TPC Journal-Vol 10- Issue 1

The Professional Counselor | Volume 10, Issue 1 113 Licensure laws are the first areas that counseling students and counselor educators should familiarize themselves with. In addition to licensure law differences, there are other challenges that may exist. One area of difference occurs within mandated reporting laws. Each state specifically sets out the definitions of abuse and neglect while also outlining who is considered a mandated reporter. In Mississippi, any person who knows about or has reason to suspect abuse or neglect of a child by a parent, legal custodian, caregiver, or other person(s) responsible for the child’s care is required by law to make a report (Mississippi Department of Child Protection Services, 2019). In other states, such as Pennsylvania, only mandated reporters have this requirement (State of Pennsylvania, n.d.). Mandated reporters typically include professionals expected to encounter children such as school personnel, medical professionals, and counselors. Counselors will always be required to report, but some states give that designation to any and every person, which can make a difference in working with clients who may have reason to suspect abuse. Another distinction is found in laws related to warning identified third parties about an intent to harm. In the ethics classes of counselor training programs, we highlight the T arasoff v. the Regents of the University of California (1974) case and subsequent rulings as the way to handle duty to warn any identified third parties. After multiple court and state supreme court rulings in California, where the Tarasoff case occurred, many states have elected to follow this case law and allow or even require counselors to report the intent to harm to the identified potential victim as well as the authorities (Sheperis et al., 2016). However, some state laws are silent on this matter. In Georgia, there is only a small mention in the code for psychologists and nothing to guide counselors (State of Georgia, 2020). Texas has a law related to Tarasoff, but it goes counter to the laws in the vast majority of states. The Texas Health and Safety Code (2005) states that counselors are not allowed to notify the identified victim: A professional may disclose confidential information only to medical or law enforcement personnel if the professional determines that there is a probability of imminent physical injury by the patient to the patient or others or there is a probability of immediate mental or emotional injury to the patient. (p. 4,182) In practice, this means that two students from different states in the same ethics course could respond to a case involving a threat to harm an identified party in vastly different ways and still be correct. Gatekeeping Across State Lines The gatekeeping aspect of counseling pertains both to the obligation of counselor educators to ensure the competency of students entering the profession and the responsibility of practicing professionals to confront and address the unethical practice of colleagues when it comes to their attention. The gatekeeping responsibility has become so much more complex because of the evolution of distance counseling and distance counselor education. Distance practices raise questions about how well a professional in one location can monitor the behavior of another located in an entirely different place. The implications, which require familiarity with federal laws such as HIPAA and FERPA, state statutes and regulations for local licensing, and other local laws pertaining to the plethora of issues a counselor may encounter in therapy with clients, are nothing short of overwhelming. The responsibility is vast when considering the overabundance of variations of rules and consequences for not following them. Lawsuits, Inconsistent Laws, and Varying Codes of Ethics As mentioned, the practice of counseling is not federally regulated for the most part. Each state or