Hypnosis Education Association
A Florida Not-For-Profit Corporation

The Florida Hypnosis Law
 by Jillian LaVelle, CHT















 

 

Over the last four years, twelve hypnotists/hypnotherapists in Florida have been served with cease and desist orders. On one hand, twelve is a very small number if you consider the amount of practitioners. As President of the International Association of Counselors and Therapists, my attitude is that even one incident is too many.

Many people who practice hypnosis here in Florida originally completed their training out-of-state. Their instructors probably didn’t teach them the Florida law because it didn’t apply to that locality. Therefore, when these folks moved South they were not familiar with our laws.

Florida is unique because we have a law that specifically addresses therapeutic hypnosis. In all other states you cannot diagnosis nor practice medicine or mental health counseling without proper licensing. Florida has a law that makes this very clear. The law reads:

485.002 Legislative intent.

( 1) It is recognized that hypnosis has attained a significant place as another technique in the treatment of human injury, disease, and illness, both mental and physical; that the utilization of hypnotic techniques for therapeutic purposes should be restricted to certain practitioners of the healing arts who are qualified by professional training to fulfill the necessary criteria required for diagnosis and treatment of human illness, disease, or injury within the scope of their own particular field of competence; or that such hypnotic techniques should be employed by qualified individuals who work under the direction, supervision, or prescription of such practitioners.

Hypnosis, practitioner of the healing arts, and qualified individuals are terms defined in the law:

(3) “Practitioner of the healing arts” shall mean a person licensed under the laws of the state to practice medicine, surgery, psychiatry, dentistry, osteopathic medicine, chiropractic medicine, naturopathy, podiatric medicine, chiropody, psychology, clinical social work, marriage and family therapy, mental health counseling, or optometry within the scope of his or her professional training and competence and within the purview of the statutes applicable to his or her respective profession, and who may refer a patient for treatment by a qualified person, who shall employ hypnotic techniques under the supervision, direction, prescription, and responsibility of such referring practitioner.

To read the complete law go to http://www.floridalawonline.net/ and select the Statutes section. This law has served as a protection for us to do therapeutic work here. It is our exemption to the psychology law FS 491. I recommend that you have an attorney-at-law inquire about any city or county laws regarding obtaining an occupational license. We do not have a state license, but you are required to have a business license. Some local city/county laws require: 1) a referral letter from a medical practitioner or a mental health practitioner, or 2) you to present yourself before the board of commissioners, or 3) the signing of an affidavit pledging that you will not do stage hypnosis.

I am not an attorney-at-law. I cannot interpret, advise, nor counsel on legal issues. I am a certified hypnotherapist who has been complying to this law for the last 15 years. I do offer a 90-minute cassette tape on professional standards and two of the Florida laws. If you would like to contact me, call: (239) 498-9710.