State Laws for Hypnotherapists in Tennessee

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 Tennessee, practicing psychology, including activities like counseling, psychotherapy, and hypnotherapy, requires a license. The laws are broad and can be interpreted to cover various fields, but unlicensed individuals can still provide hypnotherapy as long as they avoid titles that imply they are licensed psychologists.

Many unlicensed individuals advertise hypnotherapy services online in Tennessee.

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 69 hypnotherapists practicing/advertising in the State of Tennessee.

Laws and Regulations

63-11-203. Practice of psychologist.

1. 1. “Practice of psychologist” means the observation, description, evaluation, interpretation and modification of human behavior by the application of psychological principles, methods and procedures for the purpose of assessing, preventing or eliminating symptomatic, maladaptive or undesired behavior and of enhancing interpersonal relationships, work and life adjustment, personal effectiveness, behavioral health and mental health.
   2. 1. “Practice of psychologist” includes, but is not limited to:
         1. Psychological testing and the evaluation or assessment of personal characteristics, such as intelligence, personality, abilities, interests, aptitudes and neuropsychological functioning;
         2. Counseling, psychoanalysis, psychotherapy, hypnosis, biofeedback and behavior analysis and therapy;

         Tenn. Comp. R. & Regs. 1180-02-.01 Current through January 28, 2024

Section 1180-02-.01 – SCOPE OF PRACTICE

1. The scope of practice of a Psychologist is prescribed and limited by Tennessee Code Annotated, Title 63, Chapter 11 and the rules set forth in this chapter and chapter 1180-1.
2. A license issued by the Board specifies licensure as a Psychologist. The Board may grant designation as a Health Service Provider to qualifying Psychologists. HSP designation will be displayed on the renewal certificate.
3. Psychologists shall limit their practices to the use of those techniques, and to providing services to those populations, for which they have formal education, formal professional training and supervised experience, and for which they hold licensure.
4. Health services may be provided only by Psychologists with HSP designation. The scope of practice of Psychologists with HSP designation is limited to those health services for which the licensee has obtained education and specific training to provide.
5. The practice of a Psychologist includes, but is not limited to:
   1. Psychological testing and/or the evaluation or assessment of personal characteristics, such as intelligence, personality, mental status, psychopathology, abilities, achievement, interests, aptitudes and neuropsychological functioning;
   2. Behavioral analysis;
   3. Psychological evaluation or assessment or analysis of organizations and organizational functioning;
   4. Counseling, psychoanalysis, psychotherapy, group therapy, marital therapy, family therapy, hypnosis, hypnotherapy, biofeedback and behavior therapy;

Notes

1. It is unclear whether hypnotherapy involves “the application of psychological principles, methods and procedures” – which is required to be part of the “practicing as a psychologist” under 63-11-203. 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. Furthermore, hypnotherapy may be for the purpose of making beneficial improvements, rather than to “assess, prevent or eliminate… undesired behavior” as specified in 63-11.203.
2. It cannot be the case that the things listed under 63-11-203(a)(2)(A) – 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 Tennessee has gotten into legal trouble for practicing hypnosis or hypnotherapy.
4. Google searches reveal a number of unlicensed individuals advertising hypnotherapy services in Tennessee.

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.