IAIH Hypnosis Law

State Laws and Regulations Regarding the Practice of Hypnosis:

Updated November 1, 2022

*Readers are encouraged to follow links directly to their source in the event that laws have changed before we have had time to change this page accordingly. Webpages and laws may change before we get to update them. Please do your own research before making any decisions regarding the practice of hypnosis or hypnotherapy in your area.

*Always remember that the use of hypnosis is legal in all 50 of the United States, however, every State will still have laws regarding the practice of medicine, psychology or dentistry. Please ensure to follow the IAIH Code of Ethics, utilize our Professional Disclosure Forms, and always operate within the scope of your credentials and training.

*You can click here to download this page in PDF format.

Overview:

As we continue our work to raise the standards of hypnotherapy education and credentialing, it is important that all IAIH certified practitioners operate within the law and within the scope of their credentials. We offer this document for informational purposes only and those who are practicing hypnosis are always responsible to understand the respective laws of their state. While we work with attorneys when creating this document, it is still important for anyone using hypnosis to research the laws themselves and to know what they are legally allowed to do based upon their training and credentials. We keep this document online and work to update it annually. The most current version can be found at: https://www.instituteofhypnotherapy.com/iaih-hypnosis-law/

It is also important to follow a clear Code of Ethics when practicing hypnosis. The IAIH Code of Ethics can be found at: https://www.instituteofhypnotherapy.com/iaih-code-of-ethics/

When a Hypnotherapist receives a referral from a licensed practitioner of the healing arts, they are legally bound by HIPAA and are required to keep confidential a client’s Protected Health Information. For more information, please visit: https://www.instituteofhypnotherapy.com/iaih-hipaa-compliance/

When practicing hypnosis, a major distinction needs to be made between therapeutic and non-therapeutic uses. Therapeutic hypnosis involves working with medical, dental, or mental health conditions, where human illness, injury, or disease is concerned. In most states, a referral from an appropriate licensed practitioner of the healing arts allows unlicensed professionals to engage in this practice, however in states such as Colorado and Arizona this is not the case. We encourage you to reach out to us directly if you are at all unsure about the legality of practicing in your state and within your specific credentials.

We support the use of the federally acknowledged occupational title of “Hypnotherapist”, for those with such credentials, rather than just “Hypnotist”, as the title itself does not imply the therapeutic use of hypnosis, however it is always the responsibility of the professional to operate within the law and to understand the scope of their credentials and what they can and cannot work with.

Unlicensed practitioners are strongly encouraged not to use words such as: heal, healing, cure, treat, diagnose, therapy, etc. in their advertising. In Utah, the term ‘clinical’ can only be used by those with the proper credentials.

Some states require mandatory registration to practice hypnosis professionally. Please make note of that when reviewing this document.

States’ laws and regulations regarding the practice of hypnosis can loosely be broken down into three categories:

Mandatory Registration:

  • Connecticut
  • Washington

Explicit Guidelines for Licensure Exemption:

  • California
  • Colorado
  • Florida
  • Illinois
  • New Jersey
  • Texas
  • Utah

No specific regulations (on the practice of hypnosis):

  • Alabama
  • Alaska
  • Arizona
  • Arkansas
  • Delaware
  • District of Columbia
  • Georgia
  • Hawaii
  • Idaho
  • Indiana
  • Iowa
  • Kansas
  • Kentucky
  • Louisiana
  • Maine
  • Maryland
  • Massachusetts
  • Michigan
  • Minnesota
  • Mississippi
  • Missouri
  • Montana
  • Nebraska
  • Nevada
  • New Hampshire
  • New Mexico
  • New York
  • North Carolina
  • North Dakota
  • Ohio
  • Oklahoma
  • Oregon
  • Pennsylvania
  • Rhode Island
  • South Carolina
  • South Dakota
  • Tennessee
  • Vermont
  • Virginia
  • West Virginia
  • Wisconsin
  • Wyoming

States with Mandatory Registration:

Connecticut 

Registration Requirement: Persons who practice hypnosis must obtain a registration from the  Department of Consumer Protection before engaging in business in Connecticut. The Commissioner of Consumer Protection may assess a civil penalty of not more than $100 against any person who has practiced hypnosis in CT without first registering with the department. 

Eligibility: The individual must pay an application fee of $100 by check or money order made payable to “Treasurer, State of Connecticut” and complete a notarized application form. The form requires name, address, DOB, SSN, DLN, and a representation that the applicant has not committed a felony and is not subject to sexual offender registration laws. All registrations expire annually on October 31st

Renewal: Renewal notices are sent approximately 30 – 45 days prior to the expiration date of registration via email or regular mail. Renewals can be completed online at https://elicense.ct.gov using the User ID and/or Fast Track Renewal PIN provided in the renewal notice. Renewals can also be completed by mail by emailing name, registration type, registration number, and email address to dcp.licenseservices@ct.gov. Renewal fee is $100. 

Changes: Any change of a registered hypnotist’s name, residence address, business address, or status as a registered sexual offender (pursuant to Chapter 369 of the Connecticut General  Statutes, or an equivalent statute in another jurisdiction) must be reported in writing to the  Department of Consumer Protection within thirty (30) days of said change. 

Definition of hypnotist: “Hypnotist” means any person who performs hypnosis, but does not include those individuals licensed by this State to perform medical, dental, nursing, counseling or other health care, substance abuse or mental health services. 

Definition of hypnosis: “Hypnosis” means an artificially induced altered state of consciousness,  characterized by heightened suggestibility and receptivity to direction. 

Relevant Regulation(s): Section 20-660 of the Connecticut General Assembly Statutes states:   

(c) The Commissioner of Consumer Protection may deny registration as a hypnotist to an individual who has been the subject of a finding rendered pursuant to subsection (d) of this section.  The registry shall contain information concerning any individual who has been denied said registration, as well as any brief statement disputing such denial by such individual.    

(d) The Department of Consumer Protection shall receive and investigate complaints against individuals who are practicing or have practiced hypnosis in this state and may cause a prosecution to be instigated based on such investigation. The grounds for complaint shall include physical or sexual abuse, misappropriation of property, and fraud or deceit in obtaining or attempting to obtain registration as a hypnotist. A hypnotist shall be given written notice by certified mail by the commissioner of any complaint against him or her. A hypnotist who wishes to appeal a complaint against him or her shall, not later than thirty days after the date of the mailing, file with the department a request in writing for a hearing to contest the complaint. Any such hearing shall be conducted pursuant to chapter 54. The commissioner shall render a finding on such complaint and enter such finding on the registry. The commissioner shall have the authority to render a finding and enter such finding on the registry against an individual who is practicing or has practiced hypnosis in this state, without regard to whether such individual is on the registry or has obtained registration as a hypnotist from the department.  

(e) A hypnotist may petition the Commissioner of Consumer Protection to have the finding removed from the registry upon a determination by the commissioner that: (1) The emp/loyment and personal history of the hypnotist does not reflect a pattern of abusive, deceitful or fraudulent behavior; and (2) the conduct involved in the original finding was a singular occurrence. In no case shall a determination on a petition submitted under this subsection be made prior to the expiration of a one-year period beginning on the date on which the finding was added to the registry pursuant to subsection (d) of this section.  

(f) The Commissioner of Consumer Protection may, after notice and hearing, in accordance with  the provisions of chapter 54, assess a civil penalty of not more than one hundred dollars against  any person who has practiced hypnosis in this state without first registering with the department  pursuant to subsection (b) of this section.  

 (g) The Commissioner of Consumer Protection shall revoke the registration of a person under this section after notice and hearing in accordance with the provisions of chapter 54 if such person  becomes subject to the registration requirements of chapter 969.  

Regulatory Agency: The Connecticut Department of Consumer Protection 

References:  

Connecticut Statutes § 20-660. https://www.cga.ct.gov/current/pub/chap_400m.htm

Registration Info: https://portal.ct.gov/DCP/License-Services-Division/All-License-Applications/Hypnotist-Registration-Information 

Application: https://portal.ct.gov/-/media/DCP/pdf/Applications_Added_2017/HYP-Application_17Jan.pdf 

Renewal: https://portal.ct.gov/DCP/License-Services-Division/License-Division/To-Renew-Online

Washington 

Registration Requirement: In Washington State, “Hypnotherapists” and “Counselors” are required to register. Under Chapter 246-810 WAC, hypnotherapists are included under the  definition of “Counselor.” Note that the “registered counselor” category was eliminated in 2010.  Hypnotherapy regulations were not modified. 

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.  

Eligibility: For registration, an individual must: 

  • Submit an application form online or by mail. Forms are available at https://doh.wa.gov/licenses-permits-and-certificates/professions-new-renew-or-update/hypnotherapist/licensing-information
  • Pay a non-refundable $155 application and registration fee at the time of application, by VISA or  Mastercard or ACH/e-check. 
  • Complete a minimum of four hours of AIDS education and training, which may include self-study,  direct patient care, courses, or formal training, and read AIDS education and training attestation  included in the application forms. Course content can be found in WAC 246-12-270. 
  • Note that a fingerprint-based background check may be required for licensing purposes if you  have lived in another state or if you have a criminal record in Washington State. This would be  at your own expense. 

