State Laws for Hypnotherapists in California

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 California, practicing psychology requires a license, and it includes activities like counseling, psychotherapy, and hypnosis. However, qualified professionals from other fields (like doctors, social workers, and educators) can use hypnosis if they don't call themselves psychologists. Complementary and alternative health care practitioners can practice if they follow certain rules, such as disclosing they are not licensed physicians and describing their qualifications and the nature of their services in writing.

California provides an exemption and specifically defines the legality and scope of the Hypnotherapist is contained in California’s Business and Professions Code #2908.

In short, Business and Professions code provides to clear exemptions. 1) Working under referral of Doctors, Psychologists or Dentists. And 2) utilizing hypnotic techniques for avocational or vocational self-improvement and do not offer therapy for emotional and mental disorders.

Many hypnotherapists use this last reference “and do not offer therapy for emotional and mental disorders” to mean they are not allowed to advertise, diagnosis or treat someone for a diagnosed serious disorder as defined by the criteria of the Diagnostic and Statistical Manual of Mental Disorders (DSM). We say “serious” because “smoking” is now listed in DSM. It is commonly assumed that “Mental Disorders” such as thought disorders, personality disorders, etc.

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 218 hypnotherapists practicing/advertising in the State of California.

Laws and Regulations

BUSINESS AND PROFESSIONS CODE – BPC 2903

DIVISION 2. HEALING ARTS [500 - 4999.129] (Division 2 enacted by Stats. 1937, Ch. 399.)

CHAPTER 6.6. Psychologists [2900 - 2999.105] (Chapter 6.6 repealed and added by Stats. 1967, Ch. 1677.)

ARTICLE 1. General Provisions [2900 - 2919] (Article 1 added by Stats. 1967, Ch. 1677.)

2903.

1. No person may engage in the practice of psychology, or represent himself or herself to be a psychologist, without a license granted under this chapter, except as otherwise provided in this chapter. The practice of psychology is defined as rendering or offering to render to individuals, groups, organizations, or the public any psychological service involving the application of psychological principles, methods, and procedures of understanding, predicting, and influencing behavior, such as the principles pertaining to learning, perception, motivation, emotions, and interpersonal relationships; and the methods and procedures of interviewing, counseling, psychotherapy, behavior modification, and hypnosis; and of constructing, administering, and interpreting tests of mental abilities, aptitudes, interests, attitudes, personality characteristics, emotions, and motivations.
2. The application of these principles and methods includes, but is not restricted to: assessment, diagnosis, prevention, treatment, and intervention to increase effective functioning of individuals, groups, and organizations.
3. Psychotherapy within the meaning of this chapter means the use of psychological methods in a professional relationship to assist a person or persons to acquire greater human effectiveness or to modify feelings, conditions, attitudes, and behaviors that are emotionally, intellectually, or socially ineffectual or maladaptive.

BUSINESS AND PROFESSIONS CODE – BPC 2908

DIVISION 2. HEALING ARTS [500 - 4999.129] ( Division 2 enacted by Stats. 1937, Ch. 399. )

CHAPTER 6.6. Psychologists [2900 - 2999.105] ( Chapter 6.6 repealed and added by Stats. 1967, Ch. 1677. )

ARTICLE 1. General Provisions [2900 - 2919] ( Article 1 added by Stats. 1967, Ch. 1677. )

2908.

Nothing in this chapter shall be construed to prevent qualified members of other recognized professional groups licensed to practice in the State of California, such as, but not limited to, physicians, clinical social workers, educational psychologists, marriage and family therapists, licensed professional clinical counselors, optometrists, psychiatric technicians, or registered nurses, or attorneys admitted to the State Bar of California, or persons utilizing hypnotic techniques by referral from persons licensed to practice medicine, dentistry, or psychology, or persons utilizing hypnotic techniques which offer avocational or vocational self-improvement and do not offer therapy for emotional or mental disorders, or duly ordained members of the recognized clergy, or duly ordained religious practitioners from doing work of a psychological nature consistent with the laws governing their respective professions, provided they do not hold themselves out to the public by any title or description of services incorporating the words “psychological,” “psychologist,” “psychology,” “psychometrist,” “psychometrics,” or “psychometry,” or that they do not state or imply that they are licensed to practice psychology; except that persons licensed under Chapter 13.5 (commencing with Section 4989.10) of Division 2 may hold themselves out to the public as licensed educational psychologists.

