State Laws for Hypnotherapists in Minnesota

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 Minnesota, hypnosis is included in the practice of psychology and naturopathic medicine, which require licenses. Unlicensed complementary and alternative health care practitioners can also practice hypnotherapy if they comply with specific disclosure requirements and do not claim to be licensed health professionals. Hypnotherapy for vocational and avocational self-improvement may not fall under the practice of psychology.

Many unlicensed individuals in Minnesota 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 116 hypnotherapists practicing/advertising in the State of Minnesota.

Laws and Regulations

147.081 PRACTICING WITHOUT LICENSE; PENALTY.

Subdivision 1. Unlawful practice of medicine. It is unlawful for any person to practice medicine as defined in subdivision 3 in this state unless:

1. the person holds a valid license issued according to this chapter; or
2. the person is registered to provide interstate telehealth services according to section 147.032.

Subd. 2. Penalty. Any person violating the provisions of subdivision 1 or section 147.082 is guilty of a gross misdemeanor.

Subd. 3. Practice of medicine defined. For purposes of this chapter, a person not exempted under section 147.09 is “practicing medicine” or engaged in the “practice of medicine” if the person does any of the following:

1. advertises, holds out to the public, or represents in any manner that the person is authorized to practice medicine in this state;
2. offers or undertakes to prescribe, give, or administer any drug or medicine for the use of another;
3. offers or undertakes to prevent or to diagnose, correct, or treat in any manner or by any means, methods, devices, or instrumentalities, any disease, illness, pain, wound, fracture, infirmity, deformity or defect of any person;
4. offers or undertakes to perform any surgical operation including any invasive or noninvasive procedures involving the use of a laser or laser assisted device, upon any person; or
5. offers to undertake to use hypnosis for the treatment or relief of any wound, fracture, or bodily injury, infirmity, or disease.

147.09 EXEMPTIONS.

Section 147.081 does not apply to, control, prevent or restrict the practice, service, or activities of:

15. An unlicensed complementary and alternative health care practitioner practicing according to chapter 146A.

148.89 DEFINITIONS.

…Subd. 5. Practice of psychology. “Practice of psychology” means the observation, description, evaluation, interpretation, prediction, or modification of human behavior by the application of psychological principles, methods, or procedures for the purpose of preventing, eliminating, evaluating, assessing, or predicting symptomatic, maladaptive, or undesired behavior; applying psychological principles in legal settings; and enhancing interpersonal relationships, work, life and developmental adjustment, personal and organizational effectiveness, behavioral health, and mental health. The practice of psychology includes, but is not limited to, the following services, regardless of whether the provider receives payment for the services:

1. psychological research and teaching of psychology subject to the exemptions in section 148.9075;
2. psychological testing and the evaluation or assessment of personal characteristics, such as intelligence, personality, cognitive, physical and emotional abilities, skills, interests, aptitudes, and neuropsychological functioning;
3. counseling, psychoanalysis, psychotherapy, hypnosis, biofeedback, and behavior analysis and therapy; diagnosis, treatment, and management of mental or emotional disorders or disabilities, substance use disorders, disorders of habit or conduct, and the psychological aspects of physical illness, accident, injury, or disability;…

147E.05 SCOPE OF PRACTICE.

Subdivision 1. Practice parameters.

1. The practice of naturopathic medicine includes, but is not limited to, the following services:
   1. ordering, administering, prescribing, or dispensing for preventive and therapeutic purposes: food, extracts of food, nutraceuticals, vitamins, minerals, amino acids, enzymes, botanicals and their extracts, botanical medicines, herbal remedies, homeopathic medicines, dietary supplements and nonprescription drugs as defined by the Federal Food, Drug, and Cosmetic Act, glandulars, protomorphogens, lifestyle counseling, hypnotherapy, biofeedback, dietary therapy, electrotherapy, galvanic therapy, oxygen, therapeutic devices, barrier devices for contraception, and minor office procedures, including obtaining specimens to assess and treat disease;
   2. performing or ordering physical examinations and physiological function tests;
   3. ordering clinical laboratory tests and performing waived tests as defined by the United States Food and Drug Administration Clinical Laboratory Improvement Amendments of 1988 (CLIA);
   4. referring a patient for diagnostic imaging including x-ray, CT scan, MRI, ultrasound, mammogram, and bone densitometry to an appropriately licensed health care professional to conduct the test and interpret the results;
   5. prescribing nonprescription medications and therapeutic devices or ordering noninvasive diagnostic procedures commonly used by physicians in general practice; and
   6. prescribing or performing naturopathic physical medicine.
      2. A registered naturopathic doctor may admit patients to a hospital if the naturopathic doctor meets the hospital’s governing body requirements regarding credentialing and privileging process.

Subd. 2. Prohibitions on practice.