Renewals: Under chapter 246-12 WAC, a counselor must renew their credential every year on the  practitioner’s birthday. 

Fees: The following nonrefundable fees will be charged: 

  • Application and registration: $155.00 
  • Renewal: $80.00 
  • Late renewal penalty: $75.00 
  • Expired registration reissuance: $75.00 
  • Duplicate registration: $10.00 
  • Verification of registration: $25.00 

Relevant Regulation(s)

  • You must provide disclosure information to each client prior to implementation of a treatment  plan. See § 246-810-031 for a complete list of information that must be included in the  disclosure statement. 
  • You must document all services. See § 246-810-035 detailed documentation and record  retention requirements. 
  • You have a duty to report reasonable suspicion of abuse or neglect of a child. You have a duty to report reasonable suspicion of abandonment, abuse, financial exploitation, or neglect of a  vulnerable adult. Reports must be made to the local law enforcement agency or to the  department of social and health services within 24 hours after there is reasonable cause to  believe that the child or vulnerable adult has suffered abuse or neglect. 
  • Counselors who collect fees in advance of the service provided must separate such funds from  operating/expense funds. The counselor may not spend the funds until the service is provided.  Any funds left in the account for services not provided must be returned to the client within  30 days of the request.
  • Counselors shall not engage, or attempt to engage, in sexual misconduct with a current or  former patient, client, or key party. Sexual misconduct shall constitute grounds for  disciplinary action. 
  • Counselors are subject to the mandatory reporting requirements of chapter 246-16 WAC. 

Definition of Counselor: “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. 

Definition of Hypnotherapist: “Hypnotherapist” means a person registered under chapter 18.19  RCW, and this chapter, who is practicing hypnosis as a modality. 

Exemptions: Nothing in this chapter may be construed to prohibit or restrict: 

(1) The practice of a profession by a person who is either registered, certified, licensed, or similarly  regulated under the laws of this state and who is performing services within the person’s authorized  scope of practice, including any attorney admitted to practice law in this state when providing counseling incidental to and in the course of providing legal counsel; 

(2) The practice of counseling by an employee or trainee of any federal agency, or the practice of  counseling by a student of a college or university, if the employee, trainee, or student is practicing solely  under the supervision of and accountable to the agency, college, or university, through which he or she  performs such functions as part of his or her position for no additional fee other than ordinary  compensation; 

(3) The practice of counseling by a person for no compensation; 

(4) The practice of counseling by persons offering services for public and private nonprofit organizations  or charities not primarily engaged in counseling for a fee when approved by the organizations or  agencies for whom they render their services; 

(5) Evaluation, consultation, planning, policy-making, research, or related services conducted by social  scientists for private corporations or public agencies; 

(6) The practice of counseling by a person under the auspices of a religious denomination, church, or  organization, or the practice of religion itself; 

(7) The practice of counseling by peer counselors who use their own experience to encourage and  support people with similar conditions or activities related to the training of peer counselors; and 

(8) Counselors who reside outside Washington state from providing up to ten days per quarter of  training or workshops in the state, as long as they do not hold themselves out to be registered or certified  in Washington state. [2008 c 135 § 5; 2001 c 251 § 20; 1987 c 512 § 4.] 

Regulatory Agency: Washington State Department of Health 

References

Washington Administrative Code § 246-810.  

https://app.leg.wa.gov/wac/default.aspx?cite=246-810 

Licensing Information: https://doh.wa.gov/licenses-permits-and-certificates/professions-new-renew-or-update/hypnotherapist/licensing-information

States with Explicit Guidelines for Licensure Exemption:

California 

Registration Requirement: Per California Business & Professions Code Section 2908, quoted  below, psychologists and qualified members of other recognized professional groups licensed to  practice in the State of California are permitted to practice hypnosis, provided that non psychologists do not state or imply that they are licensed to practice psychology. 

Eligibility

Relevant Regulation(s): BPC § 2908 “Nothing in this chapter shall be construed to prevent  qualified members of other recognized professional groups licensed to practice in the State of  California, such as, but not limited to, physicians, clinical social workers, educational  psychologists, marriage and family therapists, licensed professional clinical counselors,  optometrists, psychiatric technicians, or registered nurses, or attorneys admitted to the State Bar  of California, or persons utilizing hypnotic techniques by referral from persons licensed to  practice medicine, dentistry, or psychology, or persons utilizing hypnotic techniques which offer  avocational or vocational self-improvement and do not offer therapy for emotional or mental  disorders, or duly ordained members of the recognized clergy, or duly ordained religious  practitioners from doing work of a psychological nature consistent with the laws governing their  respective professions, provided they do not hold themselves out to the public by any title or  description of services incorporating the words “psychological,” “psychologist,” “psychology,”  “psychometrist,” “psychometrics,” or “psychometry,” or that they do not state or imply that they  are licensed to practice psychology; except that persons licensed under Chapter 13.5  (commencing with Section 4989.10) of Division 2 may hold themselves out to the public as  licensed educational psychologists.” 

Pursuant to BPC § 2053.5, a person who advertises any services that are not unlawful under  Section 2051 or 2052 pursuant to subdivision (a) shall disclose in the advertisement that he or  she is not licensed by the state as a healing arts practitioner. 

A person who provides services pursuant to Section 2053.5 that are not unlawful under Section 2051 2052 shall, prior to providing those services, do the following: 

Disclose to the client in a written statement using plain language the following information:

That he or she is not a licensed physician. 

That the treatment is alternative or complementary to healing arts services licensed by the state. 

That the services to be provided are not licensed by the state. 

The nature of the services to be provided. 

The theory of treatment upon which the services are based. 

His or her educational, training, experience, and other qualifications regarding the services to be provided. 

Obtain a written acknowledgment from the client stating that he or she has been provided with the information described above. The client shall be provided with a copy of the written  acknowledgment, which shall be maintained by the person providing the service for three years. 

The information required by subdivision (a) shall be provided in a language that the client understands. 

References: 

California Business and Professions Code § 2908.  

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=BPC&sectionNum=2908 

California Business and Professions Code § 2053.5.  

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=2053.5.&lawCode=BPC 

California Business and Professions Code § 2053.6.  

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=2053.6.&nodeTreePath=4.7.3&lawCode=BPC

Colorado 

Eligibility: Hypnosis falls under the practice of psychology pursuant to CO Code 12-45-303.  Unlicensed psychotherapists may practice in CO by applying for registration in the State Board of  Unlicensed Psychotherapists database. 

Relevant Regulation(s): 12-245-303. Practice of psychology defined. 

(2) The practice of psychology includes: 

(b) Counseling, psychoanalysis, psychotherapy, hypnosis, biofeedback, and behavior analysis and  therapy; 

(g) The supervision of any of the practices described in this subsection (2). 

CO Rev Stat § 12-245-202 (2020) changes the title “registered psychotherapist” to “unlicensed psychotherapist” for all psychotherapists on the registry as of the law’s effective date. 

CO Code § 12-245-703 (2021) established the State Board of Unlicensed Psychotherapists,  which is tasked with maintaining a database of all unlicensed psychotherapists. 

A person not otherwise licensed, registered, or certified pursuant to article 245 who is practicing  psychotherapy in CO must register with the board by submitting the person’s name, current  address, educational qualifications, disclosure statements, therapeutic orientation or  methodology, or both, years of experience in each specialty area, and whether the unlicensed  psychotherapist has been convicted of, or entered a plea of guilty or nolo contendere to, any  felony or misdemeanor. Upon receipt and review of the required information, the board may  approve the psychotherapist for registration in the database. An unlicensed psychotherapist must  also complete a jurisprudence exam to be approved by the Board for registration. 

An unlicensed person whose primary practice is psychotherapy or who holds himself or herself  out to the public as able to practice psychotherapy for compensation shall not practice  psychotherapy unless the person is registered with the board and included in the database. An  unlicensed psychotherapist shall not use the term “licensed”, “certified”, “clinical”, “state approved”, or any other term or abbreviation that would falsely give the impression that the  psychotherapist or the service that is being provided is recommended by the state, based solely  on inclusion in the database. 

Any unlicensed person who practices psychotherapy without first complying with the  registration requirements is subject to penalties pursuant to section 12-20-407 (1)(a). 

Definition of Unlicensed Psychotherapist: “Unlicensed psychotherapist” means a person: 

  • Whose primary practice is psychotherapy or who holds himself or herself out to the public as  being able to practice psychotherapy for compensation; and 
  • Who is registered with the state board of unlicensed psychotherapists pursuant to section 12- 245-703 to practice psychotherapy in this state. 

“Unlicensed psychotherapist” also includes a person who:

  • Is a licensed school psychologist licensed pursuant to section 22-60.5-210 (1)(b); Is practicing outside of a school setting; and 
  • Is registered with the state board of unlicensed psychotherapists pursuant to section12- 245-703. 

