Hypnosis and Hypnotherapy are natural and relaxing processes to help people overcome and improve areas of their lives where they have felt challenged. Hypnotherapy has traditionally been viewed as an alternative to conventional medical and psychological treatments. Today, hypnotherapy has evolved into mainstream approaches to help people

live happier, more successful lives. Results using hypnosis are different for everyone, as everyone's life experiences are unique. Your success with using hypnosis is contingent upon a variety of issues such as your ability to relax, thereby allowing access to natural rain wave patterns, such as alpha and theta, and a willingness to trust your visual, auditory and felt experiences as being your normal human capabilities.

Hypnotherapy is not licensed profession in the State of California. The State of California specifically defines the legality and scope of Hypnotherapy and Hypnotherapist as contained in California’s Business and Professions Code #2908. In short, the Business and Professions code provides clear exceptions for the legality of using hypnotherapy

when:

1) working under referral of Doctors, Psychologists or Dentists

2) utilizing hypnotic techniques for avocational or vocational self-improvement and do not offer therapy for emotional and mental disorders.

If you are need of medical assistance, please call 911 or contact your appropriate medical or psychiatric professional. Elizabeth Miller will provide referrals to licensed professionals in San Diego, who offer online and in-person services.

Elizabeth Miller, MEd, CCHt is a clinical hypnotherapist and not a licensed physician or psychologist. The services of Elizabeth Miller are alternative to healing arts services licensed by the state of California and are not intended to diagnose, prescribe, or treat any medical condition or mental health disorder. Elizabeth Miller, MEd, CCHt and Elizabeth Miller Hypnotherapy do not accept responsibility for a person’s experience in hypnosis, as each session is unique to that person and that person alone.

State of California Laws and Regulations Governing Hypnotherapy

BUSINESS AND PROFESSIONS CODE – BPC 2903. DIVISION 2. HEALING ARTS [500 - 4999.129] (Division 2 enacted by Stats. 1937, Ch. 399.) CHAPTER 6.6. Psychologists [2900 - 2999.105] (Chapter 6.6 repealed and added by Stats. 1967, Ch. 1677.)

ARTICLE 1. General Provisions [2900 - 2919] (Article 1 added by Stats. 1967, Ch. 1677.) 2903.

a. No person may engage in the practice of psychology, or represent himself or herself to be a psychologist, without a license granted under this chapter, except as otherwise provided in this chapter. The practice of psychology is defined as rendering or offering to render to individuals, groups, organizations, or the public any psychological service involving the application of psychological principles, methods, and procedures of understanding, predicting, and influencing behavior, such as the principles pertaining to learning, perception, motivation, emotions, and interpersonal relationships; and the methods and procedures of interviewing, counseling, psychotherapy, behavior modification, and hypnosis; and of constructing, administering, and interpreting tests of mental abilities, aptitudes, interests, attitudes, personality characteristics, emotions, and motivations.

b. The application of these principles and methods includes, but is not restricted to:

assessment, diagnosis, prevention, treatment, and intervention to increase effective functioning of individuals, groups, and organizations.

c. Psychotherapy within the meaning of this chapter means the use of psychological methods in a professional relationship to assist a person or persons to acquire greater human effectiveness or to modify feelings, conditions, attitudes, and behaviors that are emotionally, intellectually, or socially ineffectual or maladaptive.

BUSINESS AND PROFESSIONS CODE – BPC 2908. DIVISION 2. HEALING ARTS [500 - 4999.129] (Division 2 enacted by Stats. 1937, Ch. 399. ). CHAPTER 6.6. Psychologists [2900 - 2999.105] (Chapter 6.6 repealed and added by Stats. 1967, Ch. 1677.)

ARTICLE 1. General Provisions [2900 - 2919] (Article 1 added by Stats. 1967, Ch. 1677.) 2908.

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 workers, educational psychologists, marriage and family therapists, licensed professional clinical counselors, optometrists, psychiatric technicians, or registered nurses, or attorneys admitted to the State Bar of California, or

persons utilizing hypnotic techniques by referral from persons licensed to practice medicine, dentistry, or psychology, or persons utilizing hypnotic techniques which offer avocational or vocational self-improvement and do not offer therapy for emotional or mental disorders, or duly ordained members of the recognized clergy, or duly ordained religious practitioners from doing work of a psychological nature consistent with the laws

governing their respective professions, provided they do not hold themselves out to the public by any title or description of services incorporating the words “psychological,”“psychologist,” “psychology,” “psychometrist,” “psychometrics,” or “psychometry,” or that they do not state or imply that they are licensed to practice psychology; except that

persons licensed under Chapter 13.5 (commencing with Section 4989.10) of Division 2 may hold themselves out to the public as licensed educational psychologists.

