State Laws for Hypnotherapists in Delaware

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 Delaware, the practice of psychology includes activities like counseling, psychotherapy, and hypnosis, which require a license. The definition of psychological services is broad and includes evaluating personal characteristics and treating mental and emotional disorders. Complementary and alternative medicine practices, including hypnosis, are recognized but are not exclusively for licensed psychologists.

Many unlicensed individuals in Delaware 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 12 hypnotherapists practicing/advertising in the State of Delaware.

Laws and Regulations

TITLE 24 CHAPTER 35 SECT. 3502

5. “Practice of psychology” shall mean the observation, description, evaluation, interpretation and modification of human behavior by the application of psychological principles, methods, and/or procedures, for the purpose of preventing or eliminating symptomatic, maladaptive or undesired behavior, and of enhancing interpersonal relationships, work and life adjustment, personal effectiveness, behavioral health and mental health.

   The practice of psychology includes psychological testing and the evaluation or assessment of personal characteristics, such as intelligence, personality, abilities, interests, aptitudes and neuropsychological function; counseling, psychoanalysis, psychotherapy, hypnosis, biofeedback, and behavior analysis and therapy; diagnosis and treatment of mental and emotional disorder or disability, alcoholism and substance abuse, disorders of habit or conduct, as well as the psychological aspects of physical illness, accident, injury or disability; and psychoeducational evaluation, therapy, remediation, and consultation.

   Psychological services may be rendered to individuals, families, groups, organizations, institutions and the public.

   The practice of psychology shall be construed within the meaning of this definition without regard to whether or not payment is received for services rendered.

   1. “Psychological testing” shall mean, but not be limited to: Administration and interpretation of standardized intelligence and neuropsychological tests which yield an intelligence quotient and/or are the basis for a diagnosis of organic brain syndromes for the purposes of classification and/or disability determination; and
   2. The administration and interpretation of psychological tests which are the basis of a diagnosis of mental or emotional disorder.

Administrative Code : Title 19 : 1000 : 1300 : 1340 [Workers’ compensation health care treatment guidelines

1.0 Introduction

Pursuant to 19 Del.C. §2322C, health care practice guidelines have been adopted and recommended by the Health Care Advisory Panel to guide utilization of health care treatments in workers’ compensation…

6.4.3 COMPLEMENTARY ALTERNATIVE MEDICINE (CAM) is a term used to describe a broad range of treatment modalities, a number of which are generally accepted and supported by some scientific evidence, and others which still remain outside the generally accepted practice of conventional Western Medicine. In many of these approaches, there is attention given to the relationship between physical, emotional, and spiritual well-being. While CAM may be performed by a myriad of both licensed and non-licensed health practitioners with training in one or more forms of therapy, credentialed practitioners should be used when available or applicable.

Although CAM practices are diverse and too numerous to list, they can be generally classified into five domains:….

6.4.3.2 Mind-Body Interventions: These include practices such as hypnosis, meditation, bioenergetics, and prayer.

Notes

1. It is unclear whether hypnotherapy involves “the application of psychological principles, methods and/or procedures” – which is required to be part of the “practice of psychologist” under TITLE 24 CHAPTER 35 SECT. 3502(5). Also, the phrase “the application of psychological principles, methods and/or 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 TITLE 24 CHAPTER 35 SECT. 3502(5) – 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), assess abilities (something coaches, counselors, art critics, and many others do), etc.
3. We are not aware of any cases in which a person in Delaware has gotten into legal trouble just for practicing hypnosis or hypnotherapy.
4. Google searches reveal a number of unlicensed individuals advertising hypnotherapy services in Delaware.
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.