References: 

CO Code § 12-245-202 (2020) 

CO Code § 12-245-303 

CO Code § 12-245-701 (2021) 

CO Code § 12-245-703 (2021) 

https://advance.lexis.com/container?config=0345494EJAA5ZjE0MDIyYy1kNzZkLTRkNzktYTkxMS04YmJhNjBlNWUwYzYKAFBvZENhdGFsb2e4CaPI4cak6laXLCWyLBO9&crid=dca9c301-6186-4cd2-8e5d-954c8fb31f0a

Florida 

Eligibility: Hypnosis practitioners in Florida must be licensed to practice ‘one of the healing arts’ or be directly supervised by someone who is. 

Relevant Regulation(s):  

  • 485.004 It shall be unlawful for any person to engage in the practice of hypnosis for  therapeutic purposes unless such person is a practitioner of one of the healing arts, as herein  defined, or acts under the supervision, direction, prescription, and responsibility of such a person. 
  • 490.0141 Practice of hypnosis.—A licensed psychologist who is qualified as determined by  the board may practice hypnosis as defined in s. 485.003(1). The provisions of this chapter may  not be interpreted to limit or affect the right of any person qualified pursuant to chapter 485 to  practice hypnosis pursuant to that chapter or to practice hypnosis for nontherapeutic purposes, so  long as such person does not hold herself or himself out to the public as possessing a license  issued pursuant to this chapter or use a title protected by this chapter. 

Definition of Hypnosis: “Hypnosis” shall mean hypnosis, hypnotism, mesmerism, posthypnotic  suggestion, or any similar act or process which produces or is intended to produce in any person  any form of induced sleep or trance in which the susceptibility of the person’s mind to suggestion  or direction is increased or is intended to be increased, where such a condition is used or intended  to be used in the treatment of any human ill, disease, injury, or for any other therapeutic purpose. 

Definition of Practitioner of the Healing Arts: “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. 

Definition of Qualified Person: “Qualified person” shall mean a person deemed by the  referring practitioner to be qualified by both professional training and experience to be  competent to employ hypnotic technique for therapeutic purposes, under supervision, direction,  or prescription. 

References: 

Florida Statutes Title XXXII Chapter 485: Hypnosis.  

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0485/0485ContentsIndex.html&StatuteYear=2022&Title=%2D%3E2022%2D%3EChapter%20485 

Florida Statutes Title XXXII § 490.0141.  

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0400-0499/0490/Sections/0490.0141.html

Illinois 

Eligibility: Hypnosis is largely unregulated in Illinois and can be practiced without a license,  provided that the practitioner does not otherwise engage in clinical psychology or the practice of  medicine. 

Relevant Regulation(s): 225 ILCS 15/1 “Nothing in this Act shall be construed to prevent a  person from practicing hypnosis without a license issued under this Act provided that the person  (1) does not otherwise engage in the practice of clinical psychology including, but not limited to,  the independent evaluation, classification, and treatment of mental, emotional, behavioral, or  nervous disorders or conditions, developmental disabilities, alcoholism and substance abuse,  disorders of habit or conduct, and the psychological aspects of physical illness, (2) does not  otherwise engage in the practice of medicine including, but not limited to, the diagnosis or  treatment of physical or mental ailments or conditions, and (3) does not hold himself or herself  out to the public by a title or description stating or implying that the individual is a clinical  psychologist or is licensed to practice clinical psychology.” 

Definition of Clinical Psychology: “Clinical psychology” means the independent evaluation,  classification, diagnosis, and treatment of mental, emotional, behavioral or nervous disorders or  conditions, developmental disabilities, alcoholism and substance abuse, disorders of habit or  conduct, and the psychological aspects of physical illness. The practice of clinical psychology  includes psychoeducational evaluation, therapy, remediation and consultation, the use of  psychological and neuropsychological testing, assessment, psychotherapy, psychoanalysis,  hypnosis, biofeedback, and behavioral modification when any of these are used for the purpose  of preventing or eliminating psychopathology, or for the amelioration of psychological disorders  of individuals or groups. “Clinical psychology” does not include the use of hypnosis by  unlicensed persons pursuant to Section 3. 

References: 

225 Illinois Compiled Statutes 15/2-3(h).  

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1294&ChapterID=24

New Jersey 

Eligibility: Licensure is not required in New Jersey for those who practice “hypnocounseling”  to assist clients with stress management not related to a medical or mental health disorder,  altering habits such as smoking and weight management, increasing client motivation in  employment, the workplace and in sports activities, and enhancing creative, artistic and  scholastic endeavors. Hypnotherapy is included within the scope of services of a licensed  psychologist per N.J. Admin. Code § 13:42-1.1. 

Relevant Regulation(s):  

  • 13:42-1.2 Persons not requiring licensure are limited to persons engaged in the practice of  hypnocounseling as well as those whose conduct and practice is exempt from licensure pursuant  to this subchapter. 

1) For purposes of this subsection, hypnocounseling means the induction of a hypnotic state by  applying individualized techniques to induce hypnosis in order to assist clients with stress  management not related to a medical or mental health disorder, altering habits such as smoking  and weight management, increasing client motivation in employment, the workplace and in  sports activities and enhancing creative, artistic and scholastic endeavors. 

2) The services of a hypnocounselor shall be limited to: 

  1. i) Interviewing a client to determine the nature of the client’s problem; 
  2. ii) Assessing the client’s suitability for hypnocounseling; 

iii) Testing a prospective client to determine the client’s level of suggestibility; 

  1. iv) Preparing clients for hypnosis through an explanation of the process and procedures used as  well as a description of the resulting hypnotic state to be experienced by the client; 
  2. v) Teaching self-hypnosis to clients; 
  3. vi) Inducing the hypnotic state; and 

vii) Applying hypnotic techniques. 

  • 13:42-1.1 (a) The scope of practice of a licensed psychologist includes, but is not limited to,  the use or advertisement of the use of theories, principles, procedures, techniques or devices of  psychology, whether or not for a fee or other recompense. Psychological services include, but  are not limited to: 
  1. Use of psychological procedures, which are applications employing the principles of  psychology and associated techniques, instruments and devices. These procedures include, but  are not limited to, psychological interviews, counseling, psychotherapy, hypnotherapy,  biofeedback, and psychological assessments. 

References:

N.J. Admin. Code § 13:42-1.2. https://www.njconsumeraffairs.gov/regulations/Chapter-42-Board-of-Psychological-Examiners.pdf 

N.J. Admin. Code § 13:42-1.1 (Lexis Advance through the New Jersey Register, Vol. 54  No. 17, September 6, 2022)

Texas 

Eligibility: Hypnotherapy can be utilized by licensed psychologists, licensed professional  counselors, and licensed marriage and family therapists and marriage and family therapist  associates. Members of law enforcement can also obtain an investigative hypnosis proficiency  certificate by completing a basic investigative hypnosis course, passing an approved  examination, and submitting an application and $35 fee to the Texas Commission on Law  Enforcement. 

Relevant Regulation(s)

3 Texas Occupations Code § 501.003 (1) “Practice of psychology” means: 

(iii) providing psychological, neuropsychological, and psychoeducational evaluation, therapy,  and remediation as well as counseling, psychoanalysis, psychotherapy, hypnosis, and  biofeedback; or 

22 Texas Administrative Code § 681.31 The use of specific methods, techniques, or  modalities within the practice of professional counseling is limited to professional counselors  appropriately trained and competent in the use of such methods, techniques, or modalities.  Authorized counseling methods, techniques and modalities may include, but are not restricted  to, the following: 

 (13) hypnotherapy, which uses the principles of hypnosis and post-hypnotic suggestion in the  treatment of mental and emotional issues and addictions; 

22 Texas Administrative Code § 801.42 The following are professional therapeutic services  which may be provided by an LMFT or LMFT Associate. 

 (15) Hypnotherapy using systems methods and processes which include the principles of hypnosis and post-hypnotic suggestion in the treatment of mental and emotional disorders and  addictions. 

37 Texas Administrative Code § 221.7 (a) To qualify for an investigative hypnosis  proficiency certificate, an applicant must meet all proficiency requirements including: 

 (1) successful completion of the current basic investigative hypnosis course; and  (2) pass the approved examination for investigative hypnosis proficiency. (b) A certificate is valid for two years. 

(c) To keep the certificate valid, the holder must successfully complete an update course once  every two years. 

(d) If the certificate becomes invalid, a holder may obtain a new certificate under the application  standards in this section. 

