Need Help W/California Laws Re: Hypnotherapy

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Permalink Reply by James Hazlerig on July 18, 2010 at 8:08pm

You should contact Shelley Stockwell at the International Hypnosis Federation. She can fill you in on the California laws as she lives and works there.

James

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Permalink Reply by Richard Clark MFT on July 19, 2010 at 6:00am

Hi Jason,

You can probably say and do all the items you listed and not get in any trouble. Many people do. I would caution that much of the above list is clearly in the "gray area" legally. As I'm not a Lawyer, you should get advise from one and realize that anything I have to say on the matter is based soley on my understanding and should not be used for making any legal decisions.

1) Counseling is, like therapy, something that is only protected based on what you are counseling on, Credit Counseling? Spiritual Counseling? Marriage Counseling? Legal Counseling? School Counseling? I'd be careful about what you say your counseling services address.

2) EMDR is a registered trademark I think so you should have purchased the training and rights to advertise it.

3) Working with any medically diagnosed problem requires referral from a licensed healthcare provider and some specific disclosures (see below).

4) Recovery implies rehabilitation services or drug counseling and if you are charging a fee may be construed as practicing outside of scope of practice. Best to stick to habits.

5) Check with your local city/county to see what kind of business license may be required.

Check out this link for some guidance: http://www.hypnotistexaminers.org/legislation.html

Richard

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Permalink Reply by Katherine Zimmerman on July 19, 2010 at 7:50am

Jason,

You might also want to read SB 577 which covers hypnotherapy.

http://www.leginfo.ca.gov/pub/01-02/bill/sen/sb_0551-0600/sb_577_bi...

Katherine

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Permalink Reply by Dennis Atkinson on July 19, 2010 at 8:13am

James, Richard, and Katherine all offer sound advice.

I have researched this subject because it is a vague area to those who practice hypnosis in California and are not licensed doctors or psychologists. And I would suggest you research the California Business and Professions Code for yourself ...

Please understand that I am not a licensed attorney, and I am not offering you legal advice ... I am merely passing on the information I have gathered for my personal use.

In Calif., an "unlicensed" person is operating in muddy waters where hypnosis is concerned. 2902, 2903, and 2908 of the Business and Professions Code defines psychotherapy and who may / may not practice psychotherapy "for a fee". Hypnosis is clearly defined as the practice of psychotherapy.

Section 2908 expands the authority of who may practice hypnosis in CA. An unlicensed individual may "utilize" hypnotic technique for "avocational" and/or "vocational" self-improvement.

SB577 is the Senate Bill proposed years ago that was passed into law that allowed treatment that is "alternative or complementary" to the healing arts (medicine). Since medical doctors are allowed to use hypnosis, an unlicensed individual falls under this umbrella. The Business and Professions Code turning SB577 into law is 2053.6 and it would be to your advantage to become familiar with that law. You are required by law to inform every client "in writing" specific details, mainly that you are not a licensed doctor or psychologist, and that you do not "treat" for medical and or psychological conditions.

The bottom line is this: If you are not a licensed practitioner, ALWAYS get a referral from your client's medical doctor and/or licensed psychologist before you have sessions and you will cover your butt. As near as I can tell "referral" is not defined in CA law, so use your best judgement as to what a referral is.

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Permalink Reply by James Malone on July 19, 2010 at 10:19am

Jason, just to expand on one point Richard Clark made about "counseling." Here in NJ I know of one person who got a cease and desist letter from the state because she innocently put "hypnosis and counseling" on some of her promo materials. At least here the term "counselor" is a stand alone term for those who have earned the Licensed Professional Counselor (LPC) credential. However, there is no problem with offering "hypnosis counseling," or being a "hypnosis counselor or hypno-counselor" indeed we are encouraged to describe our services as such. Its all semantics but worth being mindful of. Of course the rules in CA may be different. Best wishes, Jim

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Permalink Reply by Jason Keen on July 19, 2010 at 3:25pm

Excellent, helpful information.

Thank you everyone for your response. I've already started to adjust my message accordingly, but I'm still open to any additional info as it comes.

Thanks again!

Jason

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