State Laws for Hypnotherapists in Alaska

Summary

Disclaimer: The following summary is a non-legal interpretation of how the hypnotherapy authors interpret the law as it applies for hypnotherapists. This is not a substitute for legal advice.

In Alaska, practicing psychology includes a wide range of activities such as interviewing, counseling, psychotherapy, and hypnosis. However, using hypnotherapy for self-improvement is different from treating psychological problems, and it is unclear if hypnotherapy is only for licensed psychologists. The definition of psychological services is broad, and many people use psychological principles in various fields like advertising and human resources. The law mainly defines what licensed psychologists can do but does not clearly state what others cannot do.

Many unlicensed individuals in Alaska advertise hypnotherapy services online.

Legal Case Highlights

In 2015, a hypnotherapist in Alaska received a complaint for practicing psychology without a license due to advertising and practicing hypnotherapy. The hypnotherapist was sent a “cease & desist” order and chose to move to another state rather than fight the claims.

Hypnotherapists

Important Note: Estimating the number of hypnotherapists practicing in any state is difficult if there is no state licensing or registration act in that state. This resource provides very rough estimates that are grossly under reported by Googling hypnotherapists who are actively advertising in that state.

As of 2024, there are approximately 13 hypnotherapists practicing/advertising in the State of Alaska.

Laws and Regulations

Sec. 08.86.230. Definitions.

In this chapter,…

5. “to practice psychology” means to render or offer to render for a fee to individuals, groups, organizations, or the public for the diagnosis, prevention, treatment, or amelioration of psychological problems and emotional and mental disorders of individuals or groups or for conducting research on human behavior, a psychological service involving the application of psychological principles, methods, and procedures of understanding, predicting, and influencing behavior, including
   1. the principles pertaining to learning, perception, motivation, emotions, and interpersonal relationships;
   2. the methods and procedures of interviewing, counseling, psychotherapy, biofeedback, behavior modification, and hypnosis;
   3. constructing, administering and interpreting tests of mental abilities, aptitudes, interests, attitudes, personality characteristics, emotions, and motivations.

Notes

1. Hypnotherapy may be used to help with vocational and avocational self-improvement, which is different from “the diagnosis, prevention, treatment, or amelioration of psychological problems and emotional and mental disorders” under 08.86.230(5). “It is unclear whether hypnotherapy involves “a psychological service involving the application of psychological principles, methods and procedures” – which is required to be part of the “practice of psychologist” under 08.86.230(5). Also, the phrase “the application of psychological principles, methods and procedures” is vague and broad so that it is unreasonable to assume that this is exclusively the domain of licensed psychologists. Almost everyone uses basic application of psychological principles in fields, for example, like advertising, human resources, training programs, etc.
2. It cannot be the case that the things listed under 08.86.230(5). – such as hypnosis – are meant to be exclusively reserved to licensed psychologists. Otherwise, only licensed psychologists would be permitted to use interviewing methods (which human resource professionals do), evaluate mental abilities (something teachers also do), assess aptitudes (something coaches, counselors, art critics, and many others do), etc.
3. We are aware of a letter sent in February 2015 to a hypnotherapist from the Alaska Division of Corporations, Business and Professional Licensing stating a complaint had been received that the hypnotherapist was practicing psychology without a license by “advertising and practicing hypnotherapy” and asking to set up an interview to investigate the accused hypnotherapist. We do not know what specific advertising or practices by this hypnotherapist caused this complaint. The last we heard she had been sent a “cease & desist” order – and she was planning to just move to a different state rather than try to defend herself against the claims.
4. Google searches reveal a number of unlicensed individuals advertising hypnotherapy services in Alaska.
5. The law listed above is a “Titling Act” that outlines what licensed psychologists can do. It does not outline what everyone else other than licensed psychologists can and cannot do.