Hypnosis and Hypnotherapy when performed by a licensed psychologist are subject to Board  Rules. 22 Texas Administrative Code § 465

References: 

37 Texas Administrative Code § 221.7 (2001 & rev. 2001).  

https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=2&p_dir=&p_rloc=163857&p_tloc=&p_ploc=&pg=1&p_tac=163857&ti=37&pt=7&ch=221&rl=7&dt=&z_chk=1653526&z_contains=hypnosis 

22 Texas Administrative Code § 681.31 (2020). 

https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=2&p_dir=&p_rloc=201669&p_tloc=&p_ploc=&pg=1&p_tac=201669&ti=22&pt=30&ch=681&rl=31&dt=&z_chk=1653524&z_contains=hypnosis 

22 Texas Administrative Code § 801.42 (2020). 

https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=2&p_dir=&p_rloc=201295&p_tloc=&p_ploc=&pg=1&p_tac=201295&ti=22&pt=35&ch=801&rl=42&dt=&z_chk=1653525&z_contains=hypnosis 

https://statutes.capitol.texas.gov/Docs/OC/htm/OC.501.htm 

https://www.tcole.texas.gov/sites/default/files/FormsAppsPubs/investigative_hypnosis_cert_09.01.2021.pdf

Utah 

Eligibility: Pursuant to Utah Code § 58-61-307, an individual may perform hypnosis without  being licensed provided they do not engage in mental health therapy, use hypnosis to treat a  medical or psychological condition, or represent themselves using the title of a license  classification 

Relevant Regulation(s)

  • 58-60-107 (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: 

(e) 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:  

(i) (A) 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; 

(B) consults with a client to determine current motivation and behavior patterns; 

(C) prepares the client to enter hypnotic states by explaining how hypnosis works and  what the client will experience; 

(D) tests clients to determine degrees of suggestibility; 

(E) applies hypnotic techniques based on interpretation of consultation results and  analysis of client’s motivation and behavior patterns; and 

(F) trains clients in self-hypnosis conditioning; 

(ii) may not:  

(A) engage in the practice of mental health therapy; 

(B) represent himself using the title of a license classification in Subsection 58-60- 102(5); or 

(C) 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; 

  • 58.60.109 As used in this chapter, “unlawful conduct” includes: 

representing oneself as or using the title of any of the following unless currently licensed in a license classification under this title: 

o psychiatrist; 

o psychotherapist; 

o clinical hypnotist; 

Hypnosis Definition: “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. 

References

– Utah Code § 58-60-102 (1994). https://le.utah.gov/xcode/Title58/Chapter60/58-60-S102.html 

Utah Code § 58-60-107 (2021). https://le.utah.gov/xcode/Title58/Chapter60/58-60-S107.html

Utah Code § 58-60-109 (2020). https://le.utah.gov/xcode/Title58/Chapter60/58-60-S109.html

States with No Specific Regulations on the Practice of Hypnosis:

Many of the states below address hypnotherapy as part of a psychologist’s practice and do not refer to it as a separate practice (as far as the research showed). While the states above regulate hypnotherapy as a potentially distinct service, many of those below did not have specific statutes  on the practice of hypnotherapy absent an underlying qualification as a psychologist. States listed  with no information have no mention of hypnosis or hypnotherapy in their legal code. 

Alabama 
Alaska 

(5) “to practice psychology” means to render or offer to render for a fee to individuals, groups,  organizations, or the public for the diagnosis, prevention, treatment, or amelioration of  psychological problems and emotional and mental disorders of individuals or groups or for  conducting research on human behavior, a psychological service involving the application of  psychological principles, methods, and procedures of understanding, predicting, and influencing  behavior, including 

(B) the methods and procedures for interviewing, counseling, psychotherapy, biofeedback,  behavior modification, and hypnosis; 

References: 

Alaska Statutes 08.86.230(5) (2021).  

https://www.commerce.alaska.gov/web/portals/5/pub/PsychologistStatutes.pdf

Arizona 

Arizona law does not provide a definition for clinical hypnosis. The only mention of hypnosis or  hypnotherapy in Arizona law appears in Arizona Administrative Code § R4-38-306 which  provides restrictions on delegated procedures for homeopathic physicians. 

Relevant Regulation(s): 

A homeopathic physician shall not delegate the following procedures to a registered medical  assistant: 

  1. Psycho-therapeutic procedures, including individual or group psychotherapy, clinical hypnosis,  or other behavioral health interventions subject to independent regulation in this state; or 

References: 

Arizona Administrative Code § R4-38-306 (1995 & rev. 2010).  

http://apps.azsos.gov/public_services/Title_04/4-38.pdf 

Arkansas 

(B) “Practice of psychology” includes without limitation: 

(i) Testing and measuring, that consist of the administration and interpretation of tests measuring  personal characteristics, such as intelligence, personality, abilities, interests, aptitudes,  achievements, motives, personality dynamics, psychoeducational processes, neuropsychological  brain functioning, and other psychological attributes of individuals or groups; (ii)  

(a) Diagnosis and treatment of mental and emotional disorders, that consist of the appropriate  diagnosis of mental disorders, behavior disorders, and brain dysfunctions, according to standards  of the profession and the ordering or providing of treatments according to need. (b) Treatment includes without limitation providing: 

(1) Counseling; 

(2) Psychotherapy; 

(3) Marital and family therapy; 

(4) Group therapy; 

(5) Behavior therapy; 

(6) Psychoanalysis; 

(7) Hypnosis; 

(8) Biofeedback; 

(9) Other psychological interventions that aim to modify and adjust perceptions, habits, or conduct;  and 

(10) The psychological aspects of physical illness, pain, injury, or disability; and 

References 

A.C.A. § 17-97-102.  

https://advance.lexis.com/documentpage/?pdmfid=1000516&crid=ff5b7ee6-ec10-47a3-82cb46c4ed21a77e&config=00JAA2ZjZiM2VhNS0wNTVlLTQ3NzUtYjQzYy0yYWZmODJiODRmMDYKAFBvZENhdGFsb2fXiYCnsel0plIgqpYkw9PK&pddocfullpath=%2Fshared%2Fdocument%2Fstatutes-legislation%2Furn%3AcontentItem%3A4WM2-8WN0-R03N30GK-00008-00&pdcontentcomponentid=234170&pdteaserkey=sr0&pditab=allpods&ecomp=vs65kkk&earg=sr0&prid=5ecf0c65-2844-4c4d-b809-d7e8050c6746 

Delaware 

While Delaware Code includes hypnosis under the definition of “practice of psychology,” the  Office of Workers’ Compensation Health Care Practice Guidelines for chronic pain treatment also  includes hypnosis under the Complementary Alternative Medicine (CAM) category. 

Relevant Regulation(s): 

24 Delaware Code § 3502. (5) “Practice of psychology” shall mean the observation, description,  evaluation, interpretation and modification of human behavior by the application of psychological  principles, methods, and/or procedures, for the purpose of preventing or eliminating symptomatic,  maladaptive or undesired behavior, and of enhancing interpersonal relationships, work and life 

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adjustment, personal effectiveness, behavioral health and mental health. 

The practice of psychology includes psychological testing and the evaluation or assessment of  personal characteristics, such as intelligence, personality, abilities, interests, aptitudes and  neuropsychological function; counseling, psychoanalysis, psychotherapy, hypnosis, biofeedback,  and behavior analysis and therapy; diagnosis and treatment of mental and emotional disorder or  disability, alcoholism and substance abuse, disorders of habit or conduct, as well as the  psychological aspects of physical illness, accident, injury or disability; and psychoeducational  evaluation, therapy, remediation, and consultation. Psychological services may be rendered to  individuals, families, groups, organizations, institutions and the public. 

19 Delaware Code § 1342B. 6.4.3 COMPLEMENTARY ALTERNATIVE MEDICINE (CAM) is  a term used to describe a broad range of treatment modalities, a number of which are generally  accepted and supported by some scientific evidence, and others which still remain outside the  generally accepted practice of conventional Western Medicine. In many of these approaches, there  is attention given to the relationship between physical, emotional, and spiritual well-being. While  CAM may be performed by a myriad of both licensed and nonlicensed health practitioners with  training in one or more forms of therapy, credentialed practitioners should be used when available  or applicable. 

Although CAM practices are diverse and too numerous to list, they can be generally classified into  five 

domains: 

6.4.3.2 Mind-Body Interventions: These include practices such as hypnosis, meditation,  bioenergetics, 

and prayer. 

References: 

24 Delaware Code § 3502. https://delcode.delaware.gov/title24/c035/sc01/index.html 

19 Delaware Code § 1342B.  

https://regulations.delaware.gov/AdminCode/title19/1000/1300/1340/PART%20B%20Chronic%20Pain.shtml 

District of Columbia 
  • 8699 Practice of psychology – means the development and application, with or without  compensation, of scientific concepts, theories, methods, techniques, procedures, and principles of  psychology to aid in the understanding, measuring, explaining, predicting, preventing, fostering,  and treating of abilities, disabilities, attributes, or behaviors that are: (a) principally cognitive, such  as aptitudes, perceptions, attitudes, or intelligence; (b) affective, such as happiness, anger, or  depression; or (c) behavioral, such as physical abuse. The practice of psychology includes: (a)  coaching, consulting, counseling, and various types of therapy, such as behavior therapy, group  therapy, hypnotherapy, psychotherapy, and marriage, couples, and family therapy; (b) Intellectual,  personality, behavioral, educational, neuropsychological, and psycho-physiological testing; and (c) 

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professional activities, such as research, teaching, training, interviewing, assessment, evaluation,  pharmacology, and biofeedback.  

