State Laws for Hypnotherapists in Massachusetts

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 Massachusetts, the practice of psychology, which includes hypnosis, requires a license and involves using psychological methods to assess or change behavior, mental health, and personal effectiveness. However, the definition of psychological principles is broad, and it is unclear if hypnotherapy falls strictly under this definition.

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 126 hypnotherapists practicing/advertising in the State of Massachusetts.

Laws and Regulations

General Laws, chapter 112,

Section 118: Definitions applicable to Secs. 118 to 129A

Section 118. As used in sections one hundred and eighteen to one hundred and twenty-nine A, inclusive, the following words, unless the context clearly indicates otherwise, shall have the following meanings:

’’The practice of psychology’’, rendering or offering to render professional service for any fee, monetary or otherwise, to individuals, groups of individuals, organizations or members of the public which includes the observation, description, evaluation, interpretation, and modification of human behavior, by the application of psychological principles, methods and procedures, for the purpose of assessing or effecting changes in symptomatic, maladaptive or undesired behavior and issues pertaining to interpersonal relationships, work and life adjustment, personal effectiveness and mental health. The practice of psychology includes, but is not limited to, psychological testing, assessment and evaluation of intelligence, personality, abilities, attitudes, motivation, interests and aptitudes; counseling, psychotherapy, hypnosis, biofeedback training and behavior therapy; diagnosis and treatment of mental and emotional disorder or disability, alcoholism and substance abuse, and the psychological aspects of physical illness or disability; psychoeducational evaluation, therapy, remediation and consultation. Psychological services may be rendered to individuals, families, groups, and the public. For purposes of this definition, the practice of psychology does not include the teaching of psychology, the conduct of psychological research, or the provision of psychological consultation to organizations, unless such teaching research or consultation involves the delivery or supervision of the types of direct services described above, to individuals or groups of individuals.

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 Massachusetts General Laws, chapter 112, Section 118. Also, the phrase “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. Furthermore, hypnotherapy may be for the purpose of making beneficial improvements, rather than “for the purpose of assessing or effecting changes in symptomatic, maladaptive or undesired behavior and issues pertaining to interpersonal relationships, work and life adjustment, personal effectiveness and mental health” as specified under Massachusetts General Laws, chapter 112, Section 118.
2. It cannot be the case that the things listed under Massachusetts General Laws, chapter 112, Section 118 – 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 Massachusetts has gotten into legal trouble for practicing hypnosis or hypnotherapy.
4. Google searches reveal a number of unlicensed individuals advertising hypnotherapy services in Massachusetts.
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.