TPC Journal-Vol 10- Issue 1

116 The Professional Counselor | Volume 10, Issue 1 Currently, counselor educators teaching through distance learning platforms cannot teach solely based upon licensing requirements in one state. In fact, the educator might be located in one state, while the student is in another, and the university is in yet another. The counselor educator, who might live and be licensed in Texas, is bound to follow the regulations in that state—but those regulations might not be relevant to (and might even be blatantly in conflict with) the regulations that apply to the student who resides in Tennessee. Moreover, the same professor can have 10 students in one class from 10 different states. The university, in California, will be bound by both federal and state regulations pertaining to higher education, including FERPA, but also by any relevant laws that might pertain to the different subject matters taught through that university. For example, in Alaska, if someone assists another in the act of suicide, that person can be charged with manslaughter. However, in California if that person is a medical doctor and assists another in ending their own life, the assistance could be considered a medical treatment under the End of Life Options Act (State of California, 2015). Legal differences such as these call into question what can be taught about the professional handling of certain issues. Significant variations in law exist around confidentiality and mandatory reporting, counseling with minors and parental consent, and the nuances of licensing. Thus, it is incumbent upon counselor educators to be alert in their practice and prepared for the complex considerations that coexist with the accessibility of online counselor education. Implications Navigating the online space in a legal and ethical manner means staying up to date on current trends, resources, and laws. There are some resources counselor educators will find helpful in knowing licensure laws such as Licensure Requirements for Professional Counselors, A State by State Report (ACA, 2016). Also available fromACA is Licensure & Certification: State Professional Counselor Licensure Boards (2020), which links to all state requirements and is updated regularly. Other resources are more helpful for general legal concepts such as The Counselor and the Law , by Wheeler and Bertram (2019), currently in its 8th edition. For more state-specific considerations, counselor educators will want to look for resources like Caldwell’s Basics of California Law for LMFTs, LPCCs, and LCSWs (2019). Conclusion The myriad of legal and ethical complications inherent in online counselor education is navigable. For all of the complications of online learning, the benefits can outweigh the disadvantages. The opportunity to learn across state and national borders, interface with colleagues across the country and around the world, and develop one’s identity and practice as a professional counselor or counselor educator within this space is replete with rewards for all parties. Realistically, education is moving more and more to this 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. Conflict of Interest and Funding Disclosure The authors reported no conflict of interest or funding contributions for the development of this manuscript.