvi ll', ion T-YOU4�v�: be -W-91 ` I hope 'th' 's, Information will S, any ;i on you may 4 information 6 t happy,�,.,,,.-tp Urhis you-with A 'present utilization ypnosisz�,:in CAA-i oxni to the fit'i util za ion of h ,5 -f'r S 'er t 5 :Plewto alif ornia., Society of bf, lin'tbal JRvpnos3Ls--,-. ,,-:t- 'rY 7t' B /SS t5l Howa rd L Borman - A§' an s6mblyi 4-3 r d District,,-,,,�,'FieA W'.`�',`Che Assemblyman-56th ,bj ric W4 Mangers,'¢ Dennis ' Assemblyma n 73rd 'D i� 41 -114 SK �a [LIM sit 0 C, fft t�I mal 10 4, IF� � F F it i.011.0 Kr R, its, L. 0 Its& till fetw1h ask. frill- tit 9 Sir fill CP qtj it a7T7 �x �A a a�t N o g .• 83 dye a��{ �s oe A �. g O � i► T 6!I T , A s A F 7° � Igul - * gff tit _ FF �� . � le n r- . Ila it, I I t -- t �n !qmt fee la� �A F U To t . l F s fd• 117 car .a .� F � �:.. •_ �� Es � _ &$ _. 1�.� a R" - Sri - 4 ITT New Wtuversit UNIVERSITY OF CALIFORNIA, IRVINE November 4, 1977NQ1.1O/No.12 t;ouncil an hints innvestigation,i(,,, Huntington Beach police report called inadequate, superficial by ffidwwd X Huntington Beach Police Chief Earl Robitat"Be said the police save cc was not to determine Ape a' UCI . if MCCim nvy criminal as, but to Elvative James McCann y tbe.credibility of i&C a 's license 4VU- kam crimWd "vkim was labeled anion. aaaod wamlkW by a H=dvowRobitaille said the department concluded Councilman Wedimday. McCann met the qualificadons he submitted: ; Richard Siebert said the Hun- Siebert that the police doglon�' Bergh police' faibd to awwar department had neither the information nor the tt City Coe nwo. of possible mu- qualifications to deteratine if McCann was is mp�m In cC.ean's s license of staate lave. "After tatting with the Chief, I understand all Cann,Eateasioos program director for Indus- the police did was ask McCann if the quaclifica- mr ,�sineaas and t, oaidad not witty tiocts he presented were erect,,, said Siebert T tsoeday in the Walt ore o�e ty Mu�rucr�pal "McCann told them they were and then he prey- Court, to charge of practicing psyc holM with- anted the police with pay check stubs as verifica- � out a license. don of previous employment and that ended it. The inve dgedott, McCann udataains �Y did no ciuts pa�ia M deem him of any wrong doing at the Oraup Siebert first asked the city to investipte Coast Hypnosis Civur he founded in Huntington McCann's applicaatwo at a council Duty. Beach. IS. At that time City Aftinistratcr I Mato ' Two weeks ago,the Medical Quality bard filed was director to substantiate the validity of a hint agWnst McCann.charging him� with. McCann's applicaadion lcito said.an lave Y ypn y H two was already underwa within the state aattd !, Center. that the matter been rectaaEi to the chief of Ad Fred Heckl, senior investigator for the Medical Mice. PLA ATE- City Coamcitmam Richard Board, said hypnotherapy can only be practiced In Stptentl�r 1976, Belcito mended to Siebertcleimsthae by a lic nsa9d ph stpaas or a licensed the City Council that licensed.psyeholosists be is p ae depatrms sup in into James McCann, he sand, wags neither. (can't on a0•31 t*�CCertn s hypnosis practrca was'superficial. 1c anG medical omse to practice h�ra- a�vyed 0 hyp=ms in H �`.., AS as tld state lon*44 ftw to dn's SMUMVM !Oqw".a Hcome, we will Mquire a h vvas not Ma wed in the to aslcad the;cauAcil to chanp BOaitt mould not Comment On the oaslisaaaroe.so Mc� 4ould ha�s+a a C&t**% ` u rite "vocational and hyp !ds ' that stetiz frraa t in dio t _.. ttt fit hie ad tier ate„ 611i eriis, -W-== It ". �. r " au+a aaa ; srq I l't It r,"-hs Ilia tl , cry. 't E nod CJCiy ante cl��al lRw4_ f,I and hu-not U R+ICCt�t • t0 P vim,cad - ', ems"dW McCim h h,;. 