  • 5210.1 An individual licensed to practice naturopathic medicine under the Act may  use the titles “Doctor of Naturopathic Medicine,” “Naturopathic Physician,” “Licensed  Naturopath,” “Naturopathic Doctor,” “Doctor of Naturopathy,” “Naturopath,” or the initials “ND.” 
  • 5210.2 An individual licensed to practice naturopathic medicine may: 

(a) Administer or provide for preventive and therapeutic purposes natural medicines by their  appropriate route of administration the following: 

(1) Natural remedies; 

(2) Topical medicine; 

(3) Counseling; 

(4) Hypnotherapy; 

(5) Dietary therapy; 

(6) Naturopathic physical medicine; 

(7) Therapeutic devices; and 

(8) Barrier devices for contraception. 

References: 

17 DCMR § 8699.  

https://dcregs.dc.gov/Common/DCMR/RuleDetail.aspx?RuleId=R0038812

17 DCMR § 5210 

https://www.dcregs.dc.gov/Common/DCMR/SectionList.aspx?SectionId=12695

Georgia 

Hypnotists are listed as one of many examples of business or practitioners of professions or occupations which may be subject to regulatory fees of local governments. This is the only  mention of hypnosis, hypnotherapy, hypnotists, etc. in Georgia law so far as has been found by  this research. 

Relevant Regulation(s): 

(b) Examples of businesses or practitioners of professions or occupations which may be subject  to regulatory fees of local governments include, but are expressly not limited to, the following: 

(24) Hypnotists; 

Reference

O.C.G.A. § 48-13-9.  

https://advance.lexis.com/documentpage/?pdmfid=1000516&crid=637f22d3-11fc-4c3e-b16d-cbdb9b42e255&config=00JAA1MDBlYzczZi1lYjFlLTQxMTgtYWE3OS02YTgyOGM2NWJlMDYKAFBvZENhdGFsb2feed0oM9qoQOMCSJFX5qkd&pddocfullpath=%2fshared%2fdocument%2fstatutes-legislation%2furn%3acontentItem%3a6348-G0H1-DYB7-W488-00008-00&pdcontentcomponentid=234186&pdteaserkey=sr3&pditab=allpods&ecomp=vs65kkk&earg=sr3&prid=a6b41201-c516-45bf-8202-f5ccd58bc003

Hawaii 

HRS §455-1 “Behavioral medicine” means therapy techniques including biofeedback, relaxation training, hypnosis, mindfulness-based stress reduction, and cognitive therapy. 

“Behavioral medicine” is included in the definition of “naturopathic medicine,” which must  be practiced by a licensed naturopathic physician. 

HRS §465-1 “Practice of psychology” means the observation, description, evaluation,  interpretation, or modification of human behavior by the application of psychological principles,  methods, or procedures, for the purpose of preventing or eliminating symptomatic, maladaptive,  or undesired behavior and of enhancing interpersonal relationships, work and life adjustment,  personal effectiveness, behavioral health, and mental health. The practice of psychology  includes, but is not limited to, psychological testing and the evaluation or assessment of personal  characteristics, such as intelligence, personality, abilities, interests, aptitudes, and  neuropsychological functioning; counseling, psychoanalysis, psychotherapy, hypnosis,  biofeedback, and behavior analysis and therapy; diagnosis and treatment of mental and emotional  disorder or disability, alcoholism and substance abuse, and disorders of habit or conduct, as well  as of the psychological aspects of physical illness, accident, injury, or disability; and  psychoeducational evaluation, therapy, remediation, and consultation. Psychological services  may be rendered to individuals, families, groups, organizations, institutions, and the public. The  practice of psychology shall be construed within the meaning of this definition without regard to  whether payment is received for services rendered. 

References: 

Hawaii Revised Statutes § 455-1. http://files.hawaii.gov/dcca/pvl/pvl/hrs/hrs_pvl_455.pdf

Hawaii Revised Statutes § 465-1.  

https://www.capitol.hawaii.gov/hrscurrent/Vol10_Ch0436-0474/HRS0465/HRS_0465-0001.htm 

Idaho  
Indiana 
Iowa
Kansas  
Kentucky 
Louisiana 
  • 37:2352 (5) “Practice of psychology” is defined as the observation, description, evaluation,  interpretation, and modification of human behavior, by the application of psychological  principles, methods, and procedures, for the purpose of eliminating symptomatic, maladaptive,  or undesired behavior, and of improving interpersonal relationships, work and life adjustment,  personal effectiveness, behavioral health, and mental health. The practice of psychology includes but is not limited to psychological testing and evaluation or assessment of personal  characteristics such as intelligence, personality, abilities, interests, aptitudes, and  neuropsychological functioning; counseling, psychoanalysis, psychotherapy, hypnosis, stress management, biofeedback, behavior analysis and therapy; diagnosis and treatment of mental and  emotional disorder or disability, alcoholism and substance abuse, and of the psychological  aspects of physical illness, accident, injury, or disability; psychoeducational evaluation, therapy,  remediation, and consultation. Psychological services may be rendered to individuals, families, groups, institutions, organizations, and the public. The practice of psychology shall be construed  within the meaning of this definition without regard to whether payment is received for services  rendered. 

References: 

LA Rev Stat § 37:2352. https://www.legis.la.gov/legis/Law.aspx?d=93633

Maine 
  • 3811 2. Psychologist. A person practices as a “psychologist” within the meaning of this  chapter when he holds himself out to be a psychologist, or renders to individuals or to the public  for remuneration any service involving the application of recognized principles, methods and  procedures of the science and profession of psychology. Services which may be provided by  psychologists include diagnosing, assessing and treating mental, emotional and psychological  illness, disorders, problems and concerns and evaluation and treatment of vocational, social,  educational, behavioral, intellectual and learning and cognitive disorders. These functions are  performed through recognized psychological techniques such as, but not limited to, psychological  testing, psychological interviews, psychological assessments, psychotherapy, personality  counseling, behavior modification, cognitive therapies, learning therapies, biofeedback,  hypnotherapy and psychological consultation to individuals and organizations.  
  • 12522 1 Medicines and therapies. A naturopathic doctor may use and order for  preventative and therapeutic purposes the following natural medicines and therapies: food, food  extracts, vitamins, minerals, enzymes, digestive aids, whole gland thyroid and other natural  hormones, plant substances, all homeopathic preparations, immunizations, counseling,  hypnotherapy, biofeedback, dietary therapy, naturopathic manipulative therapy, naturopathic  physical medicine, therapeutic devices, barrier devices for contraception and office procedures.  Naturopathic doctors may also prescribe medications, including natural antibiotics and topical  medicines, within the limitations set forth in subsection 4. This subsection may not be construed  to prevent an individual other than a naturopathic doctor from using, ordering or recommending  any of the above listed items as long as the individual is not prohibited from doing so by any  other federal or state statute or regulation. 

References: 

32 Maine Revised Statute § 3811 (2021).  

https://legislature.maine.gov/legis/statutes/32/title32sec3811.html 

32 Maine Revised Statute § 12522. 

https://legislature.maine.gov/legis/statutes/32/title32sec12522.html 

Maryland 

(d) “License” means, unless the context requires otherwise, a license issued by the Board to practice psychology as a psychologist. 

(e) “Licensed psychologist” means an individual who meets the requirements in § 18–302(f) of this title and is licensed by the Board to practice psychology. 

(f) (1) “Practice psychology” means to provide to any person: 

(i) Any service for compensation involving the application of psychological  methods or psychological procedures for interviewing, counseling, psychotherapy, behavior modification, or hypnosis; or 

References: 

MD. Health Occupations Code Ann. § 18-101 (2020). 

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https://dhs.maryland.gov/documents/Licensing-and-Monitoring/Maryland%20Law%20Articles/RCC/HEALTH%20OCCUPATIONS%20Title%2018%20Psychologist.pdf

Massachusetts 

”The practice of psychology”, rendering or offering to render professional service for any fee,  monetary or otherwise, to individuals, groups of individuals, organizations or members of the  public which includes the observation, description, evaluation, interpretation, and modification of  human behavior, by the application of psychological principles, methods and procedures, for the  purpose of assessing or effecting changes in symptomatic, maladaptive or undesired behavior and  issues pertaining to interpersonal relationships, work and life adjustment, personal effectiveness  and mental health. The practice of psychology includes, but is not limited to, psychological testing,  assessment and evaluation of intelligence, personality, abilities, attitudes, motivation, interests and  aptitudes; counseling, psychotherapy, hypnosis, biofeedback training and behavior therapy;  diagnosis and treatment of mental and emotional disorder or disability, alcoholism and substance  abuse, and the psychological aspects of physical illness or disability; psychoeducational evaluation,  therapy, remediation and consultation. Psychological services may be rendered to individuals,  families, groups, and the public. For purposes of this definition, the practice of psychology does  not include the teaching of psychology, the conduct of psychological research, or the provision of  psychological consultation to organizations, unless such teaching research or consultation involves  the delivery or supervision of the types of direct services described above, to individuals or groups  of individuals.  

References:  

M.G.L. ch. 112, § 118.  

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXVI/Chapter112/Section118 

Michigan 

(1) As used in this part: 

 (a) “Psychologist” means an individual licensed under this article to engage in the practice of  psychology. 

