Mental Health Professional Sues New York for the Right to Teleconference With Client

Описание: Elizabeth Brokamp is a professional counselor, meaning she uses talk therapy to help people feel better. During the COVID-19 pandemic, online teletherapy has allowed her to continue providing aid in difficult times. Even when one of her clients relocated to New York, Elizabeth was able to continue speaking with her client over internet video. But now Elizabeth and her client face a looming deadline: When the pandemic ends, it will be illegal to continue their conversations.

https://ij.org/case/new-york-telether...

Licensing for professional counselors is a state patchwork. Elizabeth is located (and licensed) in Virginia. But, ordinarily, New York requires anyone providing teletherapy to New York residents to be licensed in New York—a burdensome process that largely duplicates the licensure process that Elizabeth has already gone through in Virginia. And of course those burdens aren’t limited to New York: To talk to clients just across the river in DC, Elizabeth needs a DC license, and many other states impose similar restrictions as well.

Thankfully, New York has waived its licensing requirement for out-of-state counselors during the pandemic. But that waiver is only renewed month-to-month. At any time, Elizabeth could be forced to stop talking to her client in New York. And, because Elizabeth does not believe it would be fair to start a new relationship if she would have to cut it off in a few months, Elizabeth also had to turn away another potential client in New York—even though she would have gladly helped that person if not for New York’s licensing laws.

All of this raises the question: If New York can waive its licensing requirements during the pandemic, why are those requirements necessary in the first place? Professional counselors and their clients should not need a pandemic to take advantage of the benefits of teletherapy.



These restrictions on teletherapy violate the First Amendment. Professional counselors talk to their clients; they listen to their clients’ concerns, ask questions, and provide advice and guidance. Elizabeth does not prescribe medication, perform medical procedures, or do anything other than talk. And, under the First Amendment, the government cannot prohibit unauthorized talking.



So, Elizabeth has teamed up with the Institute for Justice to challenge New York’s restrictions on teletherapy. This lawsuit follows another lawsuit that Elizabeth and IJ filed in Washington, D.C., in December 2020. If this new lawsuit is successful, Elizabeth will be able to provide her services to New York residents even after the pandemic is over. And victory in both lawsuits will set a precedent that can be used to challenge restrictions on teletherapy nationwide.