On December 9th the Institute for Justice (IJ) filed a lawsuit in the District of Columbia (DC) on behalf of a professional counselor based in and licensed by the Commonwealth of Virginia. The counselor wanted to conduct cross-border teletherapy sessions with patients located in DC, but was not licensed to do so, nor did she qualify for one of the available licensure exemptions. The suit challenges DC’s cross-border teletherapy licensure regulations on the grounds that they abridge the plaintiff’s First Amendment right to freedom of speech. The suit is based on a novel interpretation of the First Amendment and its outcome could have implications for the counseling professions.
A copy of the compliant is available here: https://spelusolawoffice.com/wp-content/uploads/2021/01/DC-Teletherapy-complaint.pdf.