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State Laws for Hypnotherapists in Washington

Practicing Hypnotherapy in Washington

Published: Wed, Dec 4, 2024

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 Washington, practicing hypnotherapy for a fee requires registration as a hypnotherapist. Counseling, including hypnotherapy, aims to assist individuals in addressing mental, emotional, or behavioral problems. Hypnotherapists must adhere to specific registration requirements and follow guidelines established by the state.

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 710 hypnotherapists practicing/advertising in the State of Washington.

Laws and Regulations

RCW 18.19.020

Definitions.

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.…

  1. “Counseling” means employing any therapeutic techniques, including but not limited to social work, mental health counseling, marriage and family therapy, and hypnotherapy, for a fee that offer, assist or attempt to assist an individual or individuals in the amelioration or adjustment of mental, emotional, or behavioral problems, and includes therapeutic techniques to achieve sensitivity and awareness of self and others and the development of human potential. For the purposes of this chapter, nothing may be construed to imply that the practice of hypnotherapy is necessarily limited to counseling….
  1. “Hypnotherapist” means a person registered under this chapter who is practicing hypnosis as a modality.

RCW 18.19.035

Registration required – Hypnotherapists.

A person may not, for a fee or as a part of his or her position as an employee of a state agency, practice hypnotherapy without being registered to practice as a hypnotherapist by the department under this chapter unless exempt under RCW 18.19.040.

RCW 18.19.090

Application for credentials – Contents – Form – Requirements – Exemptions.

  1. Application for agency affiliated counselor, certified counselor, certified adviser, or hypnotherapist must be made on forms approved by the secretary. The secretary may require information necessary to determine whether applicants meet the qualifications for the credential and whether there are any grounds for denial of the credential, or for issuance of a conditional credential, under this chapter or chapter 18.130 RCW. The application for agency affiliated counselor, certified counselor, or certified adviser must include a description of the applicant’s orientation, discipline, theory, or technique. Each applicant shall pay a fee determined by the secretary as provided in RCW 43.70.250, which shall accompany the application.

RCW 18.19.180

Confidential communications.

An individual credentialed under this chapter shall not disclose the written acknowledgment of the disclosure statement pursuant to RCW 18.19.060 nor any information acquired from persons consulting the individual in a professional capacity when that information was necessary to enable the individual to render professional services to those persons except:

  1. With the written consent of that person or, in the case of death or disability, the person’s personal representative, other person authorized to sue, or the beneficiary of an insurance policy on the person’s life, health, or physical condition;
  2. That a person credentialed under this chapter is not required to treat as confidential a communication that reveals the contemplation or commission of a crime or harmful act;
  3. If the person is a minor, and the information acquired by the person credentialed under this chapter indicates that the minor was the victim or subject of a crime, the person credentialed may testify fully upon any examination, trial, or other proceeding in which the commission of the crime is the subject of the inquiry;
  4. If the person waives the privilege by bringing charges against the person credentialed under this chapter;
  5. In response to a subpoena from a court of law or the secretary. The secretary may subpoena only records related to a complaint or report under chapter 18.130 RCW; or
  6. As required under chapter 26.44 RCW.

RCW 18.19.220

Certified counselors and hypnotherapist advisory committee.

The Washington state-certified counselors and hypnotherapist advisory committee is established.

  1. The committee is comprised of seven members. Two committee members must be certified counselors or certified advisers. Two committee members must be hypnotherapists. Three committee members must be consumers and represent the public at large and may not hold any mental health care provider license, certification, or registration.
  2. Two committee members must be appointed for a term of one year, two committee members must be appointed for a term of two years, and three committee members must be appointed for a term of three years. Subsequent committee members must be appointed for terms of three years. A person may not serve as a committee member for more than two consecutive terms.
    1. Each committee member must be a resident of the state of Washington.
    2. A committee member may not hold an office in a professional association for their profession.
    3. Advisory committee members may not be employed by the state of Washington.
    4. Each professional committee member must have been actively engaged in their profession for five years immediately preceding appointment.
    5. The consumer committee members must represent the general public and be unaffiliated directly or indirectly with the professions credentialed under this chapter.
  3. The secretary shall appoint the committee members.
  4. Committee members are immune from suit in an action, civil or criminal, based on the department’s disciplinary proceedings or other official acts performed in good faith.
  5. Committee members must be compensated in accordance with RCW 43.03.240, including travel expenses in carrying out his or her authorized duties in accordance with RCW 43.03.050 and 43.03.060.
  6. The committee shall elect a chair and vice chair.

