State Laws for Hypnotherapists in Arkansas

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 Arkansas, the practice of psychology involves observing, evaluating, and modifying human behavior by someone with an advanced degree in psychology. This includes activities like testing, diagnosing, treating mental disorders, counseling, psychotherapy, and hypnosis. However, hypnosis done by someone without an advanced psychology degree is not considered the practice of psychology. The law defines what licensed psychologists can do but doesn’t clearly state what others cannot do.

Many unlicensed individuals in Arkansas advertise hypnotherapy services online.

Legal Case Highlights

As of the date of this publication, we were unable to find any known legal cases in this state where someone has faced legal action just for practicing hypnosis or hypnotherapy. (Unless there was a legal case in that state.)

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 39 hypnotherapists practicing/advertising in the State of Arkansas.

Laws and Regulations

17-97-102. Definitions – Levels of practice of psychology.

1. As used in this chapter:
   2. 1. “Practice of psychology” means the observation, description, evaluation, interpretation, or modification of human behavior by a person who holds an advanced graduate degree in psychology and is trained in the application of psychological principles, methods, or procedures for one (1) or more of the following purposes:
         1. Preventing or eliminating symptomatic, maladaptive, or undesired behavior;
         2. Enhancing interpersonal relationships, work and life adjustment, personal effectiveness, and behavioral and mental health; and
         3. Consulting, teaching, and research.
      2. “Practice of psychology” includes without limitation:
         1. Testing and measuring, that consist of the administration and interpretation of tests measuring personal characteristics, such as intelligence, personality, abilities, interests, aptitudes, achievements, motives, personality dynamics, psychoeducational processes, neuropsychological brain functioning, and other psychological attributes of individuals or groups;
         2. 1. Diagnosis and treatment of mental and emotional disorders, that consist of the appropriate diagnosis of mental disorders, behavior disorders, and brain dysfunctions, according to standards of the profession and the ordering or providing of treatments according to need.
            2. Treatment includes without limitation providing:
               1. Counseling;
               2. Psychotherapy;
               3. Marital and family therapy;
               4. Group therapy;
               5. Behavior therapy;
               6. Psychoanalysis;
               7. Hypnosis;
               8. Biofeedback;
               9. Other psychological interventions that aim to modify and adjust perceptions, habits, or conduct

Notes

1. Under 17-97-102, only actions done by a person holding an advanced degree in psychology can constitute the “practice of psychology.” By definition, therefore, hypnosis done by someone without such an advanced degree would not be the “practice of psychology.”
2. It cannot be the case that the things listed under 17-97-102(B) – such as hypnosis – are meant to be exclusively reserved to licensed psychologists. Otherwise, only licensed psychologists would be permitted to evaluate intelligence (something teachers also do), measure aptitudes (something coaches, counselors, art critics, and many others do), etc.
3. Also, the phrase “Other psychological interventions that aim to modify and adjust perceptions, habits or conduct” 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 and interventions in fields, for example, like advertising, human resources, training programs, etc.
4. We are not aware of any cases in which a person in Arkansas has gotten into legal trouble for practicing hypnosis or hypnotherapy.
5. Google searches reveal a number of unlicensed individuals advertising hypnotherapy services in Arkansas.
6. 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.