What Legal Issues Are Important for Reiki Practitioners in California?
To learn more about legal issues relevant to the practice of Reiki in the State of California, including SB-577, feel free to click on any of the links provided below:
- Summary of legal limits applicable to all Reiki Practitioners
- Hands-on versus hands-off techniques
- California Senate Bill SB-577 and Reiki
- Compliance with SB-577 for Reiki sessions
- SB-577’s requirements for advertising Reiki sessions
- SB-577’s requirements for advertising Reiki classes
- When does & doesn’t SB-577 apply to Reiki services?
- Why should Reiki Practitioners comply with SB-577?
- Other laws applicable to the use of hands-on techniques by Reiki Practitioners
- Non-denominational minister status
- Organization providing non-denominational minister status
- Organizations providing business liability insurance for Reiki Practitioners
DISCLAIMER: I (Anne Reith, Ph.D.) am not an attorney. I am providing the following information as a general overview of the legal issues that are relevant when a Reiki Practitioner is providing Reiki sessions to others. The following information is not exhaustive, and it is not meant to replace sound legal advice. Additionally, the following information only applies to those practicing in the State of California. If you live in another state and/or have questions, please seek out appropriate legal counsel.
- Text of California Senate Bill SB-577
- Example “Client Information Form, Acknowledgement, & Consent to Receive Treatment” form
Based on my experience and my review of relevant legal statutes, Reiki Practitioners are within legal limits if they NEVER . . .
- Provide Reiki sessions to anyone under the age of 18 without the permission of a parent or legal guardian
- Diagnose medical or psychological problems (unless you are a medical or mental health professional who is legally approved to do so)
- Prescribe any medications or recommend any over-the-counter medications or supplements, which includes recommending that the client increase, decrease, or discontinue any of these
- Touch the client (unless permission is given by the client)
- Touch the client in inappropriate areas (even with the client’s permission)
- Request that the client disrobe, even partially (removing shoes, belts, or jewelry is permissible – but do not push if the client resists or appears uncomfortable)
- Promise a specific outcome or result
- Make disparaging remarks about another profession or another professional (e.g., medical, psychological, chiropractic, acupuncture, homeopathic, another Reiki practitioner)
Hands-on versus hands-off techniques
It is important to understand that the vast majority of legal cases in medical, dental, counseling, and alternative healing professions involve accusations of “inappropriate touch” or “sexual contact.”
Consequently, although Reiki can be done using a “hands-on” technique, you are encouraged to think carefully before you decide to use this approach with any (or all) of your clients.
If you do use a “hands on” technique, then the following general guidelines are important for everyone to follow:
- ALWAYS ask permission to use a hands-on technique
- ALWAYS explain that you can do Reiki without touch (i.e., “hands-off”) if your clients prefer this approach
- ALWAYS explain, in general terms, the hand positions before you begin treatment
- ALWAYS tell your clients to let you know immediately if they feel uncomfortable at any time
California Senate Bill SB-577 and Reiki
- Although the requirements of SB-577 may feel restrictive in some ways, it is designed to protect both you and your clients.
- SB-577 applies to Reiki Practitioners in the State of California.
- However, if you are practicing outside the State of California, you may find the following information helpful. I personally believe that all energy healers, regardless of geographic location, are well-advised to use a similar approach to that described below.
If you are providing Reiki services in the State of California for a fee, then you are considered a “complementary health care provider.” This means that you fall under the requirements of California Senate Bill SB-577, which went into effect on January 1, 2003. This is the same bill that applies to chiropractors, acupuncturists, massage therapists, and many professionals.
This is very important legislation because it is designed to protect you! Prior to this bill being passed, a strict interpretation of the law would have found anyone practicing any kind of unlicensed healing art in California as technically in violation of the Medical Practice Act. This means that this practitioner could be prosecuted for “practicing medicine without a license.” If you are willing to comply with SB-577, you can safely offer services in California without fear of being charged with what is a felony.
Compliance with SB-577 for Reiki sessions
Although you can (and probably should) verbally review the following information with new clients, you are legally required to provide this information in writing in situations where SB-577 applies.
Additionally, all written information is to use “lay person language” that the client will understand.
The contents should include:
- A statement about what Reiki is
- A statement about what Reiki is not (e.g., it is not licensed, it is not considered to be traditional Western medicine)
- An explanation of the theory behind Reiki
- A description of the nature of the services that will be provided during a healing session (e.g., what will be required of the client, what the client might experience)
- The qualifications of the Reiki Practitioner
- An acknowledgement that the client has received the information included above and agrees to receive treatment from this practitioner
In addition to having your clients receive a written copy of the above information:
- The client is to sign a consent form
- You are to offer your client a copy of their signed consent form
- You are to offer your client a copy of the actual text of SB-577
- You are to keep the client’s signed consent form on file for three years
NOTE: Although not specified in SB-577, I recommend that you keep the signed consent form for three years from your last date of service and not three years from the time that the consent form was signed. This more conservative approach would be congruent with the laws applied to other professional organizations in the State of California.
SB-577’s requirements for advertising Reiki sessions
In addition to the requirements stated above, SB-577 also mandates that certain information be included in all advertising. Specifically, if you are advertising your Reiki services, you are required to “disclose in that advertisement that you are not licensed by the state as a healing arts practitioner” (from SB-577).
At the time of this writing, there are still many questions about this section of SB-577. For example:
- Does this apply to business cards, fliers, and brochures that are given to your prospective clients?
- What about information that is sent to the members of a private email list?
- Does this section of SB-577 only apply to local or national ads in magazines, newspapers, etc.
