State Laws for Hypnotherapists in Florida

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 Florida, the Hypnosis Law regulates the practice of hypnosis for therapeutic purposes. Only licensed practitioners of the healing arts, such as doctors, psychologists, and counselors, or those working under their supervision, are allowed to use hypnosis for therapeutic purposes. The law does not clearly define hypnosis for therapeutic purposes, but it generally refers to treatment for medical, mental, emotional, and dental issues.

Many unlicensed individuals in Florida advertise hypnotherapy services online.

Legal Case Highlights

There have been two known cases of unlawful practice under the Florida Hypnosis Law.

In 2012, a high school principal was charged for using hypnosis on students without a license and entered a plea deal.

In 2020, a therapist was arrested for using hypnosis to sexually abuse a minor. Additionally, the law allows civil suits against practitioners for damages caused by improper hypnosis.

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 217 hypnotherapists practicing/advertising in the State of Florida.

Laws and Regulations

Title XXXII Regulation of Professions and Occupations, Chapter 485 Hypnosis.

485.01 Short title. – This chapter shall be known as the “Hypnosis Law.”

Legislative intent. –

1. It is recognized that hypnosis has attained a significant place as another technique in the treatment of human injury, disease, and illness, both mental and physical; that the utilization of hypnotic techniques for therapeutic purposes should be restricted to certain practitioners of the healing arts who are qualified by professional training to fulfill the necessary criteria required for diagnosis and treatment of human illness, disease, or injury within the scope of their own particular field of competence; or that such hypnotic techniques should be employed by qualified individuals who work under the direction, supervision, or prescription of such practitioners.
2. It is the intent of the Legislature to provide for certain practitioners of the healing arts, such as a trained and qualified dentist, to use hypnosis for hypnoanesthesia or for the allaying of anxiety in relation to dental work; however, under no circumstances shall it be legal or proper for the dentist or the individual to whom the dentist may refer the patient, to use hypnosis for the treatment of the neurotic difficulties of a patient. The same applies to the optometrist, podiatric physician, chiropractic physician, osteopathic physician, or physician of medicine.
3. It is, therefore, the intent and purpose of this chapter to regulate the practice of hypnosis for therapeutic purposes by providing that such hypnotic techniques shall be used only by certain practitioners of the healing arts within the limits and framework of their own particular field of competence; or by qualified persons to whom a patient may be referred, in which event the referring practitioner of the healing arts shall be responsible, severally or jointly, for any injury or damages resulting to the patient because of either his or her own incompetence, or the incompetence of the person to whom the patient was referred.

485.003 Definitions. – In construing this chapter, the words, phrases, or terms, unless the context otherwise indicates, shall have the following meanings:

1. “Hypnosis” shall mean hypnosis, hypnotism, mesmerism, posthypnotic suggestion, or any similar act or process which produces or is intended to produce in any person any form of induced sleep or trance in which the susceptibility of the person’s mind to suggestion or direction is increased or is intended to be increased, where such a condition is used or intended to be used in the treatment of any human ill, disease, injury, or for any other therapeutic purpose
2. “Healing arts” shall mean the practice of medicine, surgery, psychiatry, dentistry, osteopathic medicine, chiropractic medicine, naturopathy, podiatric medicine, chiropody, psychology, clinical social work, marriage and family therapy, mental health counseling, and optometry.
3. “Practitioner of the healing arts” shall mean a person licensed under the laws of the state to practice medicine, surgery, psychiatry, dentistry, osteopathic medicine, chiropractic medicine, naturopathy, podiatric medicine, chiropody, psychology, clinical social work, marriage and family therapy, mental health counseling, or optometry within the scope of his or her professional training and competence and within the purview of the statutes applicable to his or her respective profession, and who may refer a patient for treatment by a qualified person, who shall employ hypnotic techniques under the supervision, direction, prescription, and responsibility of such referring practitioner.
4. “Qualified person” shall mean a person deemed by the referring practitioner to be qualified by both professional training and experience to be competent to employ hypnotic technique for therapeutic purposes, under supervision, direction, or prescription.

485.04 When practice of hypnosis prohibited. – It shall be unlawful for any person to engage in the practice of hypnosis for therapeutic purposes unless such person is a practitioner of one of the healing arts, as herein defined, or acts under the supervision, direction, prescription, and responsibility of such a person.

485.05 Penalties. –

1. MISDEMEANOR. – Any person who shall violate the provisions of this chapter shall be guilty of a misdemeanor of the second degree, punishable as provided in s.775.082 or s.775.083.
2. REVOCATION OF LICENSE. – A violation of any of the provisions of this chapter by any person licensed to practice any branch of the healing arts in this state shall constitute grounds for revocation of license, and action may be taken by the respective boards in accordance with the applicable statutes.
3. CIVIL LIABILITY. – Any person who shall be damaged or injured by any practitioner of the healing arts, or by any person to whom such a practitioner may refer a patient for treatment, may bring suit against the practitioner either severally, or jointly, with the person to whom the referral was made.
4. CONSTRUCTION IN RELATION TO OTHER LAWS. – No civil or criminal remedy for any wrongful action shall be excluded or impaired by the provisions of this chapter.

Notes

1. Unfortunately, the above law fails to define the critical term “hypnosis for therapeutic purposes.” It would seem logical that the term should mean hypnosis to treat medical issues, mental and emotional disorders, and dental issues. However, some people believe the term should mean hypnosis done in any kind of therapy setting for any issue. As of now, research did not reveal any further guidance provided any Florida legislation, court cases or regulations about the proper interpretation of this term.
2. We are aware of a case in 2012 in which a high school principal who was hypnotizing many students at his school for various issues (such as test performance, sports performance, etc.) was charged with the unlawful practice of therapeutic hypnosis without a license. The principal entered into a plea deal to avoid possible jail time.
3. Only two people have ever been charged with the unlawful practice of hypnosis under the above Florida “Hypnosis Law”, which became law in 1961. Charges were dropped against the first person. The second person is the Florida high school principal mentioned above.
4. We are aware of a case in 2020 in which a therapist in Florida was accused of using hypnosis to sexually abuse a teenager. He was arrested on one count of unlawful sexual battery to a minor.
5. Google searches reveal a number of unlicensed individuals advertising hypnotherapy services in Florida.