State Laws for Hypnotherapists in Texas

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 Texas, practicing psychology, including activities like psychotherapy and hypnosis, 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 do not represent themselves as licensed psychologists or engage in activities defined as psychological services.

Many unlicensed individuals advertise hypnotherapy services online in Texas.

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.)

A prior version of the law, which included “hypnosis for health care purposes” and “hypnotherapy” as part of the practice of psychology, was held to be unconstitutionally overbroad by the U.S. Court of Appeals for the Fifth Circuit in Serafine v. Branaman in 2016.

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 81 hypnotherapists practicing/advertising in the State of Texas.

Laws and Regulations

OCCUPATIONS CODE

TITLE 3. HEALTH PROFESSIONS

SUBTITLE I. REGULATION OF PSYCHOLOGY AND COUNSELING

CHAPTER 501. PSYCHOLOGISTS SUBCHAPTER A. GENERAL PROVISIONS

Sec. 501.001. SHORT TITLE. This chapter may be cited as the Psychologists’ Licensing Act….

Sec. 501.003. DEFINITION: PRACTICE OF PSYCHOLOGY. (a) In this chapter:

1. “Practice of psychology” means:
   1. the observation, description, diagnosis, evaluation, assessment, interpretation, or treatment of and intervention in human behavior by applying education, training, methods, and procedures for the purpose of:
      1. preventing, predicting, treating, remediating, or eliminating:
         1. symptomatic, maladaptive, or undesired behavior;
         2. emotional, interpersonal, learning, substance use, neuropsychological, cognitive, or behavioral disorders or disabilities, including those that accompany medical problems; or
         3. mental illness;
      2. evaluating, assessing, or facilitating, by a license holder or a person who represents the person to the public by a title or description of services that includes the word “psychological,” “psychologist,” or “psychology,” the enhancement of individual, group, or organizational effectiveness, including evaluating, assessing, or facilitating:
         1. personal effectiveness;
         2. adaptive behavior;
         3. interpersonal relationships;
         4. academic, vocational, and life adjustment;
         5. health; or
         6. individual, group, or organizational performance;
      3. providing psychological, neuropsychological, and psychoeducational evaluation, therapy, and remediation as well as counseling, psychoanalysis, psychotherapy, hypnosis and biofeedback; or
      4. consulting with others, including other mental health professionals, physicians, school personnel, or organizations within the scope of the provider’s competency and training with respect to services provided for a specific individual; or
   2. the supervision of an activity or service described by Paragraph (A).
2. “Psychological services” means acts or behaviors that are included within the purview of the practice of psychology.
   2. A person is engaged in the practice of psychology if the person:
      1. when providing or offering to provide psychological services to another in a professional relationship, represents the person to the public by a title or description of services that includes the word “psychological,” “psychologist,” or “psychology”;
      2. provides or offers to provide psychological services to individuals, groups, organizations, or the public in a professional relationship;
      3. is a psychologist or psychological associate employed as described by Section 501.004(a)(1) who offers or provides psychological services, other than lecture services, to the public for consideration separate from the salary that person receives for performing the person’s regular duties; or
      4. is employed as a psychologist or psychological associate by an organization that sells psychological services, other than lecture services, to the public for consideration.
   3. A person is not engaged in the practice of psychology based solely on the person offering, regardless of whether the person is solicited, advice, counsel, or guidance addressing or affecting the mental, emotional, or behavioral health of another, if the person does not represent that the person is licensed under this chapter or engaged in the delivery of psychological services and does not represent that the advice, counsel, or guidance is psychological in nature, and:
      1. the advice, counsel, or guidance is not offered in the context of a professional relationship;
      2. if the person is offering the advice, counsel, or guidance in connection with the person’s occupation, the primary focus of the occupation is not the delivery of mental, emotional, or behavioral health care services; or
      3. the advice, counsel, or guidance is offered through an organized or structured program or peer support service that is designed to support or assist a person with a self-identified goal of changing or improving certain aspects of the person’s mental, emotional, or behavioral health.

Notes

1. The phrase “the observation, description, diagnosis, evaluation, assessment, interpretation, or treatment of and intervention in human behavior by applying education, training, methods, and procedures” under 501.003 is vague and broad so that it is unreasonable to assume that this is exclusively the domain of licensed psychologists. Almost everyone uses such things in fields, for example, like advertising, human resources, training programs, etc.
2. It cannot be the case that the things listed under 501.003 – such as hypnosis – are meant to be exclusively reserved to licensed psychologists. Otherwise, only licensed psychologists would be permitted to facilitate personal effectiveness and individual performance (something teachers, coaches and others also do), to facilitate academic adjustment (something teachers, guidance counselors and others also do), to evaluate health (something doctors, nurses and others also do), etc.
3. We are not aware of any cases in which a person in Texas has gotten into legal trouble for practicing hypnosis or hypnotherapy.
4. Google searches reveal a number of unlicensed individuals advertising hypnotherapy services in Texas.
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. It may be that the above law is unconstitutional and unenforceable. A prior version of the above law (which included “hypnosis for health care purposes” and “hypnotherapy” as part of the “practice of psychology”) was held in 2016 to be unconstitutionally overbroad by the U.S. Court of Appeals for the Fifth Circuit in Serafine v. Branaman. The court said that the law limited the ability of individuals to dispense personal advice about mental or emotional problems and prohibited protected speech: “The ability to provide guidance about the common problems of life – marriage, children, alcohol, health – is a foundation of human interaction and society, whether this advice be found in an almanac, at the feet of grandparents, or in a circle of friends. There is no doubt that such speech is protected by the First Amendment.”