Florida Laws Regarding the Practice of Hypnotherapy

FL Statutes -485.004: When the practice of hypnosis is prohibited.

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, or prescription, and responsibility of such a person.

Protecting the Practice of Hypnotherapy in Florida – Collier County

Advanced Hypnotherapy of Naples, and Naples Hypnotherapy Academy, are pleased to announce a big victory in the free and open practice of Hypnotherapy. It was recently brought to our attention that Collier County, Florida, has for years had a misinterpretation of Florida law regarding the practice of Therapeutic Hypnosis. They were requiring Hypnotherapists to have a physician sign a sworn affidavit to be responsible for all the Hypnotherapist’s clients, or be responsible to supervise this Hypnotherapist who was practicing therapeutic hypnosis.

This is unreasonable to expect a physician to accept this additional liability. This was, however, a misunderstanding of the Florida Hypnosis Statutes that they were enforcing quite diligently. Our office refused to accept this limitation on our legal right to practice our occupation and we especially could not allow a trained Hypnotherapist who graduated from a legitimate institution to be refused the right to practice the profession that they were legally trained in.

Advanced Hypnotherapy of Naples Director Mr. Peter C Williams, CCHt., contacted the County and explained the statutes governing the practice of hypnosis in Florida. Through multiple talks with the Tax Collector’s Office and an ultimate meeting with Ms. Carolyn Francis, County Business Office Manager, and Mr. Rob Stonburner, Deputy Tax Collector, Mr. Williams was able to convince them of a new proposal that would satisfy the County’s need to follow the guidelines of the Statute, while satisfying our position that all trained Hypnotist/Hypnotherapist should be free to practice Hypnosis and or Hypnotherapy within the scope of their training within the guidelines stipulated by Florida’s Statute. This was to be brought before the County Attorney and the Department of Health. On Wednesday, September 19th, 2012, Mr. Williams again contacted the Collier County office for a verdict on this matter.

We thank the offices of Collier County for being willing to hear our case, allowing the county attorneys to create and adopt a new form (based on our suggestions), removing the physician’s affidavit requirement, sending it to Tallahassee (state capital) for approval, and taking this matter to a place of resolution.

The verdict came back in the affirmative for the free and open practice of Hypnotherapy based upon an accurate and fair interpretation of the Florida Hypnosis Law. We thank Ms. Francis and Mr. Stonburner for their courtesy in hosting this meeting and their professionalism, open-mindedness, and time.

The Florida Hypnosis Statutes require that qualified Hypnotherapists who intend to practice “therapeutic hypnosis” are required to have the prescription, referral, supervision, or direction from the appropriate licensed practitioner of the healing arts. This does not mean that said practitioner must be a physician and that this physician must sign a sworn affidavit saying that he or she will supervise the Hypnotherapist. The new change acknowledges that a Hypnotherapist who is qualified to practice therapeutic hypnosis will sign an affidavit that reads:

“Certify that applicant, requesting a business tax receipt to practice Hypnosis, has knowledge of and will fully comply with applicable law.

The undersigned, _________________________ (Applicant), hereby requests a business tax receipt for the practice

of hypnosis: _________________________ and certified that:

1.Applicant has read and understands Chapter 485, Florida Statutes, also known as the “Hypnosis Law”.

2. Applicant intends to engage in the practice of therapeutic hypnosis.

3.Applicant will not engage in the practice of Hypnosis for therapeutic purposes unless, under the direction, supervision or prescription of practitioners of the healing arts and is trained and qualified in therapeutic Hypnosis “qualified person” (as defined in Chapter 485, Florida Statutes).

4.Applicant will, under penalty of law, abide by Chapter 485, Florida Statutes.

Date__________ Signature of Applicant_______________________”

We here at Advanced Hypnotherapy of Naples and Naples Hypnotherapy Academy are working hard to protect the free practice of hypnotherapy in Collier County. This resolution through Peter’s hard work will undoubtedly resonate throughout Florida’s cities and counties and may also affect the practice of Hypnotherapy throughout the state and the country. We’d also like to thank Collier County Tax Collector’s Office for allowing practitioners of our occupation to practice Hypnotherapy to the full extent of their training and credentials.

Tax Credit for Sessions

IRS Tax Credit for Smoking Cessation & Weight Loss Hypnotherapy Programs

  • You Can Get 100% I.R.S. Tax Credit for your Weight Loss and/or Smoking Cessation Hypnotherapy Program and other medical issues, once hypnotherapy was prescribed by a physician.
  • Tax laws passed from 2003 to the present, allowing a tax credit of your out-of-pocket expense for tobacco cessation–cigarettes, pipe, cigar, and chewing tobacco.
  • Receive 100% Tax Credit for out-of-pocket expenses for weight loss programs and other medical issues if you were advised by a physician to lose weight
  • This is a tax credit – not a tax deduction, that means 100% credit for your out-of-pocket expenses
  • Any therapeutic hypnosis or hypnotherapy sessions dealing with medical issues may be deductible
  • To find out more about claiming your tax credits, deductibles, and the proper form to complete, contact your CPA or a tax professional

Source: http://www.irs.gov/pub/irs-pdf/p502.pdf (Pages 13 & 14)