Summary of State Laws Regarding Hypnosis

2006 September 30 | Last Modified: 2008 February 23 | Legislative Alerts

The majority of the United States exert little or no direct regulation over the practice of Hypnosis or Hypnotherapy, although other laws generally affecting the operation of any business will usually apply (e.g. truth in advertising, unfair business practices, etc.).

Colorado, Connecticut, Indiana, and Washington are the only states that require mandatory licensure or registration.

California, Florida, Hawaii, Illinois, New Jersey, and Utah do not have mandatory registration, but do lay out specific regulations for the practice of hypnotism and guidelines for licensure exemption.

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• SECTION I - Lists and analyze the United States that may have mandatory licensing/registration requirements.
  States: Colorado, Connecticut, Indiana, Washington
• SECTION II - Lists the United States that maintain explicit guidelines for licensure exemption.
  States: California, Florida, Hawaii, Illinois, New Jersey, Utah
• SECTION III - Lists the United States that do not regulate the practice of hypnosis.
  States: Alabama, Alaska, Arizona, Arkansas, Colorado, Delaware, District of Columbia, Georgia, Idaho, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Vermont, Virginia, West Virginia, Wisconsin, Wyoming

I. UNITED STATES WITH MANDATORY REGISTRATION

The following United States have explicit regulations regarding hypnosis and/or hypnotherapy:

Colorado

In order to practice hypnotherapy in Colorado, you either need to be licensed, or be listed in the Unlicensed Psychotherapists Database. To apply for listing in the database, go to http://www.dora.state.co.us/registrations/, and fill out the following information...

• The application for database listing
• The affidavit of eligibility
• Documentation of any name changes
• Documentation of highest educational degree completed
• A complete mandatory disclosure statement
• A brief statement/listing of therapeutic orientation
• Years of experience
• Complete a jurisprudence exam with a passing score of at least 80%

Back to Previous | Added: 2008-02-23

Connecticut

Registration Required: In Connecticut, beginning October 1, 2006, "no person shall practice hypnosis or hold himself or herself out as a hypnotist in this state without first registering with the Department of Consumer Protection."

Eligibility: To register as a hypnotist in Connecticut, an individual must:

• Pay an application fee of $50
• Complete a simple application form. The form requires name, address and a representation that the applicant is not subject to sexual offender registration laws.

Regulation: The Department of Consumer Protection shall receive and investigate complaints against individuals who are practicing or have practiced hypnosis in this state and may cause a prosecution to be instigated based on such investigation. The grounds for complaint shall include physical or sexual abuse, misappropriation of property, and fraud or deceit in obtaining or attempting to obtain registration as a hypnotist.

• The Commissioner of Consumer Protection may deny registration as a hypnotist to an individual who has been subject of one of the above findings.
• The Commission of Consumer Protection may, after notice and hearing, assess a civil penalty of not more than one-hundred dollars ($100) against any person who has practiced hypnosis in this state without first registering with the department.

Definition of Hypnosis: In Connecticut, hypnosis means an artificially induced altered state of consciousness, characterized by heightened suggestibility and receptivity to direction.

Regulatory Agency:

• The Connecticut Department of Consumer Protection
• Link: http://www.ct.gov/dcp/cwp/view.asp?a=1625&q=320228

References:

• Public Act No. 06-187 § 44; 2006 Ct. ALS 187.
• Application: http://www.ct.gov/dcp/lib/dcp/forms/hypn-01_-hypnotist_registration_(4)final.pdf

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Indiana

License Required: Indiana requires a special certification to practice hypnosis or hypnotherapy in the state.

Eligibility: An individual who applies for a certificate as a hypnotist must present satisfactory evidence that the individual:

Does not have a conviction for a crime that has a direct bearing on the individual's ability to practice competently.