1. The practice of naturopathic medicine does not include:
   1. administering therapeutic ionizing radiation or radioactive substances;
   2. administering general or spinal anesthesia;

   3. prescribing, dispensing, or administering legend drugs or controlled substances including chemotherapeutic substances;

      or

   4. performing or inducing abortions.
      2. A naturopathic doctor registered under this chapter shall not perform surgical procedures using a laser device or perform surgical procedures beyond superficial tissue.
      3. A naturopathic doctor shall not practice or claim to practice as a medical doctor, surgeon, osteopathic physician, dentist, podiatrist, optometrist, psychologist, advanced practice professional nurse, physician assistant, chiropractor, physical therapist, acupuncturist, dietician, nutritionist, or any other health care professional, unless the naturopathic physician also holds the appropriate license or registration for the health care practice profession.

146A.01 DEFINITIONS.

Subd. 3. Complementary and alternative health care client. “Complementary and alternative health care client” means an individual who receives services from an unlicensed complementary and alternative health care practitioner.

Subd. 4. Complementary and alternative health care practices.

1. “Complementary and alternative health care practices” means the broad domain of complementary and alternative healing methods and treatments, including but not limited to: (1) acupressure; (2) anthroposophy; (3) aroma therapy; (4) ayurveda; (5) cranial sacral therapy; (6) culturally traditional healing practices; (7) detoxification practices and therapies; (8) energetic healing; (9) polarity therapy; (10) folk practices; (11) healing practices utilizing food, food supplements, nutrients, and the physical forces of heat, cold, water, touch, and light; (12) Gerson therapy and colostrum therapy; (13) healing touch; (14) herbology or herbalism; (15) homeopathy; (16) nondiagnostic iridology; (17) body work, massage, and massage therapy; (18) meditation; (19) mind- body healing practices; (20) naturopathy; (21) noninvasive instrumentalities; and (22) traditional Oriental practices, such as Qi Gong energy healing.
2. Complementary and alternative health care practices do not include surgery, x-ray radiation, administering or dispensing legend drugs and controlled substances, practices that invade the human body by puncture of the skin, setting fractures, the use of medical devices as defined in section 147A.01, any practice included in the practice of dentistry as defined in section 150A.05, subdivision 1, or the manipulation or adjustment of articulations of joints or the spine as described in section 146 .23 or 148.01.
3. Complementary and alternative health care practices do not include practices that are permitted under section 147.09, clause (11), or 148.271, clause (5).
4. This chapter does not apply to, control, prevent, or restrict the practice, service, or activity of lawfully marketing or distributing food products, including dietary supplements as defined in the federal Dietary Supplement Health and Education Act, educating customers about such products, or explaining the uses of such products. Under Minnesota law, an unlicensed complementary and alternative health care practitioner may not provide a medical diagnosis or recommend discontinuance of medically prescribed treatments.

…Subd. 6. Unlicensed complementary and alternative health care practitioner. “Unlicensed complementary and alternative health care practitioner” means a person who:

1. either:
   1. is not licensed or registered by a health-related licensing board or the commissioner of health; or
   2. is licensed or registered by the commissioner of health or a health-related licensing board other than the Board of Medical Practice, the Board of Dentistry, the Board of Chiropractic Examiners, or the Board of Podiatric Medicine, but does not hold oneself out to the public as being licensed or registered by the commissioner or a health-related licensing board when engaging in complementary and alternative health care;
2. has not had a license or registration issued by a health-related licensing board or the commissioner of health revoked or has not been disciplined in any manner at any time in the past, unless the right to engage in complementary and alternative health care practices has been established by order of the commissioner of health;
3. is engaging in complementary and alternative health care practices; and
4. is providing complementary and alternative health care services for remuneration or is holding oneself out to the public as a practitioner of complementary and alternative health care practices.

146A.11 COMPLEMENTARY AND ALTERNATIVE HEALTH CARE CLIENT BILL OF RIGHTS.

Subdivision 1.Scope.

1. All unlicensed complementary and alternative health care practitioners shall provide to each complementary and alternative health care client prior to providing treatment a written copy of the complementary and alternative health care client bill of rights. A copy must also be posted in a prominent location in the office of the unlicensed complementary and alternative health care practitioner. Reasonable accommodations shall be made for those clients who cannot read or who have communication disabilities and those who do not read or speak English. The complementary and alternative health care client bill of rights shall include the following:
   1. the name, complementary and alternative health care title, business address, and telephone number of the unlicensed complementary and alternative health care practitioner;

   2. the degrees, training, experience, or other qualifications of the practitioner regarding the complementary and alternative health care being provided, followed by the following statement in bold print:

      “THE STATE OF MINNESOTA HAS NOT ADOPTED ANY EDUCATIONAL AND TRAINING STANDARDS FOR UNLICENSED COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTITIONERS. THIS STATEMENT OF CREDENTIALS IS FOR INFORMATION PURPOSES ONLY.

