State Laws for Hypnotherapists in South Carolina

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 South Carolina, practicing psychology requires a license and includes activities like counseling, psychotherapy, and hypnotherapy. However, the laws defining the practice of psychology and professional counseling are broad and could be interpreted to cover various non-medical fields. Unlicensed individuals can still provide hypnotherapy if they avoid using specific titles like hypnotherapist or counselor in their advertising.

Many unlicensed individuals advertise hypnotherapy services online in South Carolina.

Legal Case Highlights

The South Carolina Board of Examiners in Psychology has taken action against unlicensed individuals advertising as hypnotherapists or counselors. These individuals were required to stop using these titles to avoid legal consequences. The Board ceased its actions when these individuals complied with removing the titles.

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 50 hypnotherapists practicing/advertising in the State of South Carolina.

Laws and Regulations

TITLE 40. PROFESSIONS AND OCCUPATIONS

CHAPTER 55. Psychologists Article 1. General Provisions

SECTION 40-55-50. Acts constituting practice as psychologist.

1. A person practices as a psychologist within the meaning of this chapter when that person holds himself or herself out as a psychologist or applies the principles, methods, or procedures of psychology in the conduct of any of the following activities:
   1. Assessment of individual, family, or group behavioral, emotional, and/or intellectual functioning for the purpose of one or more of the following:
      1. diagnosing mental disorders;
      2. identifying psychological or neuropsychological aspects of other dysfunctions, diseases, or disabilities;
      3. evaluating mental or emotional status including intelligence and aptitude;
      4. identifying personality characteristics;
      5. identifying psychological factors influencing well-being;
      6. selecting, placing, or referring into treatments, programs, or settings;
      7. evaluating the effectiveness of treatments, programs, or settings;
      8. preventing mental disorders or maladaptive behavior related to other dysfunction, disease, or disability.

      For purposes of this section, “assessment” refers to, but is not limited to, one or more of the following practices insofar as they involve the application of psychological principles, methods, or procedures: observation, description, testing, appraisal, evaluation, screening, test interpretation, interviewing, diagnosis of mental disorders, neuropsychological testing, psychological testing or evaluation or psycho-educational testing or evaluation, or a combination of any of these for any of the purposes identified in this item.

   2. Engaging in a therapeutic relationship with an individual, family, or group for the purpose of one or more of the following:
      1. improving the quality of mental health or social adjustment, or both;
      2. reducing, preventing, modifying, or eliminating maladaptive or undesired behaviors, cognitions, emotions, or psychological or physical characteristics;
      3. treating diagnosed mental disorders, whether treatment is focused on behavioral manifestations of the disorder, the environmental context of the disorder, or underlying causal processes;
      4. improving individual performance;
      5. modifying cognitions, emotions, or behaviors, or a combination of these, in order to influence psychological well-being;
      6. psychological research; or
      7. any combination of subitems (a) through (f).

      For purposes of this section, a “therapeutic relationship”, except as provided for in Section 40-55-90, refers to, but is not limited to, one or more of the following practices insofar as they involve the application of psychological principles, methods, or procedures: psychotherapy, psychoanalysis, therapy, family therapy, marital therapy, couples therapy, play therapy, counseling, rehabilitation, intervention, hypnotherapy, biofeedback, behavior therapy, behavior modification, psychological counseling, human potential psychology, vocational counseling, school counseling, growth psychology, alcohol or substance abuse counseling, or both, or remediation, or a combination of any of these for any of the purposes identified in this item.

   3. Engaging in a psychological consulting relationship with an individual organization, group or community, or a combination of these, for the purpose of:
      1. designing or delivering psychological programs or services, or both;
      2. evaluating psychological programs or services.

      For purposes of this section a “psychological consulting relationship” refers to, but is not limited to, one or more of the following practices insofar as they predominately involve the application of psychological principles, methods, or procedures: consulting, intervention, program evaluation, organizational psychology, environmental psychology, community psychology, and experimental psychology.

2. A person not otherwise exempt from this chapter is engaged in the practice of psychology when performing any of the activities enumerated in subsection (A), regardless of whether or not payment is received for the services. Specifically excluded from psychological practice within the meaning of this chapter are the physical, chemical, and nonbehavioral aspects of Chapter 47. Nothing in this chapter shall prohibit or limit a licensed physician in the practice of his profession as provided by law.
3. A person is deemed to be practicing as a psychologist within the meaning of this chapter if the person engages in any of the activities enumerated in subsection (A) electronically within this State including, but not limited to, by means of the internet, phone lines, and personal computer modems.

TITLE 40. PROFESSIONS AND OCCUPATIONS

CHAPTER 75. Professional Counselors, Marriage and Family Therapists, and Licensed Psycho-educational Specialists Article 1. Professional Counselors and Marriage and Family Therapists

SECTION 40-75-20. Definitions.

As used in this article:…

17. “Practice of professional counseling” means functioning as a psycho-therapist and may include, but is not limited to, providing individual therapy, family counseling, group therapy, marital counseling, play therapy, couples counseling, substance abuse counseling, vocational counseling, school counseling, rehabilitation counseling, intervention, human growth and development counseling, behavioral modification counseling, and hypnotherapy. The practice of professional counseling may include assessment, crisis intervention, guidance and counseling to facilitate normal growth and development, including educational and career development; utilization of functional assessment and counseling for persons requesting assistance in adjustment to a disability or handicapping condition; and consultation and research. The use of specific methods, techniques, or modalities within the practice of licensed professional counseling is restricted to professional counselors appropriately trained in the use of these methods, techniques, or modalities.

Notes

1. It is unclear whether hypnotherapy involves “the application of psychological principles, methods, or procedures” under SECTION 40-55-50, which is required to be part of the “practice of a psychologist”. 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 SECTION 40-55-50 – such as hypnosis – are meant to be exclusively reserved to licensed psychologists. Otherwise, only licensed psychologists would be permitted to help improve individual performance (something teachers, coaches and many others do), etc.
3. Google searches reveal a number of unlicensed individuals advertising hypnotherapy services in South Carolina.
4. The laws listed above are “Titling Acts” that outline what licensed psychologists and licensed professional counselors can do. They do not outline what everyone else other than licensed psychologists and licensed professional counselors can and cannot do.
5. We are aware of cases in which the South Carolina Board of Examiners in Psychology(“Board”) has taken the position that an unlicensed person advertising “hypnotherapy” or “counseling” on a website or other advertising is practicing psychology or professional counseling without a license. When those unlicensed people stopped using the words “hypnotherapist”, “hypnotherapy”, “counselor” and “counseling”, the Board stopped threatening them with possible injunctions or fines.