 (b) “Practice of psychology” means the rendering to individuals, groups, organizations, or the  public of services involving the application of principles, methods, and procedures of  understanding, predicting, and influencing behavior for the purposes of the diagnosis, assessment  related to diagnosis, prevention, amelioration, or treatment of mental or emotional disorders,  disabilities or behavioral adjustment problems by means of psychotherapy, counseling, behavior  modification, hypnosis, biofeedback techniques, psychological tests, or other verbal or behavioral  means. The practice of psychology shall not include the practice of medicine such as prescribing  drugs, performing surgery, or administering electro-convulsive therapy. 

References:  

MCL § 333.18201. 

https://www.legislature.mi.gov/(S(jdt3nekldzdm3hdipxxmi4ux))/mileg.aspx?page=getObject&objectName=mcl-333-18201&highlight=hypnosis 

Minnesota

Minnesota code includes “hypnosis” in the scope of practice of psychology and “hypnotherapy” in  the scope of practice of naturopathic medicine. The use of hypnosis is considered to be “practicing  medicine” if used for the treatment or relief of any wound, fracture, or bodily injury, infirmity, or  disease, unless it is performed by any person licensed by a health-related licensing board or  registered by the commissioner of health, provided that the person confines their activities within  the scope of their license. 

Relevant Regulation(s): 

  • 148.89 Subd. 5. “Practice of psychology” means the observation, description, evaluation,  interpretation, or modification of human behavior by the application of psychological principles,  methods, or procedures for any reason, including to prevent, eliminate, or manage symptomatic,  maladaptive, or undesired behavior and to enhance interpersonal relationships, work, life and  developmental adjustment, personal and organizational effectiveness, behavioral health, and  mental health. The practice of psychology includes, but is not limited to, the following services,  regardless of whether the provider receives payment for the services: 

(4) psychotherapy, including but not limited to, categories such as behavioral, cognitive, emotive,  systems, psychophysiological, or insight-oriented therapies; counseling; hypnosis; and diagnosis  and treatment of 

  • 147E.05 Subd. 1. (a) The practice of naturopathic medicine includes, but is not limited to, the  following services: 

(1) ordering, administering, prescribing, or dispensing for preventive and therapeutic purposes:  food, extracts of food, nutraceuticals, vitamins, minerals, amino acids, enzymes, botanicals and  their extracts, botanical medicines, herbal remedies, homeopathic medicines, dietary supplements  and nonprescription drugs as defined by the Federal Food, Drug, and Cosmetic Act, glandulars,  protomorphogens, lifestyle counseling, hypnotherapy, biofeedback, dietary therapy,  electrotherapy, galvanic therapy, oxygen, therapeutic devices, barrier devices for contraception,  and minor office procedures, including obtaining specimens to assess and treat disease; 

  • 147.081 Subd. 3.Practice of medicine defined. 

For purposes of this chapter, a person not exempted under section 147.09 is “practicing  medicine” or engaged in the “practice of medicine” if the person does any of the following: (5) offers to undertake to use hypnosis for the treatment or relief of any wound, fracture, or  bodily injury, infirmity, or disease. 

  • 147.09 Section 147.081 does not apply to, control, prevent or restrict the practice, service,  or activities of: 

(9) Any person licensed by a health-related licensing board, as defined in section 214.01,  subdivision 2, or registered by the commissioner of health pursuant to section 214.13, including  psychological practitioners with respect to the use of hypnosis; provided that the person confines  activities within the scope of the license. 

References: 

MN Statutes § 148.89. https://www.revisor.mn.gov/statutes/cite/148.89

MN Statutes § 147E.05. https://www.revisor.mn.gov/statutes/cite/147E.05

MN Statutes § 147.081. https://www.revisor.mn.gov/statutes/cite/147.081

MN Statutes § 147.09. https://www.revisor.mn.gov/statutes/cite/147.09 

Mississippi 

*Note that Mississippi rules automatically repeal every five (5) years, unless reviewed and  reenacted. § 73-31-3 is repealed effective July 1, 2025 if not reenacted. 

(ii) The practice of psychology includes, but is not limited to: 

  1. Psychological testing and the evaluation or assessment of personal characteristics, such as  intelligence; personality; cognitive, behavioral, physical and/or emotional abilities; skills; interests;  aptitudes; and neuropsychological functioning; 
  2. Counseling, psychoanalysis, psychotherapy, hypnosis, biofeedback, and behavior analysis and  therapy; 

References:  

Miss. Code Ann. § 73-31-3.  

https://advance.lexis.com/documentpage/?pdmfid=1000516&crid=ef260a31-d268-45b4-902a-004c89c9623a&config=00JABhZDIzMTViZS04NjcxLTQ1MDItOTllOS03MDg0ZTQxYzU4ZTQKAFBvZENhdGFsb2f8inKxYiqNVSihJeNKRlUp&pddocfullpath=%2Fshared%2Fdocument%2Fstatutes-legislation%2Furn%3AcontentItem%3A8S9X-4X32-8T6X-71H2-00008-00&pdcontentcomponentid=234190&pdteaserkey=sr0&pditab=allpods&ecomp=vs65kkk&earg=sr0&prid=1a23afab-9789-4cce-8412-bd8732cfa054

Missouri 

337.015. Practice of psychology regulated — practice of psychology, defined. — 1. No person  shall represent himself as a psychologist in the state of Missouri unless he is validly licensed and  registered under the provisions of this chapter. No person shall engage in the practice of  psychology in the state of Missouri unless he is validly licensed and registered under the provisions  of this chapter unless otherwise exempt under the provisions of sections 337.010 to 337.090. 

  1. A person represents himself as a “psychologist” within the meaning of this chapter when he  holds himself out to the public by any title or description of services incorporating the words  “psychology”, “psychological”, or “psychologist”, or any term of like import, “psychometry”,  “psychometrics”, “psychometrist”, “psychotherapy”, “psychotherapists”, “psychoanalysis”,  “psychoanalyst”, or variants thereof or when the person purports to be trained, experienced or an  expert in the field of psychology, and offers to render or renders services as defined below to  individuals, groups, organizations, or the public for a fee, monetary or otherwise; provided,  however, that professional counselors licensed to practice under this chapter, or a physician  licensed to practice pursuant to chapter 334, who specializes in psychiatry, may use any of such 

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terms except “psychology”, “psychological”, or “psychologist” so long as such is consistent with  their respective licensing laws. 

  1. The “practice of psychology” within the meaning of this chapter is defined as the  observation, description, evaluation, interpretation, treatment, and modification of human behavior  by the application of psychological principles, methods, and procedures, for the purpose of  preventing, treating, or eliminating symptomatic, maladaptive, or undesired behavior and of  enhancing interpersonal relationships, work and life adjustment, personal effectiveness, behavioral  health, and mental health. The practice of psychology includes, but is not limited to, psychometric  or psychological testing and the evaluation or assessment of personal characteristics, such as  intelligence, personality, abilities, interests, aptitudes, and neuropsychological functioning;  counseling, psychoanalysis, psychotherapy, hypnosis, biofeedback, and behavior analysis and  therapy; diagnosis and treatment of mental and emotional disorder or disability in both inpatient  and outpatient settings, alcoholism and substance abuse, disorders of habit or conduct, as well as  the psychological aspects of physical illness, accident, injury, or disability; psychoeducational  evaluation, therapy, remediation, and consultation; and teaching and training of psychological  competence. Psychological services may be rendered to individuals, families, groups, and the  public. The practice of psychology shall be construed within the meaning of this definition without  regard to whether payment is received for services rendered. 
  2. The application of these principles and methods includes, but is not restricted to: diagnosis,  prevention, treatment, and amelioration of adjustment problems and emotional and mental  disturbances of individuals and groups; hypnosis; counseling; educational and vocational  counseling; personnel selection and management; the evaluation and planning for effective work  and learning situations; advertising and market research; and the resolution of interpersonal and  social conflicts. 

Missouri Revised Statutes § 337.015.  

https://revisor.mo.gov/main/OneSection.aspx?section=337.015 

Montana 

(4) (a) “Practice of psychology” means the observation, description, interpretation, and  modification of human behavior by the application of psychological principles, methods, and  procedures for the purpose of eliminating symptomatic, maladaptive, or undesired behavior and  improving interpersonal relations, work and life adjustment, personal effectiveness, and mental  health. 

(b) The practice of psychology includes but is not limited to psychological testing and evaluation  or assessment of personal characteristics such as intelligence, personality, abilities, interests,  aptitudes, and neuropsychological functioning; counseling, psychoanalysis, psychotherapy,  hypnosis, biofeedback, and behavior analysis and therapy; diagnosis and treatment of mental and  emotional disorders or disabilities, chemical dependency, substance abuse, and the psychological  aspects of physical illness, accident, injury, or disability; and psychoeducational evaluation,  therapy, remediation, and consultation. 

(5) A person represents to the public that the person is a “psychologist” when the person uses a 

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title or description of services incorporating the words “psychologist”, “psychological”,  “psychologic”, or “psychology” and offers to render or renders psychological services described  in subsection (4) to individuals, groups, corporations, or the public, whether or not the person  does so for compensation or fee 

References: 

MCA § 37-17-102.  

https://leg.mt.gov/bills/mca/title_0370/chapter_0170/part_0010/section_0020/0370-0170-0010-0020.html 

Nebraska 

(1) Practice of psychology means the observation, description, evaluation, interpretation, or  modification of human behavior by the application of psychological principles, methods, or  procedures for the purpose of preventing or eliminating symptomatic, maladaptive, or undesired  behavior and of enhancing interpersonal relationships, work and life adjustment, personal  effectiveness, behavioral health, and mental health. 