Has not been the subject of a disciplinary action by a licensing or certification agency of another state or jurisdiction on the grounds that the individual was not able to practice as a hypnotist without endangering the public; and

• Has at least five hundred (500) classroom hours of hypnotism education from an Indiana school or program of hypnotism that is approved by the Indiana commission on proprietary education (referred to as "the commission" in this clause) under IC 20-12-76 or from any other state approved school or program that is found by the commission to have requirements as stringent as necessary for the commission's approval of an Indiana school or program of hypnotism. A classroom hour may not be less than a fifty (50) minute period of instruction with both the instructor and student in attendance. Classroom instruction does not include video tape correspondence courses or other forms of electronic presentation.
• The Individual must also pay a fee and must be at least 18 years of age with a high school degree (GED ok).

Regulation: Without certification, an individual may not:

• Practice hypnotism (Penalty: Class A misdemeanor)
• Profess to be a "hypnotist" or "hypnotherapist" (Class B misdemeanor)
• Use the title "hypnotist" or "hypnotherapist" (Class B misdemeanor)
• Use the prefex "hypno" with any word or use initials, words, letters, abbreviations, or insignia indicating or implying that the individual is a hypnotist certified under this chapter. (Class B misdemeanor).

Definition of Hypnosis: In Indiana, "hypnotism" means a temporary condition of altered or intensified attention induced in an individual by a person who professes to be a hypnotist, in which the condition is characterized by a variety of phenomena that appear spontaneously or in response to verbal or other stimuli, including the phenomena:

• Alterations in consciousness and memory
• Increased suggestibility
• The production of responses and ideas unfamiliar to the individual in the individual's usual state of mind.

Definition of Hypnotist: In Indiana, "hypnotist" means an individual who practices hypnotism, teaches an individual to become a hypnotist, or trains an individual in self-hypnosis.

Regulatory Agencies:

• The Indiana Hypnotist Committee reviews applications for certification. Please refer to the detailed "Application Instructions" - http://www.in.gov/pla/bandc/ihc/Application_Instructions.pdf.
• The Indiana Medical Licensing Board regulates the practice of hypnosis.

References:

• Indiana Code 25-20.5 et. seq.
• Link to Statute: http://www.in.gov/legislative/ic/code/title25/ar20.5/ch1.html

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Washington

License Required: In Washington State, "Counselors" are required to register. Hypnotherapists fall under the definition of "Counselors."

Eligibility: For registration, an individual must:

• Pay in advance, an application fee of $95 and an annual renewal fee.
• Complete four hours of AIDS education.
• Submit an application form that includes questions of:
  1. demographic information;
  2. title description;
  3. previous certification;
  4. AIDS education attestation;
  5. and applicant's attestation. For the form, see: https://fortress.wa.gov/doh/hpqa1/hps7/Hypnotherapist/documents/hypapp.pdf

Regulation: Once registered, there are regulations a hypnotherapist must follow:

• You must provide disclosure information to each client prior to implementation of a treatment plan.
• The required disclosure information for each client includes:
  1. Name of firm, agency, business or practice
  2. Business address and telephone number
  3. Washington State registration number
  4. Name and type of counseling you provide
  5. The methods or techniques you use
  6. Your education, training and experience
  7. The course of treatment
  8. Billing information: (i) client's cost per each session; (ii) billing practices
• You must also make a "disclosure statement" detailing the client's rights and responsibilities as well as yours. Failure to provide to the client any of the disclosure information shall constitute an act of unprofessional conduct.
• You must keep records of all services. See § 246-810-035 for a list.
• You have a duty to report suspected abuse or neglect of a child, dependent adult, or a developmentally disable person.
• You have a duty not to engage in sexual contact or sexual activity with current clients.