I personally believe that if you are advertising Reiki sessions, then it would be wise to include this statement on your website and social media sites. However, it is unclear how often you need to make this statement regarding Reiki not being licensed in the State of California (e.g., only the page describing your Reiki services, all pages where Reiki is discussed).
Additionally, SB-577 does not outline how the requirement should be phrased. Here are a few suggestions:
- The State of California does not license Reiki Practitioners
- Complementary healing arts, such as Reiki, do not require licensing by the State of California
- Reiki is not licensed by the State of California
SB-577’s requirements for advertising Reiki classes
There is nothing mentioned in SB-577 about the advertising of Reiki classes. It is my belief that:
- It is important that Reiki Masters in the State of California explain SB-577 in their Reiki I classes and includes information in their manual.
- Reiki Masters (and Practitioners) may also want to include information about SB-577 on their website and social media sites.
When does & doesn’t SB-577 apply to Reiki services?
California Senate Bill SB-577 does apply if:
- You are charging for your Reiki services
- You make any representation or claims to clients in your advertising (or verbal presentation) that Reiki can address or remediate physical/health issues
There are some areas that are still open to debate regarding the application of SB-577. If you are concerned about any of the following situations, please seek legal counsel:
- If you are offering services on a “donation only” or “love donation” basis, then SB-577 MAY or MAY NOT apply. (NOTE: I personally would not take this risk and would comply with SB-577.)
- If you are offering Reiki services for a fee but you make no claim whatsoever, either verbally or in written form, that Reiki in any way is related to physical health or improvement of a physical condition, then SB-577 MAY NOT apply. For example, if you are using Reiki to ONLY improve psychological conditions (e.g., memory, concentration, test-taking skills) AND you do not claim that it is related to physical health, then SB-577 MAY NOT apply. However, if you state that Reiki can create a state of relaxation and that relaxation has been shown to lead to improved health, then SB-577 applies to you.
Based on my review of the available literature, it appears that SB-577 does NOT apply in the following situations:
- If you are only using Reiki with family and friends and are not charging for your services
- If you are providing Reiki on a purely volunteer basis (e.g., as part of a group that offers Reiki to seniors or nursing home residents free of charge)
- If you are providing services through another organization and you are not paid for your services (NOTE: If the organization is being paid, then it would be up to the organization to meet the requirements of SB-577)
Why should Reiki Practitioners comply with SB-577?
If your professional practice falls under the jurisdiction of SB-577 and you choose NOT to comply:
- You can be prosecuted for practicing medicine without a license, which is a felony in California.
- You may also be subject to a variety of civil claims by private parties because you were found to be conducting a business in violation of the law.
Other laws applicable to the use of hands-on techniques by Reiki Practitioners
If you are using a “hands-on” technique, then in addition to SB-577, you also need to be aware of any city ordinances that pertain to the practice of massage. You can find this information by searching online for “Business License (insert city).”
Because “hands-on” Reiki is traditionally done as light touch, without manipulating, stroking or tapping the body, it may or may not be covered under the definition of that specific city. But some cities are more strict than others, so it’s important for you to both look up the information online and then talk with someone in the Business Office.
NOTE: If you use only a “hands-off” technique, then it is very likely that any ordinances pertaining to massage do not apply, which is part of the reason why I teach a purely hands-off approach in my Reiki classes.
Non-denominational minister status
If you use a “hands-on” technique during Reiki sessions, then you may also want to become familiar with any laws within your state that may pertain to the “laying on of hands for therapeutic purposes.” If you live in a state where this is permitted, then some legal protection may be afforded to you if you become a non-denominational minister. (NOTE: One organization that provides this status free of charge is listed below.)
However, there is growing debate in the field about how much protection non-denominational minister status will actually provide to you as a Reiki Practitioner. The logic behind using this status is that by doing so, you are saying that Reiki is part of practicing your religion and it can’t, therefore, be restricted or regulated by law.
The counter argument against using this status as a means of protection when using “hands-on” techniques is that Reiki is not considered a religion. If brought before a court of law, you would need to prove that you are living your life according to the principles of Reiki.
If you elect to become ordained as a non-denominational minister, then please be aware that you fall under the “reporting laws” within your state when you are serving in a professional capacity with a client (i.e., receiving a fee for your services).
In California, this means that you are legally liable for criminal and civil law suits if you FAIL to report, among other things:
- Reasonable suspicion of child abuse, elder abuse, or dependent adult abuse.
- When you feel that there is reasonable suspicion that someone is about to seriously harm themselves or an identifiable victim(s).
If this happens, you are legally required to contact a local law enforcement agency. You can do so confidentially.
There are additional issues that are involved in these “reporting laws.” Please consult an attorney if you have any questions about the laws pertaining to practicing Reiki within your state.
Organization providing non-denominational minister status
There are many non-denominational churches that list “the laying on of hands” as part of their ministry. Many of them will ordain you as a minister for little or no cost and few requirements (see below for one organization). As an added benefit of becoming a non-denominational minister, you are also able to legally perform weddings, if you wish to do so.
Here is an organization that is commonly used by those wishing to be ordained as a non-denominational minister:
Universal Life Church
601 Third Street
Modesto, CA 95351
Can apply online
No charge for ordination
Registration valid in all 50 states
Organizations providing business liability insurance for Reiki Practitioners
You may also wish to obtain business liability insurance. Policies are available through many insurance organizations, including:
- Reiki is not licensed by the State of California and is NOT intended to replace traditional Western medical or mental health treatments.
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By Anne Reith, Ph.D.