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Global Health Econ Sustain Hypnosis: Refiguring health care practice

hypnosis by any person not registered as a psychologist or demarcated as an act of the profession of psychology – that
as an intern-psychologist. of the use of hypnosis not. The demarcation of the use of
hypnosis as an act of the profession of psychology and,
2.1.1. Purpose thus, the prohibition of its comprehensive use by any other

The purpose of this amendment – as it pertains to the health care discipline was in non-observance of an essential
use of hypnosis, in general, and its use in psychotherapy early principle of, and Munro’s (1917) forewarning about,
(i.e., treatment discipline of psychology), referred to as the use of hypnosis in health care: the efficacious use of
hypnotherapy (i.e., hypno/sis in psycho/-therapy) – was to hypnosis, in the treatment of illness or disease, requires its
protect the public and guide the profession. As noted in multidisciplinary use.
Section 1, a caveat for the safe, effective use of hypnosis Accordingly, 10 years later, South Africa introduced
is that the information received in hypnosis needs to a further amendment to its principal Act repealing the
be accurate (i.e., tested, valid, or true); otherwise; it prohibition of the use of hypnosis.
may impair the person’s ability to perceive accurately,
the reality of themselves, others, and/or the physical 3. Prohibition repealed
environment, thereby impairing their ability to interact
effectively now or in the future. Therefore, similar to 3.1. Health Professions Amendment Act 29 of 2007
the prohibition Israel introduced several years earlier in s. 35 (SA)
1984 – the Israeli Law of Hypnosis (Law No. 1120) that Section 37 of the Health Professions Act 56 of 1974 (SA),
outlawed the use of hypnosis by any person not registered as amended by section 35 of the Medical, Dental, and
as a psychologist (or physician or dentist; Ruah-Midbar Supplementary Health Service Professions Amendment Act
Shapiro & Warshawski, 2018; Uziel & Eli, 2023) – this 89 of 1997 (SA), provided that “Section 37 of the principal
amendment sought to protect the public by limiting the Act is hereby repealed” (President of the Republic of South
use of hypnosis and hypnotherapy to that of the registered Africa, 1997, p. 42).
psychologist or intern-psychologist.
3.2. Health Professions Act 56 of 1974 Regulations
Although this amendment was clearly well intended, Defining the Scope of the Profession of Psychology,
it had several unanticipated, unintended consequences, 2008 (SA)
including ambiguity and confusion as to which health
care disciplines were permitted to use hypnosis and The Health Professions Act 56 of 1974 Regulations Defining
hypnotherapy and, furthermore, what use of them was the Scope of the Profession of Psychology, 2008 (SA) made
permitted. the following regulation in the schedule:
The following acts shall be deemed to be acts specially
2.1.2. Consequences pertaining to the profession of psychology-(g) the use
Several consequences ensued, including, firstly, the Act of hypnotherapy. (SA; Minister of Health, 2008)
prohibited dentists from using hypnosis – one of the very Therefore, only the use of hypnosis in psychotherapy
disciplines, it was originally intended for. (i.e., hypnotherapy) – as distinct from its use elsewhere,
Second, the Act appeared to authorize the use of that is, independent of psychology – was now deemed to
hypnotherapy by practitioners other than a psychologist, be the act of the profession of psychology. In effect, then,
including a medical practitioner, nurse, and social worker. this regulation: (i) restored the use of hypnosis as an act of
natural persons and (ii) retained the use of hypnotherapy
Third, having expressly prohibited the social worker, per
se, from the treatment of mental illness, the Act conversely as an act of the profession of psychology. Consequently, the
comprehensive use of hypnosis in multidisciplinary health
appeared to authorize a medical doctor or nurse to treat care was restored.
mental illness using hypnosis and hypnotherapy.
Notwithstanding this correction, understanding the
Thus, notwithstanding its ambiguity, it was the Act’s
prohibition of the use of both hypnotherapy and hypnosis, causes and resultant learning from the prohibition may
by any person not registered as a psychologist or as an not only help to prevent its reoccurrence but also help
to further clarify and consolidate the use of hypnosis in
intern-psychologist that was especially confusing. Although
the demarcation of the use of hypnotherapy as an act of the multidisciplinary health care.
profession of psychology could be understood – this because In considering the problem, it appears to comprise three
hypnotherapy involves the use of hypnosis for the purposes parts, the first one being that the prohibition of hypnosis
of psychotherapeutic treatment, with psychotherapy, itself, was, itself, unenforceable.

Volume 2 Issue 1 (2024) 3 https://doi.org/10.36922/ghes.1713