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California Business & Professions Code #2908
Every state has its own laws regarding the practice of hypnosis. In California the only law that specifically defines the legality and scope of the NLP Practitioner / Hypnotherapist is contained in California's Business and Professions Code #2908. The following paragraph was amended to this code. The italics were included as the result of the lobbying efforts of Dr. John Kappas and the political influence of the Hypnotists Union AFL-CIO.
Chapter 6.6 / California Business and Pro Code relating to Psychologists states (in Part):
2908.î 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 optometrists, psychiatric technicians, or psychiatric nurses who are registered nurses in the State of California and who work under the supervision of a licensed physician, or licensed psychologist, or attorneys admitted to the California State Bar, or persons utilizing hypnotic techniques by referral from persons licensed to practice medicine, dentistry, or psychology, or persons utilizing hypnotic techniques which offer vocational or avocational self-improvement and do not offer therapy for emotional or mental disorders.î
LAWS GOVERNING COUNSELING PROFESSIONALS Technically there are no laws specifically governing the conduct of NLP and Hypnotherapists. Recent court rulings, however, have set precedents that indicate that laws written for the Psychologist were intended for all counseling professions. Consequently it is wise to assume that all the legal guidelines for the conduct of psychologists are also intended to be guidelines for NLP Practitioners / Hypnotherapists as well.
THE PRIVILEGE OF CONFIDENTIALITY The client has the right to confidentiality. This is referred to as the clients 'privilege". The therapist must protect the clientís privilege at all times. Consequently the therapist must never reveal to outside sources any information revealed by the client. Before any such privileged information can be shared the therapist must obtain, and have on record, a signed release by the client. The release must specifically give permission to that therapist to release the client's privileged information to a specific source. The release must be signed and dated.
DUTY TO INFORM The duty to inform supersedes the therapist's obligation to protect the client's privilege. The duty to inform comes from the landmark "Tarasoff' case in which a school psychologist was sued by the parents of a female student who was shot by her boyfriend. The boyfriend was a client of the school Psychologist. In the course of treatment the boyfriend revealed to the Psychologist that he intended to hurt the girlfriend and the Psychologist failed to warn her of the potential for harm. Since this landmark case, counseling professionals have the duty to inform intended victims of the potential for harm. Note the word potential. This requires the counselor to use "professional judgment. The court says that if the counselor has "reasonable cause" to suspect that his client may injure another person, that the counselor has the duty to warn the intended victim. The counselor also has the duty to protect the client from hurting themselves, as in the case of suicide. The counselor must take precautionary measures to protect the client from themselves. In such circumstances the counselor then is considered to be exempt from the obligation to protect the client's privilege. In a court of law the counselor's professional judgment could be questioned and that counselor would have to demonstrate that there was indeed "probable cause" to fear injury of the intended victim.
DUTY TO REPORT CHILD ABUSE This requirement varies in states. In California thereís a major emphasis for all health professionals to report child abuse. Counseling professionals are mandated by the State of California to report all "suspected" child abuse to the Child Protective Agency. Such reports must be phoned in 24 hours of the therapist having reasonable cause for suspicion. A written report must follow within 72 hours.
ETHICAL GUIDELINES Ethical guidelines are not laws, but rather guidelines set by professional associations as accepted standards for behavior. The guidelines set by the American Psychological Association are considered the most standard and accepted. Copies of these standards can be obtained from the APA. It is best if counseling professionals were to look upon ethical guidelines as being the same as law. Following ethical guidelines should be considered preventative behavior against professional liability.
SECONDARY RELATIONSHIPS A secondary relationship is a broad guideline that emphasizes the professional role of the counselor. The professional counselor is considered to have "undue influence" over their clientele. Without undue influence the counselors probably could not effectively do their job. This "vulnerability" of the client-therapist relationship is perhaps most exaggerated when the heightened suggestibility of hypnosis is present. The therapist is to treat this vulnerability in their clients with the utmost respect and integrity. The primary relationship between therapist and client should be the therapeutic one, i.e. the therapists helping the client to reach his or her goals. Any other relationship is considered secondary and unacceptable or unethical.
TRANSFERENCE AND COUNTERTRANSFERENCE Transference is a natural and, in many professionals' opinions a necessary part of the therapeutic process. Simply put, transference occurs when the client transfers, or attributes to the therapist the feelings or emotions that they have for significant figures in their past or just emotions they are experiencing as a part of the therapeutic experience. Most commonly I the feelings that are attributed to the therapist are feelings of love or hate. This phenomenon can provide the client the safe opportunity to gain resolution of those emotions. Counter transference is when the therapist begins reciprocating those feelings of love or hate of the client. This is not acceptable or ethical. The therapist should always be on the lookout for possible counter transference emotions and should arrest them or remove him or herself from the professional relationship.
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Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Los Angeles, CA. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Los Angeles, CA, under the rules of the American Arbitration Association. Judgment upon award rendered by the arbitration may be entered in any court with jurisdiction to do so.
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