Laws for Hypnotherapists in the District of Columbia

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 the District of Columbia, the practice of psychology includes activities like counseling, psychotherapy, and hypnotherapy, requiring a license. The definition is broad and includes evaluating personal characteristics, performing various types of therapy, and conducting professional activities like research and teaching. Complementary and alternative health practices, including hypnotherapy, are recognized but not exclusively reserved for licensed psychologists.

Many unlicensed individuals in the District of Columbia 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 18 hypnotherapists practicing/advertising in the District of Columbia.

Laws and Regulations

Code of the District of Columbia

§ 3–1201.02. Definitions of health occupations.

For the purposes of this chapter, the term:…

16. 1. 1. “Practice of psychology” means the development and application, with or without compensation, of scientific concepts, theories, methods, techniques, procedures, and principles of psychology to aid in the understanding, measuring, explaining, predicting, preventing, fostering, and treating of abilities, disabilities, attributes, or behaviors that are:
          1. Principally cognitive, such as aptitudes, perceptions, attitudes, or intelligence;
          2. Affective, such as happiness, anger, or depression; or
          3. Behavioral, such as physical abuse.
       2. The term “practice of psychology” includes:
          1. Coaching, consulting, counseling, and various types of therapy, such as behavior therapy, group therapy, hypnotherapy, psychotherapy, and marriage, couples, and family therapy;
          2. Intellectual, personality, behavioral, educational, neuropsychological, and psycho-physiological testing; and
          3. Professional activities, such as research, teaching, training, interviewing, assessment, evaluation, pharmacology, and biofeedback.

District of Columbia Municipal Regulations

8699 DEFINITIONS

8699.1 As used in this chapter, the following terms shall have the meanings ascribed:…

Practice of psychology – means the development and application, with or without compensation, of scientific concepts, theories, methods, techniques, procedures, and principles of psychology to aid in the understanding, measuring, explaining, predicting, preventing, fostering, and treating of abilities, disabilities, attributes, or behaviors that are: (a) principally cognitive, such as aptitudes, perceptions, attitudes, or intelligence; (b) affective, such as happiness, anger, or depression; or (c) behavioral, such as physical abuse. The practice of psychology includes: (a) coaching, consulting, counseling, and various types of therapy, such as behavior therapy, group therapy, hypnotherapy, psychotherapy, and marriage, couples, and family therapy; (b) Intellectual, personality, behavioral, educational, neuropsychological, and psycho-physiological testing; and (c) professional activities, such as research, teaching, training, interviewing, assessment, evaluation, pharmacology, and biofeedback.

Notes

1. It is unclear whether hypnotherapy involves “the application of scientific concepts, theories, methods, techniques, procedures, and principles of psychology” – which is required to be part of the “practice of psychology” under § 3-1201.02. Also, the phrase “the application of scientific concepts, theories, methods, techniques, procedures, and principles of psychology” 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 § 3-1201.02(16)(A)(ii) – such as hypnotherapy– are meant to be exclusively reserved to licensed psychologists. Otherwise, only licensed psychologists would be permitted to evaluate intelligence (something teachers also do), to coach (something sports coaches, performing arts teachers, etc. also do), to research (something individuals in almost all fields do), to teach (something teachers, professors and others do), to interview (something human resource professionals do), etc.
3. We are not aware of any cases in which a person in the District of Columbia has gotten into legal trouble just for practicing hypnosis or hypnotherapy.
4. Google searches reveal a number of unlicensed individuals advertising hypnotherapy services in the District of Columbia.
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.