State Laws for Hypnotherapists in New Jersey

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 Jersey, hypnotherapists, referred to as hypnocounselors, are allowed to practice without a psychology license under certain conditions. They can assist with stress management, altering habits, increasing motivation, and enhancing creative, artistic, and scholastic endeavors, as long as these activities are not related to medical or mental health disorders. Proper compliance and documentation are essential to avoid legal complications.

Many unlicensed individuals in New Jersey advertise hypnotherapy services online.

Legal Case Highlights

Licensure Requirements: N.J.A.C. 13:42-1.1 mandates a license for practicing psychology, which includes hypnotherapy.

Hypnocounseling Exemption: N.J.A.C. 13:42-1.2(b) allows hypnocounselors to practice without a license for non-medical purposes, such as stress management, habit alteration, and motivation enhancement.

In 2020, a New Jersey hypnotist was arrested for giving illegal prostate exams, highlighting the need to stay within the defined scope of practice.

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 162 hypnotherapists practicing/advertising in the State of New Jersey.

Laws and Regulations

N.J.A.C. 13:42-1.1

New Jersey Administrative Code TITLE 13. LAW AND PUBLIC SAFETY CHAPTER 42. BOARD OF PSYCHOLOGICAL EXAMINERS SUBCHAPTER 1. SCOPE OF PRACTICE; PERSONS REQUIRING LICENSURE; EXEMPTIONS FROM LICENSURE; UNLICENSED PRACTICE

§ 13:42-1.1 Scope of practice

1. The scope of practice of a licensed psychologist includes, but is not limited to, the use or advertisement of the use of theories, principles, procedures, techniques or devices of psychology, whether or not for a fee or other recompense. Psychological services include, but are not limited to:
   1. Psychological assessment of a person or group including, but not limited to: administration or interpretation of psychological tests and devices for the purpose of educational placement, job placement, job suitability, personality evaluation, intelligence, psychodiagnosis, treatment planning and disposition; career and vocational planning and development; personal development; management development; institutional placements; and assessments in connection with legal proceedings and the actions of governmental agencies including, but not limited to, cases involving education, divorce, child custody, disability issues and criminal matters;
   2. Psychological intervention or consultation in the form of verbal, behavioral or written interaction to promote optimal development or growth or to ameliorate personality disturbances or maladjustments of an individual or group. Psychological intervention includes, but is not limited to, individual, couples, group and family psychotherapy, and psychological consultation includes consultation to or for private individuals, groups and organizations and to or for governmental agencies, police and any level of the judicial system;
   3. Use of psychological principles, which are operating assumptions derived from the theories of psychology that include, but are not limited to: personality, motivation, learning and behavior systems, psychophysiological psychology including biofeedback, neuropsychology, cognitive psychology and psychological measurement; and
   4. Use of psychological procedures, which are applications employing the principles of psychology and associated techniques, instruments and devices. These procedures include, but are not limited to, psychological interviews, counseling, psychotherapy, hypnotherapy, biofeedback, and psychological assessments.

N.J.A.C. 13:42-1.2

New Jersey Administrative Code TITLE 13. LAW AND PUBLIC SAFETY CHAPTER 42. BOARD OF PSYCHOLOGICAL EXAMINERS SUBCHAPTER 1. SCOPE OF PRACTICE; PERSONS REQUIRING LICENSURE; EXEMPTIONS FROM LICENSURE; UNLICENSED PRACTICE

§ 13:42-1.2 Persons requiring licensure; persons not requiring licensure

1. Persons requiring licensure include all those whose conduct is within the scope of practice set forth in N.J.A.C. 13:42-1.1 and whose practice is not otherwise exempt pursuant to N.J.S.A. 45:14B-6, and 45:14B-8, N.J.A.C. 13:42-1.4 and 1.5 and (b) below, including the following:
   1. Persons offering services to the public in private practice, in partnership with other licensed health care professionals, in professional service corporations as shareholders or employees, and in or affiliated with all forms of managed health care organizations (for example, HMO, PPO, IPA, etc.); and
   2. Employees of general business corporations to the extent such practice is permitted pursuant to N.J.A.C. 13:42 -7.5.
2. Persons not requiring licensure are limited to persons engaged in the practice of hypnocounseling as well as those whose conduct and practice is exempt from licensure pursuant to this subchapter.
   1. For purposes of this subsection, hypnocounseling means the induction of a hypnotic state by applying individualized techniques to induce hypnosis in order to assist clients with stress management not related to a medical or mental health disorder, altering habits such as smoking and weight management, increasing client motivation in employment, the workplace and in sports activities and enhancing creative, artistic and scholastic endeavors.
   2. The services of a hypnocounselor shall be limited to:
      1. Interviewing a client to determine the nature of the client’s problem;
      2. Assessing the client’s suitability for hypnocounseling;
      3. Testing a prospective client to determine the client’s level of suggestibility;
      4. Preparing clients for hypnosis through an explanation of the process and procedures used as well as a description of the resulting hypnotic state to be experienced by the client;
      5. Teaching self-hypnosis to clients;
      6. Inducing the hypnotic state; and
      7. Applying hypnotic techniques.

Notes

1. § 13:42-1.2 specifically states that a psychology license is not needed to hypnotize a person to: (a) help with stress management that is not related to a medical or mental health disorder; (b) alter habits such as smoking and weight management; (c) increase client motivation in employment, the workplace and in sport activities; and (d) enhance creative, artistic and scholastic endeavors.
2. It is unclear whether § 13:42-1.2 should be interpreted to allow or not allow unlicensed hypnotists to work on issues related to medical or mental health disorders if an appropriate referral has been obtained from a licensed doctor or licensed psychologist.
3. We are not aware of any cases in which a person in New Jersey 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 Jersey.
5. We are aware of a case in 2020 in which a New Jersey hypnotist was arrested for giving illegal prostate exams to patients. He was charged with sexual assault, endangering the welfare of a child, and practicing medicine without a license.
6. Although § 13:42-1.2 refers to hypnotists and hypnotherapists as “hypnocounselors”, there is no requirement that hypnotists and hypnotherapists use that title in their practices, advertising, etc. in New Jersey.