DIGEST - Volume 10, Issue 1

14 TPC Digest Donna S. Sheperis, Ann Ordway, Margaret Lamar Legal and Ethical Challenges in Online Counselor Education T here are many reasons to consider online education when becoming a counselor or choosing a career as a counselor educator. Convenience, accessibility, and opportunities to interface with colleagues across the country and around the world are common attractions of an online environment. The majority of students in a university setting take at least one course online. Currently, as many as 79 accredited counselor education programs are offered fully online. Yet as many opportunities as there are in this educational space, legal and ethical challenges also exist. While these challenges may be unique to the online world, they are navigable. From a legal perspective, vicarious liability arises in counselor education training in both the in-person and online environments. However, in an online program, that liability may be exacerbated by faculty and students living in different states or even countries. Gatekeeping considerations are heightened when faculty spend less face-to-face time with online students, perhaps only seeing them at academic residencies rather than more regularly like their in- person counterparts. In addition to faculty challenges, students in online programs must navigate state licensure laws that may be different from those in their university’s location. Online training can impact student privacy and FERPA when videoconferencing is used for classroom interaction and student information is safeguarded electronically. Ethically, online programs help students understand the codes of ethics under which they may fall in their respective states. Some states allow students to go against the ACA Code of Ethics because of state law mandates. Duty to warn, the use of bartering, and the ability to refer clients based on religious reasons also vary from state to state. While faculty members cannot be experts on all state, province, and territory laws, it is helpful for them to have a solid understanding of the primary issues impacting students. It would benefit online counselor educators to become familiar with the main state licensure board challenges for their institutions and have knowledge of key differences in laws impacting counselors. Regarding the overwhelming nature of keeping up with legal and ethical differences, we suggest counselor educators keep an open mind and realize that for all of the complications of online learning, the benefits may outweigh the disadvantages. The opportunity to learn across state and national borders, interface with colleagues across the country and around the world, and develop your identity as a professional counselor or counselor educator within this space is replete with rewards for all parties. Realistically, education is moving more and more toward an online format, and for counselor education, it is simply a matter of being cognizant of the legal and ethical dilemmas in order to meet them head-on. Donna S. Sheperis, PhD, NCC, CCMHC, ACS, LPC, is an associate professor at Palo Alto University. Ann Ordway, JD, PhD, NCC, is a core faculty member at the University of Phoenix. Margaret Lamar, PhD, LPC, is an assistant professor at Palo Alto University. Correspondence may be addressed to Donna Sheperis, 5151 El Camino Real, Los Altos, CA 94022, dsheperis@paloaltou.edu. |