In California, the practice of hypnosis is not state-licensed, but it is heavily regulated through a series of legal exemptions and disclosures. The key restriction is that unlicensed practitioners cannot treat or diagnose mental or physical disorders. They must also follow specific disclosure requirements for clients.
California State laws and regulations:
Scope of practice for unlicensed hypnotists
Under California Business and Professions Code § 2908, unlicensed practitioners may use hypnotic techniques for “vocational or avocational self-improvement” as long as they do not offer therapy for “emotional or mental disorders”.
Examples of permissible self-improvement areas include:
- Stress reduction
- Habit control (such as smoking cessation or weight loss)
- Performance enhancement
- Personal growth
Disclosures for complementary and alternative health practitioners
Under Senate Bill SB-577, unlicensed practitioners of complementary and alternative healthcare, including hypnotists, must provide a written disclosure to clients before providing services. This document must be written in plain language and include:
- A statement that the practitioner is not a licensed physician.
- Confirmation that the services are complementary or alternative to state-licensed healthcare.
- A statement that the services are not licensed by the state.
- A description of the services and the theory behind them.
- The practitioner’s qualifications, training, and experience.
- The client must sign a written acknowledgment of receipt of this information.
Referrals for medical or psychological conditions
To address medical or mental health issues, an unlicensed hypnotist must work under the referral of a licensed healthcare professional, such as a physician, dentist, or psychologist. If a hypnotherapist suspects a client’s issue has a medical or psychological cause, they must refer the client to a licensed professional.
Prohibited claims and activities
Unlicensed hypnotists are prohibited from:
- Diagnosing or treating any physical or mental ailment or disorder.
- Implying they are licensed to practice medicine or psychology.
- Using protected words like “psychological,” “psychologist,” or “psychology” to describe their services.
Federal laws and regulations
While there is no federal licensing or regulatory body specifically for hypnosis, practitioners are subject to general federal laws concerning business, advertising, and healthcare, including:
- Truth in Advertising: Federal regulations from the Federal Trade Commission (FTC) prohibit deceptive and unsubstantiated claims in advertising. Hypnotists cannot advertise the ability to cure medical conditions or make other false claims.
- HIPAA: Although unlicensed hypnotherapists are not covered under the Health Insurance Portability and Accountability Act (HIPAA), those who operate under the referral of a HIPAA-covered entity must comply with federal privacy and security rules for medical information.