Florida Hypnosis Law Part 2

To further explain the stance of the Florida Institute of Hypnotherapy on Florida Hypnosis Law, please read the following letter written by Institute Director, Matthew Brownstein, who came to the aid of a graduate who was not being allowed to receive his business license based upon a misinterpretation of Florida Hypnosis Law (The student’s name is removed for confidentiality.)  The very day that the City attempted to keep this student from having his business license, this letter was written and upon careful deliberation of Florida Hypnosis Law the decision was reversed and the license was granted as it is completely legal for a hypnotherapist to practice hypnosis with the scope of his or her credentials in the State of Florida.

 

10/5/2011

To:          City of Melbourne: Revenue Office

               900 E. Strawbridge Ave.

Melbourne, FL 32901

321-609-7000

 

From:        Matthew Brownstein, CHT

                Executive Director, Florida Institute of Hypnotherapy

                Florida Department of Education License #3448

                Hypnotherapists Local Union 472 #4697509 – Florida Representative

                American Council of Hypnotist Examiners – Certified School, Instructor and Examiner #3448

Re: Inappropriate restrictions for business licensure regarding Florida Hypnosis Law

A recent graduate of ours, Mr.___, applied for a business tax receipt in the City of Melbourne.  Your office placed an unlawful restriction upon his constitutional right to practice his occupation in accordance with Florida Hypnosis Statutes.  This is therefore a formal request that you review your understanding of these Statutes and to immediately offer Mr. ___ a business license without restrictions to practice hypnosis within the scope of his training.

The Florida Institute of Hypnotherapy is licensed by the Florida Department of Education to offer diplomas in the fields of Hypnotherapy, Clinical Hypnotherapy and Transpersonal Hypnotherapy.  Your office is denying Mr. ___ the right to utilize a State-Licensed education.

Hypnotherapist, as an occupational title, is acknowledged by the United States Department of Labor as its own occupation.  Mr. ___ therefore has the right to practice this occupation according to his training in this field.

Florida Statutes 485.001 to 485.005 do not limit a practitioner of Hypnotherapy to only work within the supervision of a licensed practitioner of the healing arts and these statutes certainly do not limit the Hypnotherapist to work only under the supervision of only one practitioner. Your restrictions limit Mr. ___ to only work under the supervision of the medical doctor who will primarily be referring to him. There is nothing within the Florida Statutes that says that other licensed practitioners cannot also refer to him, thus making this restriction extremely limiting and unlawful.

Florida Hypnosis Law specifically delineates between “therapeutic” and “non-therapeutic” hypnosis.  According to Florida Law, when Mr. ___ practices “non-therapeutic” hypnosis he is not required to have a prescription, referral, supervision or direction from a licensed practitioner of the healing arts. 

When a Hypnotherapist works on conditions that are “therapeutic”, then the he or she needs a prescription, referral, supervision or direction from the appropriate licensed practitioner of the healing arts as listed in those Statutes.  To limit Mr. ___, or any other Hypnotherapist, to only working with one medical doctor is clearly a misunderstanding of Florida Hypnosis Law.

I am therefore requesting that your offices reconsider your stance on the Florida Hypnosis Statutes and grant Mr. ___, and any future Hypnotherapist, their complete right to practice their occupation in accordance with Florida Hypnosis Law by offering a business license entitled “Hypnotherapist” where no restrictions are made.  If you consult with other Florida City and County offices you will see that you have a misunderstanding of this law that needs to be changed immediately so as to grant Mr. ___ his constitutional right to practice his occupation.

Sincerely,

Matthew Brownstein, CHT

Executive Director, Florida Institute of Hypnotherapy

Florida Representative of Hypnotherapists Union Local 472 – AFL-CIO Affiliated