State Laws for Hypnotherapists in Montana

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 Montana, the practice of psychology, which includes hypnosis, requires a license and involves using psychological principles to evaluate, treat, and modify behavior. The definition of psychological principles is broad, and it is unclear if hypnotherapy falls strictly under this definition.

Many unlicensed individuals in Montana 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 62 hypnotherapists practicing/advertising in the State of Montana.

Laws and Regulations

37-17-102. Definitions. Unless the context requires otherwise, in this chapter, the following definitions apply:

2. “Board” means the board of psychologists provided for in 2-15-1741.

4. 1. “Practice of psychology” means the observation, description, 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 improving interpersonal relations, work and life adjustment, personal effectiveness, and mental health.
   2. 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, biofeedback, and behavior analysis and therapy; diagnosis and treatment of mental and emotional disorders or disabilities, chemical dependency, substance abuse, and the psychological aspects of physical illness, accident, injury, or disability; and psychoeducational evaluation, therapy, remediation, and consultation.
5. A person represents to the public that the person is a “psychologist” when the person uses a title or description of services incorporating the words “psychologist”, “psychological”, “psychologic”, or “psychology” and offers to render or renders psychological services described in subsection (4) to individuals, groups, corporations, or the public, whether or not the person does so for compensation or fee.

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 37-17-102(4)(a). 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 37-17-102(4)(b) – 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 Montana has gotten into legal trouble for practicing hypnosis or hypnotherapy.
4. Google searches reveal a number of unlicensed individuals advertising hypnotherapy services in Montana.
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.