(2) The practice of psychology includes, but is not limited to, psychological testing and the  evaluation or assessment of personal characteristics such as intelligence, personality, abilities,  interests, aptitudes, and psychophysiological and neuropsychological functioning; counseling,  psychoanalysis, psychotherapy, hypnosis, biofeedback, and behavior analysis and therapy;  diagnosis and treatment of mental and emotional disorders, alcoholism and substance abuse,  disorders of habit or conduct, and the psychological aspects of physical illness, accident, injury, or  disability; psychoeducational evaluation, therapy, remediation, and consultation; and supervision  of qualified individuals performing services specified in this section. 

(3) Psychological services may be rendered to individuals, families, groups, organizations,  institutions, and the public. The practice of psychology shall be construed within the meaning of  this definition without regard to whether payment is received for services rendered. 

References: 

Nebraska Revised Statutes § 38-3108 (2021). 

https://nebraskalegislature.gov/laws/statutes.php?statute=38-3108 

Nevada 

“Practice of psychology” means the observation, description, evaluation, interpretation or modification of human behavior by the application of psychological principles, methods or  procedures to prevent or eliminate problematic, unhealthy or undesired behavior and to enhance  personal relationships and behavioral and mental health. The term includes, without limitation,  such specialized areas of competence as: 

  1. Hypnosis; 

References:

Nevada Revised Statutes § 641.025.  

https://www.leg.state.nv.us/Division/Legal/LawLibrary/NRS/NRS641.html#NRS641Sec025 

New Hampshire  
  • 329-B:2 VII. “Psychology practice by a licensed psychologist” means: (c) Counseling, consultation, psychoanalysis, psychotherapy, hypnosis, biofeedback, and behavior  analysis and therapy; 
  • 328-E:4 I. Doctors of naturopathic medicine shall be authorized to use for preventive and  therapeutic purposes the following natural medicines and therapies: food, food extracts, vitamins,  minerals, enzymes, digestive aids, whole gland thyroid, plant substances, all homeopathic  preparations, topical medicines, counseling, hypnotherapy, biofeedback, dietary therapy,  naturopathic physical medicine, therapeutic devices, and barrier devices for contraception. 

References: 

NH Rev Stat § 329-B:2 (2021). https://www.gencourt.state.nh.us/rsa/search/default.aspx

NH Rev Stat § 328-E:4 (2021). https://www.gencourt.state.nh.us/rsa/search/default.aspx 

New Mexico 
New York 
North Carolina 

(8) Practice of psychology. – The observation, description, evaluation, interpretation, or  modification of human behavior by the application of psychological principles, methods, and  procedures for the purpose of preventing or eliminating symptomatic, maladaptive, or undesired  behavior or of enhancing interpersonal relationships, work and life adjustment, personal  effectiveness, behavioral health, or mental health. The practice of psychology includes, but is not  limited to: psychological testing and the evaluation or assessment of personal characteristics such  as intelligence, personality, abilities, interests, aptitudes, and neuropsychological functioning;  counseling, psychoanalysis, psychotherapy, hypnosis, biofeedback, and behavior analysis and  therapy; diagnosis, including etiology and prognosis, and treatment of mental and emotional  disorder or disability, alcoholism and substance abuse, disorders of habit or conduct, as well as of  the psychological and neuropsychological aspects of physical illness, accident, injury, or  disability; and psychoeducational evaluation, therapy, remediation, and consultation.  Psychological services may be rendered to individuals, families, groups, and the public. The  practice of psychology shall be construed within the meaning of this definition without regard to  whether payment is received for services rendered. 

(9) Psychologist. – A person represents himself or herself to be a psychologist if that person uses  any title or description of services incorporating the words “psychology”, “psychological”, “psychologic”, or “psychologist”, states that he or she possesses expert qualification in any area  of psychology, or provides or offers to provide services defined as the practice of psychology in  this Article. All persons licensed under this Article may present themselves as psychologists, as  may those persons who are exempt by G.S. 90-270.138 and those who are qualified applicants under G.S. 90-270.139. (1967, c. 910, s. 2; 1977, c. 670, s. 1; 1979, c. 670, s. 1; 1993, c. 375, s. 1; 1993 (Reg. Sess., 1994), c. 569, s. 14; 1999-292, ss. 1, 2; 2020-82, s. 1(a).) . 

References: 

North Carolina General Statutes § 90-270.2.  

https://www.ncleg.gov/enactedlegislation/statutes/html/bysection/chapter_90/gs_90-270.136.html 

North Dakota 
  1. “Practice of psychology” means the observation, description, evaluation, interpretation, or modification of human behavior by the application of psychological principles, methods, and procedures for the purpose of preventing or eliminating symptomatic, maladaptive, or undesired behavior and enhancing interpersonal relationships, work and life adjustment, personal effectiveness, behavioral health, and mental health. The term includes psychological testing and the evaluation or assessment of personal characteristics, such as intelligence, personality, abilities, interests, aptitudes, and neuropsychological functioning; counseling, psychotherapy, biofeedback, behavior analysis and therapy, clinical applications of hypnosis, and other therapeutic techniques based on psychological principles; diagnosis and treatment of mental and emotional disorder or disability, compulsive disorders, disorders of habit or conduct as well as of the psychological aspects of physical illness, accident, injury, or disability; and psychoeducational evaluation, therapy, remediation, and consultation. The term includes providing psychological services to individuals, families, groups, 

organizations, institutions, and the public regardless of whether payment is received for services rendered. The term includes supervising others who are engaged in the practice of psychology. 

  1. “Psychologist” means an individual who is licensed under this chapter in the practice of psychology. 

References: 

North Dakota Century Code § 43-32-01. https://ndlegis.gov/cencode/t43.html

Ohio 

Rev. Code § 4732.01 (C) “Psychological procedures” include but are not restricted to application  of principles, methods, or procedures of understanding, predicting, or influencing behavior, such as  the principles pertaining to learning, conditioning, perception, motivation, thinking, emotions, or  interpersonal relationships; the methods or procedures of verbal interaction, interviewing, counseling, behavior modification, environmental manipulation, group process, psychological  psychotherapy, or hypnosis; and the methods or procedures of administering or interpreting tests  of mental abilities, aptitudes, interests, attitudes, personality characteristics, emotions, or  motivation. 

Administrative Code § 4732-5-01 (A) Consistent with division (A)(7) of section 4732.22 of  the Revised Code, persons regulated under other sections of the Revised Code can use hazardous  psychological procedures when consistent with their professions, provided they do not hold  themselves out to the public by the title “psychologist.” As defined in division (A) of section  4732.01 of the Revised Code, using the terms “psychologic,” “psychological,” or “psychology” in  describing the services offered constitutes holding oneself out to the public as a psychologist  even though use of the procedures under other names may be permitted, as provided by law. 

(B) The following psychological procedures are a serious hazard to mental health as that term is  defined in paragraph (L) of rule 4732-3-01 of the Administrative Code and require professional  expertise in psychology: 

(4) Hypnotic techniques for diagnostic, treatment, or other psychotherapeutic purposes 

Administrative Code § 4732-3-01 (L) “Serious hazard to mental health” occurs where an  individual is at substantial risk of developing a mental disorder or to be at substantial risk of  increasing the severity of an existing mental disorder. 

References:  

Ohio Revised Code § 4732.01. https://codes.ohio.gov/ohio-revised-code/section-4732.01

Ohio Administrative Code § 4732-5-01. https://codes.ohio.gov/ohio-administrative-code/rule-4732-5-01 

Ohio Administrative Code § 4732-3-01. https://codes.ohio.gov/ohio-administrative-code/rule-4732-3-01 

Oklahoma 
  1. “Practice of psychology” means the observation, description, evaluation, interpretation, and  modification of human behavior by the application of psychological principles, methods, and  procedures, for the purpose of preventing or eliminating symptomatic, maladaptive, or undesired  behavior and of enhancing interpersonal relationships, work and life adjustment, personal  effectiveness, behavioral health, and mental health. The practice of psychology, a branch of the  healing arts, includes, but is not limited to, psychological testing and the evaluation or assessment  of personal characteristics, such as intelligence, personality, abilities, interests, aptitudes, and  neuropsychological functioning; counseling, psychoanalysis, psychotherapy, hypnosis,  biofeedback, and behavior analysis and therapy; diagnosis and treatment of mental and emotional  disorder or disability, alcoholism and substance abuse, disorders of habit or conduct, as well as of  the psychological aspects of physical illness, accident, injury, or disability; and psychoeducational  evaluation, therapy, remediation, and consultation. Psychological services may be rendered to  individuals, families, groups, and the public. The practice of psychology shall be construed within  the meaning of this definition without regard to whether payment is received for services rendered;

References: 

Oklahoma Statutes § 59-1352. http://www.oklegislature.gov/osStatuesTitle.aspx

Oregon  
Pennsylvania 
Rhode Island 

(7) “Practice of psychology” means the rendering of professional psychological services to  individuals, groups, families, or any public or private organization for remuneration. Professional  psychological services means applying established psychological principles, methods, or  procedures for the purpose of preventing or eliminating symptomatic, maladaptive, or undesired  behavior and of enhancing interpersonal relationships, work and life adjustment, personal  effectiveness, and mental health. The practice of psychology includes, but is not limited to: 

(iv) Counseling, psychotherapy, psychoanalysis, hypnotherapy, biofeedback, and behavior  analysis and therapy. 

