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Author Topic: Texas
Posts: 54
Post Texas
on: July 5, 2011, 18:52


Status: Guild Standard (there have been 3 prosecutions and 30 Cease and Desist Orders issued)

Restrictive psychology practice protection legislation (SB 1424) halting the practice of professional hypnotherapy by non-licensed professionals has been passed in Texas, and on February 8, 1995 was upheld by the Attorney General. At the present time it is possible to legally practice hypnosis for health care purposes in Texas only if one is a licensed mental health professional or a medical doctor, or is certified to practice forensic hypnosis. We are aware of the arrests of three hypnotherapists. Dr. Shari Patton was arrested for practicing psychology without a license and for consumer fraud in November 1995 for holding self-hypnosis classes for weight control. She plea-bargained this for a $10,000 fine and an agreement to conduct no further business in Texas. Also, two hypnotists, Larry and Gordon Brick have been arrested for teaching smoking cessation classes.

Emergency legislation offered by a coalition of hypnotherapists in 1995 failed. This legislation sponsored by Mr. Schoonover made progress but died on the floor of the Texas legislature. The Texas Psychology Board appeared to be seeking to create legislative precedent for the suppression of professional hypnotherapy by targeting weak individual practitioners who do traveling smoking cessation programs. Once legal precedent is created it can then be used to suppress all hypnotherapists. The Texas Attorney General ruling in support of the Psychology Board does limit the jurisdiction of the Psychology Board to hypnosis done "for health care purposes," and that hypnosis for purposes other than health care may or may not be legal in Texas. To date, there has been no communication from the Psychology Board to Texas hypnotherapists.

On April 11, 1996 an accord was reached by representatives of Mr. Schoonover's group, ACHE and ABH to introduce the model union registration act next year. The accord modified the training requirements slightly--125 hours of instruction instead of 100, and the 200 hours of supervision was changed to a 100 hour, 12 week internship. All parties agreed to the change and the legislation was drafted and we reviewed a copy. However, the coalition fell apart due to bickering between the parties and no bill was introduced.

Since 1996 there have been several court challenges to the Texas Attorney General ruling by specific individuals which has resulted in a “strict” interpretation of the terms contained in the ruling, although this “case law” precedent does not modify the underlying legislation.

In 2001 a new Psychology Board began enforcing the law against hypnotists and 30 Cease and Desist Orders were issued to hypnotists throughout the state. The Texas hypnotists asked the Guild for assistance. An attorney retained to represent our union political arm has negotiated an uneasy truce with the Attorney General.

At the present time, so long as a practitioner does not hold him or herself out to the public in any way as practicing health care, he or she should be able to practice in Texas. However, great care must be taken to stay on the correct side of the (rather vague and ambiguous) law in Texas. Guild practitioners are advised to use the “hypnotist” title rather than “hypnotherapist,” and to carefully abide by the Code of Standards and Practices of the Guild for a State on Guild Standard. Practitioners should also avoid any use of the words “clinical” or “medical” in titles or description of services, and in general should avoid use of the language of the licensed professions.

Advisory Board, National Guild of Hypnotists
Legislative Liaison, National Federation of Hypnotists 104
Fellow and Certified Instructor, National Guild of Hypnotists

Posts: 1
Post Re: Texas
on: July 25, 2011, 21:53

Hmmm--I wonder where I stand as I'm a licensed RN with a year's experience on a locked psychiatric unit. I am a Certified Clinical Hypnotherapist by the American Institute of Health Care Professionals and a Certified Hypnotherapist by NGH. I do not charge for my services, work part time, and do accept donations.

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