Federal court strikes down D.C. law restricting out-of-state teletherapy
6 reported
The United States District Court for the District of Columbia struck down a D.C. law that barred therapists from other jurisdictions from conducting online teletherapy sessions with clients in D.C. The decision came nearly six years after Virginia-based counselor Elizabeth Brokamp, in partnership with the Institute for Justice (IJ), filed a lawsuit arguing the law violated the First Amendment. IJ Deputy Director of Litigation Robert McNamara stated that the ruling confirms the First Amendment protects useful speech, including counseling, and that licensing boards cannot censor speech simply because someone lacks permission to talk. The article notes that during the pandemic, many telemedicine restrictions were lifted, but that window has largely closed, making remote care across state lines often illegal unless a doctor is separately licensed in the patient’s state. The article suggests that the real issue is not who licenses doctors but that patients are forbidden from choosing a licensed doctor in another state, advocating for patient choice across state lines.
What’s reported
The U.S. District Court for the District of Columbia struck down a D.C. law barring out-of-state therapists from doing online teletherapy with D.C. clients.
The lawsuit was filed nearly six years ago by Virginia-based counselor Elizabeth Brokamp and the Institute for Justice.
The lawsuit argued the law violated the First Amendment.
IJ Deputy Director of Litigation Robert McNamara said the decision confirms the First Amendment protects useful speech, including counseling.
During the pandemic, many telemedicine restrictions were lifted but have since largely closed.
The article states that unless a doctor is separately licensed in a patient’s state or states have a formal agreement, remote care is often illegal.
Key figures
Elizabeth Brokamp (Virginia-based counselor)
Robert McNamara (IJ Deputy Director of Litigation)
Institute for Justice (IJ)
Sources: marginalrevolution.com
