In honor of National Hypnotism Day Jan. 4, Follow Our Courts looks at whether a hypnotist or hypnotherapist can legally hypnotize someone without their consent.
According to hypnosis-info.com, most states have regulations in place governing the practice of hypnotherapy which require practitioners to obtain informed consent from the individual before administering hypnotherapy or using any form of hypnotic suggestion. In addition, some states have laws that make it illegal to engage in hypnotherapy without obtaining prior written authorization from an individual.
We could not find any specific mention of hypnosis consent in California law, but SB 577 directs complementary/alternative health practitioners to make disclosures to those they practice upon, such as if the practitioner is not a licensed physician. This law also directs alternative health practitioners to get written acknowledgement of receipt of such disclosures before providing services.