Regulatory Agency:

Washington State Department of Health

• See: https://fortress.wa.gov/doh/hpqa1/hps7/Hypnotherapist/default.htm

References:

• Washington Administrative Code § 246-810-010 et. seq
• Link to Statute: http://apps.leg.wa.gov/WAC/default.aspx?cite=246-810

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II. STATES WITH GUIDELINES FOR PRACTICING WITHOUT LICENSURE

The following United States have no hypnosis laws that require mandatory registration or special certification for hypnotists or hypnotherapists. Instead, these states lay out guidelines to lawfully practice hypnosis or hypnotherapy without a license. These laws generally require that a hypnotist not advertise or perform medical services (such as diagnosing or treating medical conditions):

California

Statutes: California does not have an explicit statute or regulation requiring licensure for hypnotists or hypnotherapy. California Business and Professions Code 2908 exempts "persons using hypnotic techniques" from the psychology licensing act to do "vocational or avocational self-improvement" as long as they "do not treat emotional or mental disorders. 2908 also exempts "persons using hypnotic techniques" they are working under referral "of persons licensed to practice psychology, dentistry or medicine."

Case Law: In People v. Cantor, a 1961 Superior Court case, the court held that the practice of hypnotism as a curative measure or mode of procedure in helping patients to lose weight, relax tension and improve nerves and bad habits by one not licensed to practice medicine amounts to the unlawful practice of medicine. People v. Cantor, 198 Cal. App. 2d Supp. 843 (App Dep't Super Ct. 1961).

"Practicing Medicine" Statute: "Any person who practices or attempts to practice, or who advertises or holds himself or herself out as practicing, any system or mode of treating the sick or afflicted in this state, or who diagnoses, treats, operates for, or prescribes for any ailment, blemish, deformity, disease, disfigurement, disorder, injury, or other physical or mental condition of any person, without having at the time of so doing a valid, unrevoked, or unsuspended certificate as provided in this chapter or without being authorized to perform the act pursuant to a certificate obtained in accordance with some other provision of law is guilty of a public offense, punishable by a fine not exceeding ten thousand dollars ($10,000), by imprisonment in the state prison, by imprisonment in a county jail not exceeding one year, or by both the fine and either imprisonment." California Business and Professions Code § 2052 (a).

Here, the hypnotist advertised that "Hypnosis helps lose weight...relax. Self Hypnosis... improve... nerves and bad habits." He claimed that he had no failures, had cured bed wetting by a child, and that he could and did relieve cancer pain. The court found that from "all the evidence, it is apparent that appellant ‘advertised,' held himself out as practicing and practiced and attempted to practice a system or mode of treating the sick or afflicted, that he diagnosed, treated ‘an ailment, disease or disorder or other mental or physical condition' within the purview of the statute."

Analysis: Care must be taken in California, at a minimum, to disclaim in advertising materials the practice of medicine and to state that the hypnotist does not diagnose, prescribe, or treat any medical condition. There appears to be no other case law in California affecting hypnosis and there is no other California case that follows/disagrees/disapproves/cites People v. Canter.

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Florida

In Florida, therapeutic hypnosis is regulated. It is unlawful for any person to engage in the practice of "Hypnosis" for therapeutic purposes unless such person is a "Practitioner of the Healing Arts" or a "Qualified Person."

"Hypnosis," as defined by statute, only applies to hypnosis "used in the treatment of any human ill, disease, injury, or for any other therapeutic purpose." A "Practitioner of the Healing Arts" means a person licensed to practice medicine, surgery, psychology, etc. A "Qualified Person" means a person deemed by the referring practitioner to be qualified by both professional training and experience to be competent to employ hypnotic technique for therapeutic purposes, under supervision, direction or prescription.

It is not clear how the law applies to hypnotists who expressly disclaim the practice of therapeutic hypnosis.

Reference: 32 Florida Statutes §485.000 et. seq.

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Hawaii

Proposed Legislation: As of right now, there is no hypnotherapy regulation in Hawaii. However, a bill has been proposed as recently as March 2006, requesting that the Legislature recognize Hypnotherapy as a legal profession subject to regulation and control. This bill would impose strict licensing requirements on the practice of hypnotherapy. The Hypnotherapists Union opposed this bill and was instrumental in its defeat.

