Neurofeedback Laws & Licensing: Unlock Brains’ Potential But Be Legally Safe

Neurofeedback, EEG, biofeedback entrain your brain, but are they legally safe practice? What do consumers and practitioners need to know? This 5-part series examines neurofeedback laws, including licensing, scope of practice, malpractice liability, FDA regulatory questions, and other legal issues.

Neurofeedback is a cutting edge healthcare modality that is used by practitioners from physicians to psychologists to unlicensed individuals. It’s fascinating as a client to see a read-out of your brainwaves change on the screen according to your thoughts. So-called “self regulation” and brain activity may be the key to our health in the future!

Laws governing neurofeedback practice have considerable ambiguity. In the articles ahead, we look at how to operate when this particular health and wellness practice when ambiguous legal boundaries abound.

The series includes:

–Part 1: Unlicensed Practice
Neurofeedback Law Case Studies—Sneak Preview
The $64,000 Question
The Ideal Future and the Likely Reality
Introduction to Licensing Issues: “Unlicensed Practice of Neurofeedback”
What Is Neurofeedback
Unlicensed Medical Practice
California Law for Non-Licensed Practitioners
Does Working Under Physician Supervision Mitigate Unlicensed Practice Issues

–Part 2: Legal Scope of Practice
What is Scope of Practice?
Is Neurofeedback Within the Scope of Practice of Psychology?
Accreditation v. Licensing v. Certification; Different Types of Licensure
Scope of Practice—Conclusion

–Part 3: Proposed New York Legislation
Title Licensure for Neurofeedback Therapy
Are Licensed Practitioners of Neurofeedback Worse off than Non-Licensed Practitioners The Path Ahead for Neurofeedback Law

–Part 4: Malpractice Liability, Informed Consent, and Other Issues
Malpractice Liability – Neurofeedback
Must Practitioners Give Informed Consent About Risks & Benefits of Neurofeedback?
Is it Malpractice Not To Inform Patients About Neurofeedback As a Therapeutic Option?
Is Neurofeedback, “Complementary & Alternative Medicine”? It is “Integrative?”
FDA Approval and Off-Label Medical Device Use

–Part 5: Marketing Your Neurofeedback Practice—Legal Issues in Case Studies
Neurofeedback Case Study 1—Psychologist Who Supervises a Non-Licensed Professional
Neurofeedback Case Study 2: Chiropractor Advertising Neurofeedback and EEG Services on His Website
Neurofeedback Case Study 3: Psychiatrist is Concerned that Offering Neurofeedback Increases Her Malpractice Liability Risk

Remember, this isn’t legal advice or opinion. We’re just providing information about cutting-edge topics in laws governing health and wellness.

If you’re seeking legal advice for your neurofeedback / EEG / biofeedback, psychology, medical, nursing, therapy / counseling, or other practice, contact our healthcare & FDA legal team.

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Michael H Cohen Healthcare & FDA Lawyers

Contact our healthcare law and FDA attorneys for legal advice relevant to your healthcare venture.

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