SB 577, Burton. Health: complementary and alternative health care practitioners.

Approved By Governor September 23, 2002

Passed The Senate August 19, 2002

Passed The Assembly August 15, 2002

Existing law regulates the practice of medicine in the state, and in that regard prohibits persons who are not licensed as physicians and surgeons from engaging in certain activities constituting the practice of medicine.

This bill, notwithstanding any other provision of law, would provide that a person engaging in certain medical treatments who makes specified written disclosures to a client shall not be in violation of certain provisions of the Medical Practice Act unless that person engages in specified diagnosis, treatment, and other activities. The bill would require a person who advertises himself or herself as performing the services that are subject to those requirements to state in the advertisement that he or she is not licensed by the state as a healing arts practitioner.

This bill would also make various findings of the Legislature concerning the utilization of complementary and alternative health care services.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. The Legislature hereby finds and declares all of the following:

1. Based upon a comprehensive report by the National Institute of Medicine and other studies, including a study published by the New England Journal of Medicine, it is evident that millions of Californians, perhaps more than five million, are presently receiving a substantial volume of health care services from complementary and alternative health care practitioners. Those studies further indicate that individuals utilizing complementary and alternative health care services cut across a wide variety of age, ethnic, socioeconomic, and other demographic categories.
2. Notwithstanding the widespread utilization of complementary and alternative medical services by Californians, the provision of many of these services may be in technical violation of the Medical Practice Act (Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code). Complementary and alternative health care practitioners could therefore be subject to fines, penalties, and the restriction of their practice under the Medical Practice Act even though there is no demonstration that their practices are harmful to the public.
3. The Legislature intends, by enactment of this act, to allow access by California residents to complementary and alternative health care practitioners who are not providing services that require medical training and credentials. The Legislature further finds that these nonmedical complementary and alternative services do not pose a known risk to the health and safety of California residents, and that restricting access to those services due to technical violations of the Medical Practice Act is not warranted.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SEC. 2. Section 2053.5 is added to the Business and Professions Code, to read:

2053.5.

1. Notwithstanding any other provision of law, a person who complies with the requirements of Section 2053.6 shall not be in violation of Section 2051, 2052, or 2053 unless that person does any of the following:
   1. Conducts surgery or any other procedure on another person that punctures the skin or harmfully invades the body.
   2. Administers or prescribes X-ray radiation to another person.
   3. Prescribes or administers legend drugs or controlled substances to another person.
   4. Recommends the discontinuance of legend drugs or controlled substances prescribed by an appropriately licensed practitioner.
   5. Willfully diagnoses and treats a physical or mental condition of any person under circumstances or conditions that cause or create a risk of great bodily harm, serious physical or mental illness, or death.
   6. Sets fractures.
   7. Treats lacerations or abrasions through electrotherapy.
   8. Holds out, states, indicates, advertises, or implies to a client or prospective client that he or she is a physician, a surgeon, or a physician and surgeon.
2. A person who advertises any services that are not unlawful under Section 2051, 2052, or 2053 pursuant to subdivision (a) shall disclose in the advertisement that he or she is not licensed by the state as a healing arts practitioner.

SEC. 3. Section 2053.6 is added to the Business and Professions Code, to read:

2053.6.

1. A person who provides services pursuant to Section 2053.5 that are not unlawful under Section 2051, 2052, or 2053 shall, prior to providing those services, do the following:
   1. Disclose to the client in a written statement using plain language the following information:
      1. That he or she is not a licensed physician.
      2. That the treatment is alternative or complementary to healing arts services licensed by the state.
      3. That the services to be provided are not licensed by the state.
      4. The nature of the services to be provided.
      5. The theory of treatment upon which the services are based.
      6. His or her educational, training, experience, and other qualifications regarding the services to be provided.
   2. Obtain a written acknowledgement from the client stating that he or she has been provided with the information described in paragraph (1).
      1. The client shall be provided with a copy of the written acknowledgement, which shall be maintained by the person providing the service for three years.
      2. The information required by subdivision (a) shall be provided in a language that the client understands.

Notes

1. We are not aware of any cases in which a person in California has gotten into legal trouble just for practicing hypnosis or hypnotherapy.
2. Google searches reveal a number of unlicensed individuals advertising hypnotherapy services in California.