SB 577, Burton. Health: complementary and alternative health care practitioners.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SEC. 1. The Legislature hereby finds and declares all of the following:

a. Based upon a comprehensive report by the National Institute of Medicine and other studies, including a study published by the New England Journal of Medicine, it is evident that millions of Californians, perhaps more than five million, are presently receiving a substantial volume of health care services from complementary and alternative health care practitioners. Those studies further indicate that individuals utilizing complementary and alternative health care services cut across a wide

variety of age, ethnic, socioeconomic, and other demographic categories.

b. Notwithstanding the widespread utilization of complementary and alternative medical services by Californians, the provision of many of these services may be in technical violation of the Medical Practice Act (Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code). Complementary and alternative health care practitioners could therefore be subject to fines, penalties, and the restriction of their practice under the Medical Practice Act even though

there is no demonstration that their practices are harmful to the public.

c. The Legislature intends, by enactment of this act, to allow access by California residents to complementary and alternative health care practitioners who are not providing services that require medical training and credentials. The Legislature further finds that these nonmedical complementary and alternative services do not pose a known risk to the health and safety of California residents, and that restricting access to those services due to technical violations of the Medical Practice Act is not warranted.

SEC. 2. Section 2053.5 is added to the Business and Professions Code, to read: 2053.5

a. Notwithstanding any other provision of law, a person who complies with the requirements of Section 2053.6 shall not be in violation of Section 2051, 2052, or 2053 unless that person does any of the following:

1. Conducts surgery or any other procedure on another person that punctures the skin or harmfully invades the body.

2. Administers or prescribes X-ray radiation to another person.

3. Prescribes or administers legend drugs or controlled substances to another person.

4. Recommends the discontinuance of legend drugs or controlled substances prescribed by an appropriately licensed practitioner.

5. Willfully diagnoses and treats a physical or mental condition of any person under circumstances or conditions that cause or create a risk of great bodily harm, serious physical or mental illness, or death.

6. Sets fractures.

7. Treats lacerations or abrasions through electrotherapy.

8. Holds out, states, indicates, advertises, or implies to a client or prospective client that he or she is a physician, a surgeon, or a physician and surgeon.

b. A person who advertises any services that are not unlawful under Section 2051, 2052, or 2053 pursuant to subdivision (a) shall disclose in the advertisement that he or she is not licensed by the state as a healing arts practitioner.

SEC. 3. Section 2053.6 is added to the Business and Professions Code, to read: 2053.6.

a. A person who provides services pursuant to Section 2053.5 that are not unlawful under Section 2051, 2052, or 2053 shall, prior to providing those services, do the following:

1. Disclose to the client in a written statement using plain language the

following information:

A. That he or she is not a licensed physician.

B. That the treatment is alternative or complementary to healing arts

services licensed by the state.

C. That the services to be provided are not licensed by the state.

D. The nature of the services to be provided.

E. The theory of treatment upon which the services are based.

F. His or her educational, training, experience, and other qualifications regarding the services to be provided.

2. Obtain a written acknowledgement from the client stating that he or she has been provided with the information described in paragraph (1).

a. The client shall be provided with a copy of the written acknowledgement, which shall be maintained by the person providing the service for three years.

b. The information required by subdivision (a) shall be provided in a language that the client understands.

I, the undersigned client, understand that my own success in hypnosis and

hypnotherapy depends on my own commitment to improving the situation that brings me to the hypnosis session. I acknowledge that Elizabeth Miller is not diagnosing, prescribing, or treating any physical or mental ailments and I do not hold her responsible for them. I give permission to Elizabeth Miller to use hypnotic techniques on me. I understand that hypnotherapy is not psychotherapy, but is a therapeutic alternative aimed at creating positive changes in my life. Any conclusion I draw from the hypnotherapy session or responses I have are mine and mine alone. I take full responsibility for myself. I release Elizabeth Miller for any liability whatsoever regarding my hypnotherapy session. I understand that I am not to use audio recordings of the hypnosis sessions I'll receive while I am driving a car or performing any dangerous activities.

To cancel or reschedule a session I agree to call at least 24 hours in advance. I acknowledge that I am responsible for the full amount of payment should I cancel in less than 24 hours. I have the option of rescheduling my appointment, in which case I will not be liable financially for the missed session. Should I cancel my rescheduled appointment, I

acknowledge that I will forfeit the full amount of that session.

I acknowledge that I have read the foregoing information, and that I have been given a copy of this "Client Agreement" form.

I consent to receiving hypnosis and hypnotherapy services from Elizabeth Miller, M.Ed. and Elizabeth Miller Hypnotherapy.