State Laws for Hypnotherapists in Rhode Island

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 Rhode Island, practicing psychology requires a license and includes activities like counseling, psychotherapy, and hypnotherapy. However, unlicensed health care practitioners can practice certain alternative therapies, including hypnosis, if they provide clients with a bill of rights and adhere to specific guidelines.

Many unlicensed individuals advertise hypnotherapy services online in Rhode Island.

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 23 hypnotherapists practicing/advertising in the State of Rhode Island.

Laws and Regulations

Title 5

Businesses and Professions Chapter 44

Psychologists

R.I. Gen. Laws § 5-44-1

§ 5-44-1. Definitions.

As used in this chapter:…

7. “Practice of psychology” means the rendering of professional psychological services to individuals, groups, families, or any public or private organization for remuneration. Professional psychological services means applying established psychological principles, methods, or procedures for the purpose of preventing or eliminating symptomatic, maladaptive, or undesired behavior and of enhancing interpersonal relationships, work and life adjustment, personal effectiveness, and mental health. The practice of psychology includes, but is not limited to:
   1. Diagnoses and treatment of emotional, mental, or behavioral dysfunction, disorder, or disability, alcoholism and substance- abuse disorders of habit or conduct, as well as of the psychological aspects of physical illness, accident, injury, or disability;
   2. Psychological testing and evaluation of intelligence, personality, abilities, interests, aptitudes, and neuropsychological functioning;
   3. Psychoeducation evaluation, therapy, remediation, and consultation; and Counseling, psychotherapy, psychoanalysis, hypnotherapy, biofeedback, and behavior analysis and therapy.

Title 23

Health and Safety Chapter 74

Unlicensed Health Care Practices

R.I. Gen. Laws § 23-74-1

§ 23-74-1. Definitions and applicability.

1. As used in this chapter, the following terms have the following meanings:
   1. “Director” or “director of health” means the director of the department of health or the director’s designee;
   2. “Unlicensed health care client” means an individual who receives services from an unlicensed health care practitioner;
   3. “Unlicensed health care practices” means the broad domain of unlicensed healing methods and treatments, including, but not limited to: (i) acupressure; (ii) Alexander technique; (iii) aroma therapy; (iv) ayurveda; (v) cranial sacral therapy; (vi) crystal therapy; (vii) detoxification practices and therapies; (viii) energetic healing; (ix) rolfing; (x) Gerson therapy and colostrum therapy; (xi) therapeutic touch; (xii) herbology or herbalism; (xiii) polarity therapy; (xiv) homeopathy; (xv) nondiagnostic iridology; (xvi) body work; (xvii) reiki; (xviii) mind-body healing practices; (ixx) naturopathy; and (xx) Qi Gong energy healing. “Unlicensed health care practices” do not include surgery, x-ray radiation, prescribing, administering, or dispensing legend drugs and controlled substances, practices that invade the human body by puncture of the skin, setting fractures, any practice included in the practice of dentistry, the manipulation or adjustment of articulations of joints, or the spine, also known as chiropractic medicine as defined in chapter 30 of title 5, the healing art of acupuncture as defined in chapter 37.2 of title 5, or practices that are permitted under § 5-37-15 or § 5-34-31(6).
   4. “Unlicensed health care practitioner” means a person who:
      1. Is not licensed by a health-related licensing board or the director of health; or holds a license issued by a health-related licensing board or the department of health in this state, but does not hold oneself out to the public as being licensed or registered by the director or a health-related licensing board when engaging in unlicensed health care;
      2. Has not had a license issued by a health-related licensing board or the director of health revoked or suspended without reinstatement unless the right to engage in unlicensed health care practices has been established by order of the director of health;
      3. Is engaging in unlicensed health care practices; and
      4. Is providing unlicensed health care services for remuneration or is holding oneself out to the public as a practitioner of unlicensed health care practices.
2. 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 [see 21 U.S.C. § 321(ff)], educating customers about those products, or explaining the uses of those products. Under Rhode Island law, an unlicensed health care practitioner may not provide a medical diagnosis.
3. A health care practitioner, licensed or registered by the director or a health-related licensing board, who engages in unlicensed health care while practicing under the practitioner’s license or registration, shall be regulated by and be under the jurisdiction of the applicable health-related licensing board with regard to the unlicensed health care practices.
4. Subject to the provisions of this chapter, persons in Rhode Island are authorized to practice as unlicensed health care practitioners and receive remuneration for their services.
5. 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 [see 21 U.S.C. § 321(ff)], educating customers about those products, or explaining the uses of those products. Under Rhode Island law, an unlicensed health care practitioner may not provide a medical diagnosis.
6. A health care practitioner, licensed or registered by the director or a health-related licensing board, who engages in unlicensed health care while practicing under the practitioner’s license or registration, shall be regulated by and be under the jurisdiction of the applicable health-related licensing board with regard to the unlicensed health care practices.
7. Subject to the provisions of this chapter, persons in Rhode Island are authorized to practice as unlicensed health care practitioners and receive remuneration for their services.
8. 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 [see 21 U.S.C. § 321(ff)], educating customers about those products, or explaining the uses of those products. Under Rhode Island law, an unlicensed health care practitioner may not provide a medical diagnosis.
9. A health care practitioner, licensed or registered by the director or a health-related licensing board, who engages in unlicensed health care while practicing under the practitioner’s license or registration, shall be regulated by and be under the jurisdiction of the applicable health-related licensing board with regard to the unlicensed health care practices.
10. Subject to the provisions of this chapter, persons in Rhode Island are authorized to practice as unlicensed health care practitioners and receive remuneration for their services.

§ 23-74-14. Unlicensed health care client bill of rights.

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

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

      “The state of Rhode Island has not adopted any educational and training standards for unlicensed health care practitioners. This statement of credentials is for information purposes only. Under Rhode Island law, an unlicensed health care practitioner may not provide a medical diagnosis. If a client desires a diagnosis from a licensed physician, chiropractor, or acupuncture practitioner, or services from a physician, chiropractor, nurse, osteopath, physical therapist, dietician, 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 an unlicensed 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 department and notice that a client may file complaints with the department;
   6. The practitioner’s fees per unit of service, the practitioner’s method of billing for the fees, the names of any insurance companies that agreed to reimburse the practitioner, or health maintenance organizations with whom the practitioner contracts to provide service, whether the practitioner accepts Medicare, medical assistance, or general assistance medical care, 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 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 the provisions of this chapter;
   13. 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;
   14. A statement that the client has a right to a coordinated transfer when there will be a change in the provider of services;
   15. A statement that the client may refuse services or treatment, unless otherwise provided by law; and
   16. A statement that the client may assert the client’s rights without retaliation.
       2. Acknowledgement by client. Prior to the provision of any service, an unlicensed health care client must sign a written statement attesting that the client has received the unlicensed health care client bill of rights.

Notes

1. It is unclear whether hypnotherapy involves “applying established psychological principles, methods, or procedures” – which is required to be part of the “practice of psychology” under § 5-44-1. Also, the phrase “applying established 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 § 5-44-1– 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 Rhode Island has gotten into legal trouble just for practicing hypnosis or hypnotherapy.
4. Google searches reveal a number of unlicensed individuals advertising hypnotherapy services in Rhode Island.

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.