'was"' uat W gyp a d-it�►a alat t W doe •) s job to ,. hrange.Coasst�y a s ' Ilis_ 1 +e es�irsrd�'taes when they granted him the licet�e.phW may, tiara a�t1a<Cesntcr t r tieing hypnotism or h , he 13. He said he has-not scan a costumer said. NIcC.ann.did n� too any since ofid4moteff6er. " state mquirensents, anyway. MCC,a m have a pro-trial hearing "The state. as yet, does not require a hoc. 9. . �. flit(®� AM - � fg 0 ` .. Mom opow mist� a S* x -184 ow .o. Ir ir Kom cr �- L [Zo 'a? it",}, sf i�j "}� i- ke'2.t&. is- 'eS -`a- ? i Q i'3'3 it•; Mri ax E - d -" r 'z ��,�� , un n��each man sac � � e, r Ue4§ I� L'tIC3T� .5�'GOQY mCiYt3r? l01011 raM. 2 wltl eut a 4 tense, Chas begin ar of �i t� �r �� a hyp'n s 4 Al Ta RcCanxl �f f�32��� 5 < �xvrTeFI � eah, IT a�fnst � A16,6r,dino=ttn�aAt� _. NIekJAInl etrg ¢ I y bs her -f'-t tltes`�ra�ge ` oas � ttis �sf�e�x, vhic was , pail several inonI�sgo]octet t 1752� ach$owart p' 7 � sarR tte ieina s� } nve ��€ ; Ni Ca n w.as;ch r 6d"' ` e pasuig a ;the � st5 `hY s ftq treat his cCfent's pro"tai r "I e ,33' saying }Il€' w04- t hy�no therapYst,,,��t s a� �� flee kl "Anyotie�e�n�u�e .�ios�s� buts wie ray rt t grog A, ` pie s minds ghat; a whole other thing ,� a y McCan ; alsf dtrec ©r Hof fr`vme's middles rnahag hiiertt rpro grams w�or Holds � dQCtora� �ri� z ecoh©mics4�rut no-metlieal degree, " skid fie hard dose -shoplast dune: "This:is really.a greyarea,"�Ize said "Ttte are lust playing aroiMd with defittions,off words and there pis no lacv:=that ele�trly d�f�nes �Tis field Mc�ann said jhe used hypnosis , on his clients as a farm�#'rest and relaxation-an"d .�ernt�self Mtn `' rprovement�tIe saidJt�a� he te�Ily� , is;a vtetin of a'th�rd partyd�hat - '. seems to Have a "vendetta"Qua for Last year the'coun�il-`'a�nen�ed a eity."ordtnance that otttlt�ecte use of hypnosis N n; pny; .�af'{n�a� freedprn to°open fus bu mess, , 7-; eCt 'rJYz three motttha ago`byLuntington Beach Oi, lle aq( Ir4d to tri kt a e tf -Rs d .. '7`�lE iLay�i� Sg���`a�gllfaa�$It �GaS " ,heard,in:� �st z��n�e.� ic�palr. 4:; orc��red tcpnttnile� lmt�% ecem`her-� �6 0"m-r—IS gyp/ 4 "`F � - r- - '��t � p?.s �.-r-.err' rr��` v ���� � sd c } �; tm � c ^.5.�� ` W-MR � DAILY}�1t0?' ti 71t. v 'fi 'e - '�' i xs. 4 s - g aY r< 3� d' a _ - �`,' i h. 4 f ` e %3 h, i { .�y t C 'f-- J x-*Y'R-u.. t } -r-.,y -°`' k fir. f"I'd t, t-€F }-... } ''?F �'3�-'�..k. y.«i : �. t 'to. k„f'�+A :� - r rer - a (� x Ell sr st h1` s � - rs � ac k- .-"X` ",k^ v �1' yt ! p sC. s. .--k.; `3 S'v. i 4 :. The cured#prof UC Irvine s E Board BfMedical -duality As a eta rcaance t�cutlawec �eGii�3YE" �gTalYl, tiin� annual SllranCe' s1 �' ` ' the fuse of b�Zgnoi§nn anyoi•m of seminar for'business leaders, State Senior`Sgecial In T busiiessheoixii�il°abignded has been xacr�ised by the state vestigs mTrOhnk eckl charged the „ordinance and t allowed °medical b�iad wPith�practnci _ w gr that McCannlle �l �po�edasa McCanntbmpeiithep'raetiee� psychologyvi�ithout a license at a therapist usxng� nods to treat Heckl sal$ that lie Lvas asked : H$untingtdn Beach° ipaosiss;cllents p� oz�a�Ijplies ; by Ilant�ngtquBeach "Police" center Heckl said�l4lcrCann Ys niot Cfiiegf Earl Robtaille to na .;Jami's K McCann, of�40321 a�thorzedbyanysate agency tso vesttgate Mcann threemanths,_ Drew Circle, unting,p Beach, practice by nothera y ago t r s is sefieduled for arraignment iyic inn, apse director of UPI R obitaiIle wad unazrailab a yor \` Tuesday ort five counts o€ the middle management programs comment, but Police Lt 11lert misdemeanor' violation of the and`,lir�ectof g�1CI�Extnsionhnehhn�aidanude3bt `eln state Business and Professions programsp�isines, oe €orixiant oeriiarr � t +code He is to appear in est meat ;Rae"' I—— s ,hypn+attsfpractfee Oral Winty Judicial E' s ct Niunici oust in'CVestminster comento the ciarges ancit'requested bn investigation MCCarin mVT ho holds a docturd a kIe laid be elosee ltis iygnosis `praet�ceearlytiiiith in- -economics but medical it�Op**' t ec# a icense to E; xtegree.�vas not arrested He was practice hpngtscnn Hunt orderer by4 letter to agile r for ington 8eacHU NeVei fiber i �,ei�Se According to the complaint, <aUovued cE Ito tisebypiiosis �1'IeCann is accused of raeticin X`� F P g in self unpoveihei�t htraimig hypnaslS therapy atthe Orange,, .such as metiory betterment and Coast '*Hypnosis Center, 17522 relasa"lion techniques;but riot to Beach Blvd treat,psyehological problems, as The compla n t tivas`filed b the ' he alleges 1VIeCanri did :county Degartment:of Con`sutner Before gc;antmg Mc"Cann's Affairs,. on :behalf 1! the state license;"the council';Nadito,amend