State Laws for Hypnotherapists in New Hampshire

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 New Hampshire, the practice of psychology, which includes hypnosis, requires a license and involves applying 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 New Hampshire 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, a New Hampshire hypnotist was charged with sexually assaulting a woman during a hypnosis session.

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 51 hypnotherapists practicing/advertising in the State of New Hampshire.

Laws and Regulations

TITLE XXX

OCCUPATIONS AND PROFESSIONS CHAPTER 329-B

PSYCHOLOGISTS

Section 329-B:2

329-B:2 Definitions. –

In this chapter:…

VII. “Psychology practice by a licensed psychologist” means:

1. The observation, description, evaluation, interpretation, prediction, and modification of human behavior by the application of psychological principles, methods, and procedures, for the purposes of:
   1. Preventing, eliminating, evaluating, assessing, or predicting symptomatic, maladaptive, or undesired behavior;
   2. Evaluating, assessing, or facilitating the enhancement of individual, group, or organizational effectiveness, including personal effectiveness, adaptive behavior, interpersonal relationships, work and life adjustment, health, and individual, group, or organizational performance; or
   3. Assisting in legal decision-making.
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, consultation, psychoanalysis, psychotherapy, hypnosis, biofeedback, and behavior analysis and therapy;
4. Diagnosis, treatment, and management of mental and emotional disorder or disability, alcoholism and substance abuse, disorders of habit or conduct, and the psychological and behavioral aspects of medical/physical illness, accident, injury, or disability;
5. Psycho-educational evaluation, therapy, and remediation;
6. Consultation and coordination with other psychologists, physicians, other health care professionals, and patients regarding all available treatment options, including medication, with respect to provision of care for a specific client or patient or group;
7. Provision of direct services to individuals or groups for the purpose of enhancing individual and organizational effectiveness, or using psychological principles, methods, or procedures to assess and evaluate individuals on personal characteristics for individual development or behavior change, or for making decisions about the individual, such as selection;
8. Provision of any of these services or activities by any means, including electronic or telephonic; and
9. The supervision, ordering, referring, and prescribing of any of these services or activities;

The practice of psychology shall be construed within the meaning of this definition without regard to whether payment is received for services rendered….

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 329-B:2 VII. 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 329-B:2 VII – 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 New Hampshire has gotten into legal trouble just for practicing hypnosis or hypnotherapy.
4. Google searches reveal a number of unlicensed individuals advertising hypnotherapy services in New Hampshire.
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. We are aware of a New Hampshire hypnotist in 2014 who was charged with sexually assaulting a woman during a hypnosis session. During the hypnosis session, the victim alleged that the suspect put his hands on her in a sexual manner.