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Telehealth Therapist Proceeds in Suit Over D.C. License Mandate

March 7, 2022, 7:11 PM

The D.C. government failed to shake a lawsuit that would allow a Virginia-licensed therapist to provide remote counseling services to its residents, despite lacking a D.C. license, because she properly alleged its licensing scheme is unconstitutional, a federal court said.

D.C.'s requirement that therapists be licensed regulates counseling, which is speech, not conduct, the U.S. District Court for the District of Columbia said Monday in denying a motion to dismiss Elizabeth Brokamp’s suit.

The fact that the licensing requirement is a professional regulation makes no difference, the court said in a minute order posted on its docket.

The licensing requirement ...