State Laws for Hypnotherapists in Utah

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 Utah, practicing psychology, which includes hypnosis, generally requires a license. However, unlicensed individuals can perform hypnosis for purposes such as increasing motivation or altering habits (like eating or smoking) as long as they do not represent themselves as licensed professionals, engage in mental health therapy, or treat medical, psychological, or dental conditions.

Many unlicensed individuals advertise hypnotherapy services online in Utah.

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.)

In 1995, a mental health therapist in Utah was accused of sexually abusing a female patient during a hypnosis session and faced charges of rape and forcible sodomy.

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 113 hypnotherapists practicing/advertising in the State of Utah.

Laws and Regulations

Title 58 Occupations and Professions

Chapter 61 Psychologist Licensing Act Part 3 Licensing

58-61-307. Exemptions from licensure.

1. Except as modified in Section 58-61-301, the exemptions from licensure in Section 58-1-307 apply to this chapter.
2. In addition to the exemptions from licensure in Section 58-1-307, the following when practicing within the scope of the license held, may engage in acts included within the definition of practice as a psychologist, subject to the stated circumstances and limitations, without being licensed under this chapter:…
   5. an individual engaged in performing hypnosis who is not licensed under this title in a profession which includes hypnosis in its scope of practice, and who:
      1. 1. induces a hypnotic state in a client for the purpose of increasing motivation or altering lifestyles or habits, such as eating or smoking, through hypnosis;
         2. consults with a client to determine current motivation and behavior patterns;
         3. prepares the client to enter hypnotic states by explaining how hypnosis works and what the client will experience;
         4. tests clients to determine degrees of suggestibility;
         5. applies hypnotic techniques based on interpretation of consultation results and analysis of client’s motivation and behavior patterns; and
         6. trains clients in self-hypnosis conditioning;
      2. may not:
         1. engage in the practice of mental health therapy;
         2. represent himself using the title of a license classification in Subsection 58-60-102(5); or
         3. use hypnosis with or treat a medical, psychological, or dental condition defined in generally recognized diagnostic and statistical manuals of medical, psychological, or dental disorders;…

Title 58

Occupations and Professions Chapter 60

Mental Health Professional Practice Act Part 1 General Provisions

58-60-107. Exemptions from licensure.

1. Except as modified in Section 58-60-103, the exemptions from licensure in Section 58-1-307 apply to this chapter.
2. In addition to the exemptions from licensure in Section 58-1-307, the following may engage in acts included within the definition of practice as a mental health therapist, subject to the stated circumstances and limitations, without being licensed under this chapter:…
   4. an individual engaged in performing hypnosis who is not licensed under this title in a profession which includes hypnosis in its scope of practice, and who:
      1. 1. induces a hypnotic state in a client for the purpose of increasing motivation or altering lifestyles or habits, such as eating or smoking, through hypnosis;
         2. consults with a client to determine current motivation and behavior patterns;
         3. prepares the client to enter hypnotic states by explaining how hypnosis works and what the client will experience;
         4. tests clients to determine degrees of suggestibility;
         5. applies hypnotic techniques based on interpretation of consultation results and analysis of client’s motivation and behavior patterns; and
         6. trains clients in self-hypnosis conditioning;
      2. may not:
         1. engage in the practice of mental health therapy;
         2. use the title of a license classification in Subsection 58-60-102(5); or
         3. use hypnosis with or treat a medical, psychological, or dental condition defined in generally recognized diagnostic and statistical manuals of medical, psychological, or dental disorders;

58-61-102. Definitions.

In addition to the definitions in Section 58-1-102, as used in this chapter:…

4. “Hypnosis” means, regarding individuals exempted from licensure under this chapter, a process by which one individual induces or assists another individual into a hypnotic state without the use of drugs or other substances and for the purpose of increasing motivation or to assist the individual to alter lifestyles or habits.

58-60-102. Definitions.

As used in this chapter, unless a different meaning is established by definition under a specific section or part:…

13. “Hypnosis” means, when referring to individuals exempted from licensure under this chapter, a process by which an individual induces or assists another individual into a hypnotic state without the use of drugs or other substances and for the purpose of increasing motivation or to assist the individual to alter lifestyles or habits.

Notes

1. We are not aware of any cases in which a person in Utah has gotten into legal trouble for practicing hypnosis or hypnotherapy.
2. Google searches reveal a number of unlicensed individuals advertising hypnotherapy services in Utah.
3. We are aware of one case in 1995 in which a mental health therapist in Utah was accused of sexually abusing a female patient during a hypnosis session and was charged with counts of rape and forcible sodomy.