Chapter 246-810 WAC

WAC 246-810-010

Definitions…

  1. “Counseling” means employing any therapeutic techniques including, but not limited to, social work, mental health counseling, marriage and family therapy, and hypnotherapy, for a fee that offer, assist, or attempt to assist, an individual or individuals in the amelioration or adjustment of mental, emotional, or behavioral problems, and includes therapeutic techniques to achieve sensitivity and awareness of self and others and the development of human potential. For the purpose of this chapter, nothing may be construed to imply that the practice of hypnotherapy is necessarily limited to counseling.
  2. “Counselor” means an individual who engages in the practice of counseling to the public for a fee, including for the purposes of this chapter, agency affiliated counselors, certified counselors, certified advisers, hypnotherapists, and until July 1, 2010, registered counselors…
  1. “Hypnotherapist” means a person registered under chapter 18.19 RCW, and this chapter, who is practicing hypnosis as a modality.

[Because “hypnotherapists” are included in the definition of “Counselors,” see WAC sections 246-810-0201 through 246-810-066 for additional relevant regulations at https://app.leg.wa.gov/wac/default.aspx?cite=246-810&full=true]

CERTIFIED COUNSELORS, CERTIFIED ADVISERS, AND HYPNOTHERAPISTS

WAC Sections Counselors
246-810-0201 Practice scope and limits for certified counselors.
246-810-021 Practice scope and limits for certified advisers.
246-810-0221 Qualifications to become a certified counselor.
246-810-023 Qualifications to become a certified adviser.
246-810-024 Counseling-related degrees that meet the requirements for certified counselor and certified adviser.
246-810-025 Supervision and consultation requirements for certified counselors and supervision requirements for certified advisers.
246-810-026 Qualifications to be a certified counselor supervisor, certified adviser supervisor, or a certified counselor consultant.
246-810-027 Continuing education requirements for a certified counselor or certified adviser.
246-810-029 Acceptable continuing education courses for certified counselor and certified adviser.
246-810-0293 Recognized institutions of higher learning and local, state, national, and international organizations.
246-810-0295 Continuing education credit for preparing and presenting a lecture or course.
246-810-0297 Continuing education documentation for certified counselor or certified adviser.
246-810-0298 Suicide assessment training standards.
246-810-0299 Health equity training standards.
246-810-031 Disclosure statement to be provided to clients by certified counselors and certified advisers.
246-810-032 Failure to provide client disclosure information.
246-810-035 Record requirements.
246-810-040 Requirements to report suspected abuse or neglect of a child or vulnerable adult.
246-810-045 Requirements for client fees paid in advance.
246-810-049 Sexual misconduct regulations.
246-810-060 Mandatory reporting.
246-810-061 Health care institutions.
246-810-062 Counselor associations or societies.
246-810-063 Health care service contractors and disability insurance carriers.
246-810-064 Professional liability carriers.
246-810-065 Courts.
246-810-066 State and federal agencies.

Notes

  1. For details about how to complete the required registration with the Washington State Department of Health, see: https://doh.wa.gov/licenses-permits-and-certificates/professions-new-renew-or-update/hypnotherapist/licensing- information
  2. For information about the Certified Counselors and Hypnotherapists Advisory Committee – whose members may be able to answer any questions you have about the hypnotherapist registration process or the laws regarding hypnotherapy in Washington state, see: https://doh.wa.gov/licenses-permits-and-certificates/professions-new-renew-or-update/hypnotherapist/certified-counselors-and-hypnotherapists-advisory-committee

Research Note: The hypnotherapy research summarized in this section is based on online publicly available resources that were capable of being searched. The research summarized in this section is not intended to be “legal advice” and it is recommended that you consult with a licensed attorney in any relevant jurisdiction for the most up to date information about the law and how it is likely to be interpreted or enforced there.