References: 

Rhode Island General Laws § 5-44-1. 

http://webserver.rilin.state.ri.us/statutes/title12/title5/5%2D44/5%2D44%2D1.htm

South Carolina 
  • 40-55-50 Acts constituting practice as psychologist. 

(A) A person practices as a psychologist within the meaning of this chapter when that person holds  himself or herself out as a psychologist or applies the principles, methods, or procedures of  psychology in the conduct of any of the following activities: 

(2) Engaging in a therapeutic relationship with an individual, family, or group for the purpose of  one or more of the following: 

(a) improving the quality of mental health or social adjustment, or both; 

(b) reducing, preventing, modifying, or eliminating maladaptive or undesired behaviors,  cognitions, emotions, or psychological or physical characteristics; 

(c) treating diagnosed mental disorders, whether treatment is focused on behavioral manifestations  of the disorder, the environmental context of the disorder, or underlying causal processes; 

(d) improving individual performance; 

(e) modifying cognitions, emotions, or behaviors, or a combination of these, in order to influence  psychological well-being; 

(f) psychological research; or 

(g) any combination of subitems (a) through (f). 

For purposes of this section, a “therapeutic relationship”, except as provided for in Section 40-55- 90, refers to, but is not limited to, one or more of the following practices insofar as they involve the  application of psychological principles, methods, or procedures: psychotherapy, psychoanalysis,  therapy, family therapy, marital therapy, couples therapy, play therapy, counseling, rehabilitation,  intervention, hypnotherapy, biofeedback, behavior therapy, behavior modification, psychological  counseling, human potential psychology, vocational counseling, school counseling, growth  psychology, alcohol or substance abuse counseling, or both, or remediation, or a combination of  any of these for any of the purposes identified in this item. 

  • 40-75-20 (17) “Practice of professional counseling” means functioning as a psycho-therapist  and may include, but is not limited to, providing individual therapy, family counseling, group  therapy, marital counseling, play therapy, couples counseling, substance abuse counseling,  vocational counseling, school counseling, rehabilitation counseling, intervention, human growth  and development counseling, behavioral modification counseling, and hypnotherapy. The practice  of professional counseling may include assessment, crisis intervention, guidance and counseling to  facilitate normal growth and development, including educational and career development;  utilization of functional assessment and counseling for persons requesting assistance in adjustment  to a disability or handicapping condition; and consultation and research. The use of specific  methods, techniques, or modalities within the practice of licensed professional counseling is  restricted to professional counselors appropriately trained in the use of these methods, techniques, or modalities. 

References: 

South Carolina Code of Laws § 40-55-50. https://www.scstatehouse.gov/code/t40c055.php

South Carolina Code of Laws § 40-75-20.  

https://www.scstatehouse.gov/query.php?search=DOC&searchtext=hypnotherapy&category=CODEOFLAWS&conid=37293110&result_pos=0&keyval=19057&numrows=10 

South Dakota  

(3) “Psychological procedures,” include but are not restricted to the application of principles,  methods or procedures of understanding, predicting or influencing behavior, such as the  principles pertaining to learning, conditioning, perception, motivation, thinking, emotions or  interpersonal relationships; the methods or procedures of verbal interaction, interviewing,  counseling, behavior modification, environmental manipulation, group process, psychotherapy,  biofeedback or hypnosis; and the methods or procedures of administering or interpreting tests of  mental abilities, aptitudes, interests, attitudes, personality characteristics, emotions or motivation; 

References: 

South Dakota Codified Laws § 36-27A-1.  

https://sdlegislature.gov/Statutes/Codified_Laws/2060964 

Tennessee 

(a) 

(1) “Practice of psychologist” means the observation, description, evaluation, interpretation and  modification of human behavior by the application of psychological principles, methods and  procedures for the purpose of assessing, preventing or eliminating symptomatic, maladaptive or  undesired behavior and of enhancing interpersonal relationships, work and life adjustment,  personal effectiveness, behavioral health and mental health. 

(2) 

(A) “Practice of psychologist” includes, but is not limited to: 

(ii) Counseling, psychoanalysis, psychotherapy, hypnosis, biofeedback and behavior analysis and  therapy; 

(b) A person represents that person to be a psychologist if that person uses any title or description  of services incorporating the words “psychology,” “psychological” or “psychologist,” if such  person possesses expert qualification in any area of psychology or if that person offers to the  public or renders to individuals or to groups of individuals services defined as the practice of  psychology in this chapter. 

References:  

Tennessee Code Ann. § 63-11-203.  

https://advance.lexis.com/documentpage/?pdmfid=1000516&crid=a6259be3-01a3-4833-b62d-d993ebd78df7&config=025054JABlOTJjNmIyNi0wYjI0LTRjZGEtYWE5ZC0zNGFhOWNhMjFlNDgKAFBvZENhdGFsb2cDFQ14bX2GfyBTaI9WcPX5&pddocfullpath=%2Fshared%2Fdocument%2Fstatutes-legislation%2Furn%3AcontentItem%3A50G5-6KJ0-R03M-22RN-00008-00&pdcontentcomponentid=234179&pdteaserkey=sr2&pditab=allpods&ecomp=vs65kkk&earg=sr2&prid=a6a90a30-2b18-45b6-ae2a-84adf850bc9c

Vermont 

(8) “Naturopathic medicine” or “the practice of naturopathic medicine” means a system of health  care that utilizes education, natural medicines, and natural therapies to support and stimulate a  patient’s intrinsic self-healing processes and to prevent, diagnose, and treat human health  conditions, injuries, and pain. In connection with such system of health care, an individual licensed  under this chapter may: 

(A) Administer or provide for preventative and therapeutic purposes nonprescription medicines,  topical medicines, botanical medicines, homeopathic medicines, counseling, hypnotherapy,  nutritional and dietary therapy, naturopathic physical medicine, naturopathic childbirth, therapeutic  devices, barrier devices for contraception, and prescription medicines authorized by this chapter. 

References:  

26 V.S.A. § 4121. https://legislature.vermont.gov/statutes/section/26/081/04121

Virginia 

“Practice of clinical psychology” includes, but is not limited to: 

  1. “Diagnosis and treatment of mental and emotional disorders” which consists of the appropriate  diagnosis of mental disorders according to standards of the profession and the ordering or  providing of treatments according to need. Treatment includes providing counseling,  psychotherapy, marital/family therapy, group therapy, behavior therapy, psychoanalysis, hypnosis,  biofeedback, and other psychological interventions with the objective of modification of  perception, adjustment, attitudes, feelings, values, self-concept, personality or personal goals, the  treatment of alcoholism and substance abuse, disorders of habit or conduct, as well as of the  psychological aspects of physical illness, pain, injury or disability. 

References:  

Code of Virginia § 54.1-3600. 

https://law.lis.virginia.gov/vacode/title54.1/chapter36/section54.1-3600/ 

West Virginia 
Wisconsin 

(5)

(a) “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. 

  1. Assisting in legal decision-making. 

(b) “Practice of psychology” includes all of the following if done in exchange for a fee: 2. Counseling, consultation, psychoanalysis, psychotherapy, hypnosis, biofeedback, behavior  therapy, and applied behavior analysis. 

References:  

Wisconsin Statute § 455.01.  

https://docs.legis.wisconsin.gov/statutes/statutes/455/i/01/5/b/2 

Wyoming 

(iii) “Practice of psychology” means the observation, description, evaluation, interpretation and  modification of human behavior by the application of psychological principles, methods and  procedures, for the purpose of any one (1) or any combination of the following: 

(E) Psychoanalysis, psychotherapy, hypnosis, biofeedback and behavior analysis and therapy; References: 

Wyo. Stat. § 33-27-113.  

https://advance.lexis.com/documentpage/?pdmfid=1000516&crid=292bafb0-a6cb-421c-93c6-ffd548d23813&config=00JABmMTEzODA5Zi0wOWExLTQ3NTAtOThmNy0xYjc5ZjUwYzRkZmIKAFBvZENhdGFsb2f3sjqEYfYX7EMD8yWYBYCu&pddocfullpath=%2Fshared%2Fdocument%2Fstatutes-legislation%2Furn%3AcontentItem%3A56VF-H2S1-73WF-6515-00008-00&pdcontentcomponentid=234174&pdteaserkey=sr0&pditab=allpods&ecomp=vs65kkk&earg=sr0&prid=f1b79de6-f01d-4897-af1a-ac59cf08c449

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