State Laws for Hypnotherapists in Louisiana

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 Louisiana, the practice of psychology, which includes hypnosis, requires a license and involves a wide range of psychological services. However, it is not clear if hypnotherapy falls strictly under the practice of psychology as defined by the law. Individuals providing lifestyle modification advice, including hypnotherapy, must disclose certain information if they are not licensed healthcare providers.

Many unlicensed individuals in Louisiana 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 29 hypnotherapists practicing/advertising in the State of Louisiana.

Laws and Regulations

RS 37: §2352. Definition of terms

As used in this Chapter, the following terms have the meaning ascribed in this Section:…

7. “Practice of psychology” is defined as the observation, description, evaluation, interpretation, and modification of human behavior, by the application of psychological principles, methods, and procedures, for the purpose of eliminating symptomatic, maladaptive, or undesired behavior, and of improving interpersonal relationships, work and life adjustment, personal effectiveness, behavioral health, and mental health. The practice of psychology includes but is not limited to psychological testing and evaluation or assessment of personal characteristics such as intelligence, personality, abilities, interests, aptitudes, and neuropsychological functioning; counseling, psychoanalysis, psychotherapy, hypnosis, stress management, biofeedback, behavior analysis and therapy; diagnosis and treatment of mental and emotional disorder or disability, alcoholism and substance abuse, and of the psychological aspects of physical illness, accident, injury, or disability; psycho educational evaluation, therapy, remediation, and consultation. Psychological services may be rendered to individuals, families, groups, institutions, organizations, and the public. The practice of psychology shall be construed within the meaning of this definition without regard to whether payment is received for services rendered.

RS 37:§1742.1. Disclosure

1. Any person who provides information or makes recommendations regarding lifestyle modifications, food, dietary supplements, or homeopathic remedies, for a consulting fee, hereinafter referred to as a vendor, but who is not licensed as a health care provider as defined in R.S. 37:1744(A) or a dietitian as defined in R.S. 37:3083 shall, prior to providing such services, disclose to the consumer in a plainly worded statement all of the following:
   1. The name, business, and telephone number of the vendor.
   2. The fact that he or she is not licensed, certified, or registered as a health care provider in the state of Louisiana.
   3. That any food or dietary supplements being recommended are not medically prescribed drugs.
   4. If applicable, the degree or degrees, training, or credentials of the vendor regarding services provided.
2. Before a vendor provides information or recommendations to a consumer for a fee for the first time, such vendor shall obtain a written acknowledgment from the consumer stating that the consumer has been provided with the information in Subsection A of this Section and such acknowledgment shall be maintained for two years by the vendor. The consumer shall be provided with a copy of this written acknowledgment.
3. The attorney general or the local district attorney in the parish where the violator resides shall mail a certified letter to any vendor who violates this Section advising the vendor that he must immediately begin to disclose to his or her consumers information required in this Section.
4. This Section shall not apply to health care providers who are licensed in the state of Louisiana and who provide information and make recommendations regarding food, dietary supplements, homeopathic remedies or lifestyle modifications for a fee.
5. This Section shall not be interpreted to apply to, control, prevent, or restrict the practice, service, or activity of lawfully marketing, selling, or distributing products such as food, dietary supplements, or homeopathic remedies, educating consumers about such products, or explaining the use of such products.
6. A person providing information or recommendations for a fee who is acting under and in compliance with this Section shall not be in violation of R.S. 37:1271 for providing information or making recommendations regarding lifestyle modifications, food, dietary supplements, or homeopathic remedies.
7. As used in this Part, “lifestyle modifications” means the broad domain of traditional or homeopathic healthcare practices and other complementary health practices and services provided by a person who is not licensed, certified, or registered to perform, and who shall be prohibited from performing any of the following designated services or practices:
   1. Practicing medicine or performing surgery as defined in R.S. 37:1262.
   2. Prescribing or administering any procedure involving ionizing radiation.
   3. Prescribing, dispensing, administering, or recommending the discontinuance of a prescription drug or device.
   4. Performing an adjustment or manipulation of the articulations of the joints or spine.
   5. Holding out, stating, indicating, advertising, or otherwise implying he is a health care provider, as defined in R.S. 40:1231.1(A), or a physician, or medical doctor, or in any way licensed to practice medicine pursuant to Part I of Chapter 15 of this Title.
8. Nothing in this Part shall be construed as being applicable to a member of the clergy or religious non-medical care vendor.

Acts 2005, No. 334, §1; Acts 2006, No. 655, §1; Acts 2008, No. 524, §1; Acts 2018, No. 206, §3

Notes

1. It is unclear whether hypnotherapy involves “the application of psychological principles, methods and procedures” – which is required to be part of the “practice of psychology” under RS 37: §2352. Also, the phrase “the application of psychological principles, methods and 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 RS 37: §2352(7) – 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 Louisiana has gotten into legal trouble for practicing hypnosis or hypnotherapy.
4. Google searches reveal a number of unlicensed individuals advertising hypnotherapy services in Louisiana.
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.
6. Research did not reveal whether RS 37:§1742.1 would be interpreted in Louisiana to include hypnotherapy as long as the required disclosures are made.