Proposed Eligibility Requirements: Prior to eligibility for examination, the applicant shall furnish proof that the applicant has received a total of not less than one thousand five hundred hours of education and training consisting of:

• A formal program in the science of hypnotherapy at an institute or school approved by the board
• Six months clinical internship program supervised by a licensed hypnotherapist.

Proposed Regulations: Any license to practice hypnotherapy under this chapter may be revoked or suspended by the board at any time for any cause, including but not limited to:

• Obtaining a fee on the assurance that a manifestly incurable ailment can be permanently cured;
• The use of false, fraudulent, or deceptive advertising and making untruthful and improbable statements;
• Habitually using any habit forming controlled substance, such as opium or any of its derivatives
• Procuring a license through fraud, misrepresentation, or deceit.
• Professional misconduct or gross carelessness or manifest incapacity in the practice of hypnotherapy

Reference:

• 2005 Bill Text HI H.B. 1695

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Illinois

Statute: "Nothing in this Act shall be construed to prevent a person from practicing hypnosis without a license issued under this Act provided that the person (1) does not otherwise engage in the practice of clinical psychology including, but not limited to, the independent evaluation, classification, and treatment of mental, emotional, behavioral, or nervous disorders or conditions, developmental disabilities, alcoholism and substance abuse, disorders of habit or conduct, the psychological aspects of physical illness, (2) does not otherwise engage in the practice of medicine including, but not limited to, the diagnosis or treatment of physical or mental ailments or conditions, and (3) does not hold himself or herself out to the public by a title or description stating or implying that the individual is a clinical psychologist or is licensed to practice clinical psychology."

Definition of Clinical Psychology: "Clinical psychology" means the independent evaluation, classification and treatment of mental, emotional, behavioral or nervous disorders or conditions, developmental disabilities, alcoholism and substance abuse, disorders of habit or conduct, and the psychological aspects of physical illness. The practice of clinical psychology includes psychoeducational evaluation, therapy, remediation and consultation, the use of psychological and neuropsychological testing, assessment, psychotherapy, psychoanalysis, hypnosis, biofeedback, and behavioral modification when any of these are used for the purpose of preventing or eliminating psychopathology, or for the amelioration of psychological disorders of individuals or groups. "Clinical psychology" does not include the use of hypnosis by unlicensed persons pursuant to Section 3 [225 ILCS 15/3].

Reference: 225 Illinois Compiled Statutes 15/3(h).

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New Jersey

Note: New Jersey law seems to require licensure for such hypnosis activities as: (i) altering habits such as smoking and weight management, (ii) increasing client motivation in employment, the workplace and in sports activities and (iii) enhancing creative, artistic and scholastic endeavors.

See Statute: (b) Persons not requiring licensure are limited to persons engaged in the practice of hypnocounseling as well as those whose conduct and practice is exempt from licensure pursuant to this subchapter.

1. For purposes of this subsection, hypnocounseling means the induction of a hypnotic state by applying individualized techniques to induce hypnosis in order to assist clients with stress management not related to a medical or mental health disorder, altering habits such as smoking and weight management, increasing client motivation in employment, the workplace and in sports activities and enhancing creative, artistic and scholastic endeavors
2. The services of a hypnocounselor shall be limited to:
   1. Interviewing a client to determine the nature of the client's problem;
   2. Assessing the client's suitability for hypnocounseling
   3. Testing a prospective client to determine the client's level of suggestibility;
   4. Preparing clients for hypnosis through an explanation of the process and procedures used as well as a description of the resulting hypnotic state to be experienced by the client
   5. Teaching self-hypnosis to clients;
   6. Inducing the hypnotic state; and
   7. Applying hypnotic techniques.

