TPC Journal-Vol 10- Issue 1

106 Counselor education has moved firmly into the online space with multiple accredited programs available to students and potential faculty. These programs can cross state lines, either by location of training, placement of faculty, or both. As such, there are legal and ethical considerations that are outside of those that are typically considered. This article addresses some of the more common legal and ethical considerations in counselor education, such as vicarious liability and cybersecurity, and how they differ in the online education environment. Licensure and other laws and obligations for educators are explored. Opportunities for gatekeeping are discussed through the lens of a case study. A second case study with guiding questions is provided to raise visibility of state differences in practice laws. Finally, helpful resources for navigating online counselor education from a legal and ethical perspective are offered. Keywords : counselor education, online, legal, ethical, gatekeeping There 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. As of the beginning of 2020, 79 online programs were accredited by the Council for Accreditation of Counseling and Related Educational Programs (CACREP; 2020). As many opportunities as there are in this educational space, legal and ethical challenges also exist. Although these challenges may be unique to the online world, they are certainly navigable. This article tackles some of the experiences distinctive to faculty and students in counselor education who choose an online environment for training. Considerations for Online Counselor Educators Counselor education is a distinct professional identity geared toward the preparation of professional counselors across disciplines (e.g., clinical mental health counselor, professional school counselor, substance abuse counselor). Counselor educators who teach in CACREP-accredited programs are required to have terminal degrees in counselor education and supervision, as opposed to psychology or another helping profession, as well as active involvement and participation in the counseling profession (Calley & Hawley, 2008). These educators receive training in five core areas, including counseling, supervision, teaching, research and scholarship, and leadership and advocacy, making them uniquely qualified to prepare master’s-level clinicians in counseling (CACREP, 2015). Prior to the publication of the 2016 CACREP Standards, counselor educators may or may not have received training specific to online counselor education. And yet as of 2014, at least 67% of students in public universities took an online course (Allen et al., 2016). To attend to this emerging trend, CACREP recognized the need for all counselor educators to understand “effective approaches for online instruction” (CACREP, 2015, p. 35). Whether fully online or fully in person, most counselor education Donna S. Sheperis, Ann Ordway, Margaret Lamar Legal and Ethical Challenges in Online Counselor Education 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. The Professional Counselor Volume 10, Issue 1, Pages 106–119 http://tpcjournal.nbcc.org © 2020 NBCC, Inc. and Affiliates doi:10.15241/dss.10.1.106

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