      Under Minnesota law, an unlicensed complementary and alternative health care practitioner may not provide a medical diagnosis or recommend discontinuance of medically prescribed treatments. If a client desires a diagnosis from a licensed physician, chiropractor, or acupuncture practitioner, or services from a physician, chiropractor, nurse, osteopathic physician, physical therapist, dietitian, nutritionist, acupuncture practitioner, athletic trainer, or any other type of health care provider, the client may seek such services at any time.”

   3. the name, business address, and telephone number of the practitioner’s supervisor, if any;
   4. notice that a complementary and alternative health care client has the right to file a complaint with the practitioner’s supervisor, if any, and the procedure for filing complaints;
   5. the name, address, and telephone number of the office of unlicensed complementary and alternative health care practice and notice that a client may file complaints with the office;
   6. the practitioner’s fees per unit of service, the practitioner’s method of billing for such fees, the names of any insurance companies that have agreed to reimburse the practitioner, or health maintenance organizations with whom the practitioner contracts to provide service, whether the practitioner accepts Medicare or medical assistance, and whether the practitioner is willing to accept partial payment, or to waive payment, and in what circumstances;
   7. a statement that the client has a right to reasonable notice of changes in services or charges;
   8. a brief summary, in plain language, of the theoretical approach used by the practitioner in providing services to clients;
   9. notice that the client has a right to complete and current information concerning the practitioner’s assessment and recommended service that is to be provided, including the expected duration of the service to be provided;
   10. a statement that clients may expect courteous treatment and to be free from verbal, physical, or sexual abuse by the practitioner;
   11. a statement that client records and transactions with the practitioner are confidential, unless release of these records is authorized in writing by the client, or otherwise provided by law;
   12. a statement of the client’s right to be allowed access to records and written information from records in accordance with sections 144.291 to 144.298;
   13. a statement that other services may be available in the community, including where information concerning services is available;
   14. a statement that the client has the right to choose freely among available practitioners and to change practitioners after services have begun, within the limits of health insurance, medical assistance, or other health programs;
   15. a statement that the client has a right to coordinated transfer when there will be a change in the provider of services;
   16. a statement that the client may refuse services or treatment, unless otherwise provided by law; and
   17. a statement that the client may assert the client’s rights without retaliation.
       2. This section does not apply to an unlicensed complementary and alternative health care practitioner who is employed by or is a volunteer in a hospital or hospice who provides services to a client in a hospital or under an appropriate hospice plan of care. Patients receiving complementary and alternative health care services in an inpatient hospital or under an appropriate hospice plan of care shall have and be made aware of the right to file a complaint with the hospital or hospice provider through which the practitioner is employed or registered as a volunteer.
       3. This section does not apply to a health care practitioner licensed or registered by the commissioner of health or a health- related licensing board who utilizes complementary and alternative health care practices within the scope of practice of the health care practitioner’s professional license.

Subd. 2. Acknowledgment by client. Prior to the provision of any service, a complementary and alternative health care client must sign a written statement attesting that the client has received the complementary and alternative health care client bill of rights.

Notes

1. It is unclear whether hypnotherapy involves “the application of psychological principles, methods, or procedures” – which is required to be part of the “practice of psychology” under 148.89. Also, the phrase “the application of psychological principles, methods or 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 “preventing, eliminating, evaluating, assessing, or predicting symptomatic, maladaptive, or undesired behavior; applying psychological principles in legal settings; and enhancing interpersonal relationships, work, life and developmental adjustment, personal and organizational effectiveness, behavioral health, and mental health” as specified in 148.89.
2. It cannot be the case that the things listed under 148.89 – 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 Minnesota has gotten into legal trouble just for practicing hypnosis or hypnotherapy.
4. Google searches reveal a number of unlicensed individuals advertising hypnotherapy services in Minnesota.
5. The laws listed above are “Titling Acts” that outlines what licensed psychologists, doctors and naturopathic doctors can do. They do not outline what everyone else other than licensed psychologists, doctors and naturopathic doctors can and cannot do.

6. At the request of a member of the Minnesota House of Representatives, the non-partisan Minnesota House of Representatives Research Staff clarified:

   “Minnesota Statutes § 147.081, subdivision 3, paragraph (5) does list hypnosis for treatment or relief of any injury or disease as an activity constituting the practice of medicine, which requires a license from the Board of Medical Practice. However, section 147.09 provides a list of those exempt from Section 147.081. In 2000, the legislature amended the section to add 147.09 (15), specifically exempting unlicensed complementary and alternative health care practitioners practicing under Ch. 146A. As a result, hypnotists practicing under 146A and complying with its requirements should not be subject to discipline under Section 147.081 for unlawful practice of medicine, and the statutes are not in conflict.”