Reference: New Jersey Administrative Code § 13:42-1.2

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Utah

Statute: Exemptions from licensure:

(5) An individual engaged in performing hypnosis who is not licensed under this title in a profession which includes hypnosis in its scope of practice,

1. And who:
   1. Induces a hypnotic state in a client for the purpose of increasing motivation or altering lifestyles or habits, such as eating or smoking, through hypnosis;
   2. Prepares the client to enter hypnotic states by explaining how hypnosis works and what the client will experience;
   3. Tests clients to determine degrees of suggestibility;
   4. Applies hypnotic techniques based on interpretation of consultation results and analysis of client's motivation and behavior patterns; and
   5. Trains clients in self-hypnosis conditioning;
2. May Not:
   1. Engage in the practice of mental health therapy;
   2. Represent himself using the title of a license classification in Subsection 58-60-102(5)
   3. Use hypnosis with or treat a medical, psychological, or dental condition defined in generally recognized diagnostic and statistical manuals of medical, psychological, or dental disorders.

Reference: Utah Code § 58-6-107

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III. UNREGULATED UNITED STATES

Alabama

In Alabama, the State Board of Education specifically prohibits the use of hypnosis...school personnel are prohibited from using any techniques that involve the induction of hypnotic states. Alabama Administrative Code Regulation 290-040-0400.02.

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Alaska

Arizona

A physician may not delegate the following procedures to an unlicensed person: Psycho-therapeutic procedures, including individual and group psychotherapy, clinical hypnosis, or other behavioral health interventions subject to independent regulation in Arizona. Arizona Administrative Code § R4-38-306.

Arizona law does not provide a definition for clinical hypnosis. I believe that clinical hypnosis generally refers to therapeutic hypnosis done by medical professionals only. For example, the American Society of Clinical Hypnosis says that the requirements for certification in clinical hypnosis include:

• MD, DDS, DMD, DO, DPM, PhD, PsyD, or equivalent doctoral degree with psychology as the major study, or a masters degree in nursing, social work, psychology, counseling, marriage and family therapy from a college or university accredited by its appropriate regional accrediting body;
• Membership in a professional society consistent with degree;
• Licensure or Certification by the state of province in which you practice;
• Minimum of 40 hours of ASCH approved workshop training (20 hours each of beginning and intermediate workshops);
• Minimum of 20 hours of individualized training/consultation with an ASCH Approved Consultant;
• Minimum of two years of independent practice utilizing clinical hypnosis.

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Arkansas

Colorado

Delaware

District of Columbia

Georgia

Hypnotists are listed as one of many examples of business or practitioners of professions or occupations which may be subject to regulatory fees of local governments. Official Code of Georgia § 48-13-9 (b)(24).

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Idaho

Iowa

Kansas

Kentucky

Louisiana

Maine

Maryland

Massachusetts

Michigan

Minnesota

Mississippi

Missouri

Montana

Nebraska

Nevada

New Hampshire

New Mexico

New York

North Carolina

North Dakota

Ohio

Oklahoma

Oregon

Pennsylvania

Rhode Island

South Carolina

South Dakota

Tennessee

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Texas

Hypnosis and Hypnotherapy when performed by a licensed psychologist are subject to Board Rules. 22 Texas Administrative Code § 465.5

The practice of psychology includes hypnosis for health care purposes and hypnotherapy. Texas Occupations Code § 501.003

Certification is required for "investigative hypnosis proficiency." 37 Texas Administrative Code § 221.7

The use of specific methods, techniques, or modalities within the practice of professional counseling is limited to professional counselors appropriately trained and competent in the use of such methods. Authorized counseling methods and modalities may include, but are not restricted to: (13) Hypnotherapy which utilizes the principles of hypnosis and post-hypnotic suggestion in the treatment of mental and emotional disorders and addictions. 22 Texas Administrative Code § 681.31.

Hypnotherapy may be provided by a marriage and family therapist. 22 Texas Administrative Code § 801.42

Court held that a hypnotist was not exempt from obtaining a medical license when he advertised hypnosis as a means of curing certain mental and physical disorders. Masters v. State, 170 Tex. Crim. 471 (1960)

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Vermont

Virginia

West Virginia

Wisconsin

Wyoming

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Last modified: 2008-03-09T10:44:08-0800