State Laws for Hypnotherapists in Nevada

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 Nevada, the practice of psychology, including 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 Nevada 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.)

In 2014, the Nevada Board of Psychological Examiners sent cease and desist letters to unlicensed hypnotherapists. However, these letters were withdrawn after opposition from the Hypnotherapists Union Local 472. Since then, hypnotherapists have not faced problems practicing in Nevada.

Some stage/entertainment hypnotists in Nevada have been sued when volunteers participating in their hypnosis shows have gotten hurt by allegedly unreasonably dangerous conditions.

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 141 hypnotherapists practicing/advertising in the State of Nevada.

Laws and Regulations

NRS 641.025 “Practice of psychology” defined. “Practice of psychology” means the observation, description, evaluation, interpretation or modification of human behavior by the application of psychological principles, methods or procedures to prevent or eliminate problematic, unhealthy or undesired behavior and to enhance personal relationships and behavioral and mental health. The term includes, without limitation, such specialized areas of competence as:

1. Psychological testing and the evaluation of personal characteristics, including, without limitation, intelligence, personality, abilities, interests, aptitudes and neuropsychological functioning;
2. Counseling;
3. Psychoanalysis;
4. Psychotherapy;
5. Hypnosis;
6. Biofeedback;
7. Analysis and therapy relating to behavior;
8. Diagnosis and treatment of mental or emotional disorders and alcohol and other substance use disorders, including, without limitation, disorders of habit or conduct;
9. Psychological aspects of physical injury, illness, accident or disability; and
10. Evaluation, therapy, remediation and consultation relating to the academic performance of the patient.

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 NRS 641.025. 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.
2. It cannot be the case that the things listed under NRS 641.025 – 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 Nevada has gotten into legal trouble recently just for practicing hypnosis or hypnotherapy.
4. Google searches reveal a number of unlicensed individuals advertising hypnotherapy services in Nevada.
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. Some stage/entertainment hypnotists in Nevada have been sued when volunteers participating in their hypnosis shows have gotten hurt by allegedly unreasonably dangerous conditions.
7. In 2014, the Nevada Board of Psychological Examiners (“NBPE”) sent “cease and desist” letters to unlicensed hypnotherapists working in Nevada requiring them to stop their hypnotherapy practices immediately or to face penalties. The NBPE claimed that the practice of hypnosis is part of the practice of psychology as defined by NRS 641.025, so only licensed psychologists could engage in hypnosis. However, the Hypnotherapists Union Local 472 fought back by arguing, for example, that when the NBPE’s lobbyists in 1995 proposed to add “hypnosis” to NRS 641.025, they represented to the Nevada legislature that their intent was to make clear that licensed psychologists could do hypnosis –- not to limit anyone else from being able to use hypnosis. In response, the NBPE voluntarily withdrew the cease and desist letters. To our knowledge, hypnotherapists have not had any problems practicing in Nevada after that.