State Laws for Hypnotherapists in Maine

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 Maine, hypnosis is included in the practice of psychology and naturopathic medicine, both of which require a license. Complementary and alternative health care providers, including those offering hypnotherapy, must disclose their lack of licensure and their qualifications to clients. These providers cannot perform certain medical procedures or imply they are licensed health professionals.

Many unlicensed individuals in Maine 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 15 hypnotherapists practicing/advertising in the State of Maine.

Laws and Regulations

Title 32: PROFESSIONS AND OCCUPATIONS Chapter 56: PSYCHOLOGISTS

Subchapter 1: GENERAL PROVISIONS

§3811-A

§3811. Definition of practice of psychology

Two levels of psychological practice are defined for the purpose of this chapter. Such levels shall be known and referred to as “psychological examiner” and “psychologist”. [PL 1967, c. 544, §82 (NEW).]

1. Psychological examiner. A person practices as a “psychological examiner” within the meaning of this chapter when he holds himself out to be a psychological examiner, or renders to individuals or to the public for remuneration services involving the application of recognized principles, methods and procedures of the science and profession of psychology, but limited to interviewing or administering and interpreting tests of mental abilities, aptitudes, interests and personality characteristics, for such purposes as psychological evaluation or for educational or vocational selection, guidance or placement. A psychological examiner may provide intervention, such as consultation, behavior management or social skills training under the supervision of a licensed psychologist or as otherwise provided in law or rules issued in accordance with this chapter. A psychological examiner may not provide psychotherapy services under any circumstances. The State Board of Examiners of Psychologists shall establish rules for supervision of psychological examiners for intervention services.

   [PL 1985, c. 481, Pt. A, §55 (AMD).]

2. Psychologist. A person practices as a “psychologist” within the meaning of this chapter when he holds himself out to be a psychologist or renders to individuals or to the public for remuneration any service involving the application of recognized principles, methods and procedures of the science and profession of psychology. Services which may be provided by psychologists include diagnosing, assessing and treating mental, emotional and psychological illness, disorders, problems and concerns and evaluation and treatment of vocational, social, educational, behavioral, intellectual and learning and cognitive disorders. These functions are performed through recognized psychological techniques such as, but not limited to, psychological testing, psychological interviews, psychological assessments, psychotherapy, personality counseling, behavior modification, cognitive therapies, learning therapies, biofeedback, hypnotherapy and psychological consultation to individuals and organizations.

Title 32: PROFESSIONS AND OCCUPATIONS

Chapter 113-B: COMPLEMENTARY HEALTH CARE PROVIDERS

Subchapter 3: NATUROPATHIC MEDICINE LICENSING REQUIREMENTS AND SCOPE OF PRACTICE

§12523

§12522. Scope of practice

1. Medicines and therapies. A naturopathic doctor may use and order for preventative and therapeutic purposes the following natural medicines and therapies: food, food extracts, vitamins, minerals, enzymes, digestive aids, whole gland thyroid and other natural hormones, plant substances, all homeopathic preparations, immunizations, counseling, hypnotherapy, biofeedback, dietary therapy, naturopathic manipulative therapy, naturopathic physical medicine, therapeutic devices, barrier devices for contraception and office procedures. Naturopathic doctors may also prescribe medications, including natural antibiotics and topical medicines, within the limitations set forth in subsection 4.

This subsection may not be construed to prevent an individual other than a naturopathic doctor from using, ordering or recommending any of the above listed items as long as the individual is not prohibited from doing so by any other federal or state statute or regulation.

Title 32: PROFESSIONS AND OCCUPATIONS

Chapter 113-B: COMPLEMENTARY HEALTH CARE PROVIDERS Subchapter 6: COMPLEMENTARY AND ALTERNATIVE HEALTH CARE

§ 12601. Short title

This subchapter may be known and cited as “the Right to Practice Complementary and Alternative Health Care Act.”

1. Prohibited acts. A person providing complementary or alternative health care services under this subchapter may not engage in any of the following activities:
   1. Performing surgery, setting fractures or performing any other procedure on a person that punctures the skin;
   2. Administering or prescribing radiation, including x-ray radiation;
   3. Prescribing or administering medications, drugs or devices that require a prescription from a licensed health care professional;
   4. Recommending the discontinuance of medications or drugs or the use of devices prescribed by a licensed health care professional;
   5. Performing chiropractic adjustment of joints or spine; or
   6. Acting in any way that suggests, advertises or implies that the person providing complementary or alternative health care services is licensed as a health care professional under any other chapter of this Title.
2. Required disclosures. A person who provides complementary or alternative health care services under this subchapter and is advertising or charging a fee for those services shall, prior to providing services, disclose the following in writing to the person receiving services:
   1. The name, business address and telephone number of the person providing complementary or alternative health care services;
   2. The fact that the person providing complementary or alternative health care services is not a licensed health care professional;
   3. The nature of the complementary or alternative health care services to be provided; and
   4. The degrees, training, experience, credentials or other qualifications of the person providing complementary or alternative health care services. A written copy of the disclosures required under this subsection must be posted in a prominent location on the premises where the complementary or alternative health care services are being provided.
3. Acknowledgment required. Prior to providing complementary or alternative health care services to another person for the first time, the person providing services shall obtain a written, signed statement that the disclosures required in subsection 2 have been provided and understood. The written, signed statement must be retained for 2 years by the person providing the complementary or alternative health care services.
4. Relief. This subchapter does not limit the right of any person to seek relief for negligence or other civil remedy against a person providing complementary or alternative health care services subject to this subchapter.
5. Scope of practice. This subchapter does not affect the scope of practice of a health care professional licensed under this Title. This subchapter may not be construed to prevent a person from providing complementary or alternative health care services that would otherwise be exempt under this Title. This subchapter may not be construed to require a person to be licensed to provide services that would be exempt under this Title.

Notes

1. It is unclear whether hypnotherapy involves “the application of recognized principles, methods and procedures of the science and profession of psychology” – which is required to be part of the under §3811. Also, the phrase “the application of recognized principles, methods and procedures of the science and profession 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. Furthermore, hypnotherapy may be for the purpose of making beneficial improvements, rather than for “treating mental, emotional and psychological illness, disorders, problems and concerns and evaluation and treatment of vocational, social, educational, behavioral, intellectual and learning and cognitive disorders.” as specified in §3811(2).
2. It cannot be the case that the things listed under §3811(2) – such as hypnotherapy – are meant to be exclusively reserved to licensed psychologists. Otherwise, only licensed psychologists would be permitted to treat vocational, social, educational, behavioral, intellectual and learning and cognitive disorders.
3. We are not aware of any cases in which a person in Maine has gotten into legal trouble for practicing hypnosis or hypnotherapy.
4. Google searches reveal a number of unlicensed individuals advertising hypnotherapy services in Maine.
5. The laws listed above are “Titling Acts” that outline what licensed psychologists and naturopathic doctors can do. They do not outline what everyone else other than licensed psychologists and naturopathic doctors can and cannot do.