State Laws for Hypnotherapists in Wisconsin

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 Wisconsin, the practice of psychology, which includes activities such as hypnosis, psychotherapy, and psychological assessment, requires a license if done for a fee. However, the use of hypnosis for non-therapeutic purposes like smoking cessation or weight control is not regulated. The definition of “for therapeutic purposes” is considered vague, and HMI interprets it as relating to the diagnosis or treatment of recognized psychological disorders.

Many unlicensed individuals advertise hypnotherapy services online in Wisconsin.

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 87 hypnotherapists practicing/advertising in the State of Wisconsin.

Laws and Regulations

455.01(5)

1. “Practice of psychology” means the observation, description, evaluation, interpretation, prediction, or modification of human behavior by the application of psychological principles, methods, or procedures for any of the following purposes, in exchange for a fee:
   1. Preventing, eliminating, evaluating, assessing, or predicting symptomatic, maladaptive, or undesired behavior and promoting adaptive health maintaining behavior or psychological functioning.
   2. Assisting in legal decision-making.
2. “Practice of psychology” includes all of the following if done in exchange for a fee:
   1. Psychological testing and the evaluation or assessment of a person’s characteristics, including intelligence; personality; cognitive, physical, or emotional abilities; skills; interests; aptitudes; or neuropsychological functioning.
   2. Counseling, consultation, psychoanalysis, psychotherapy, hypnosis, biofeedback, behavior therapy, and applied behavior analysis.

Psy 1.02(10)

“Psychological treatment” includes hypnosis used for therapeutic purposes other than smoking cessation or weight control.

Notes

1. It is unclear whether hypnotherapy involves “the application of psychological principles, methods or procedures” – which is required to be part of the “practice of psychology” under 455.01(5)(a). 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 455.01(5)(b) – 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 skills (something coaches, counselors, art critics, and many others do), etc.

3. The analysis by the Wisconsin Department of Regulation and Licensing explains that hypnosis for non-therapeutic purposes is NOT regulated:

   “The minutes of the meeting of the Psychology Examining Board of October 18, 2001 state ‘QUESTIONS RELATING TO PRACTICE OF HYPNOSIS FOR THERAPEUTIC PURPOSES: The Board reviewed legal counsel’s reply to Marta Gore, Ph.D. The practice of hypnosis for therapeutic purposes is considered the practice of psychology in Wisconsin.’ The rule clarifies that the use of hypnosis for smoking cessation or weight control and other non-therapeutic purposes is not regulated, but that the use of hypnosis for therapeutic purposes is restricted to licensed psychologists.” https://docs.legis.wisconsin.gov/code/misc/chr/lrb_filed/cr_04_021_final_rule_filed_with_lrb.pdf

   Note also that the term “for therapeutic purposes” is quite vague. HMI takes the position that “for therapeutic purposes” should mean “for the diagnosis or treatment of recognized psychological disorders as defined in the DSM.”

4. We are not aware of any cases in which a person in Wisconsin has gotten into legal trouble for practicing hypnosis or hypnotherapy.
5. Google searches reveal a number of unlicensed individuals advertising hypnotherapy services in Wisconsin.

6. In the past, one hypnotist in Wisconsin informed us that:

   “I did work with a lady who was a Hypnotist and a Lawyer, she also worked for the state. Before she passed she said there were no really clear laws in the state of Wisconsin on doing Hypnosis.

   In the state of Wisconsin, I can call myself whatever I would like. The laws are kind of not real clear…

   As a Hypnotist in Wisconsin, we can do many things. We can do things that help a person help themselves. But we cannot do therapy. So if a person has an unnecessary fear, we can help them to work on themselves to relax and release that fear through breathing and self-hypnosis. But we cannot do “therapy”… There are thousands of things you can do to help people help themselves with Hypnosis, without doing any therapy. My mentor (Charlene Ackerman) who died in 2009 had done hypnosis since 1990 and had never had an issue. I have done Hypnosis since 2001 and have never had an issue. A hypnotist CAN work on therapy issues if they get a referral from a Therapist, Dr, Psychologist, Psychiatrist…”
   (Karen Kent, https://www.hypnosistrainingcenter.com/personal-sessions/)

7. 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.