Virginia therapist fights to treat out-of-state patients online

FAIRFAX COUNTY, Va. - Virtual therapy has been booming during the pandemic with many people choosing to attend counseling sessions from the comforts of home. But licensing restrictions make it difficult for patients to see their therapist of choice if that person is across state lines.

A Virginia therapist is now attempting to upend those rules through a lawsuit.

Elizabeth Brokamp is a Fairfax County therapist who says she’s had to turn away patients in D.C. due to rules that say therapists in one state cannot virtually counsel patients in another state.

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While out-of-state patients could drive to a therapist’s office, teletherapy is a different story.

During the pandemic, exceptions were made for therapists’ existing out-of-state patients, but limits remain on new patients.

Brokamp is now suing D.C. in federal court, and on Monday, a judge ruled the case can move forward and that D.C.’s licensing law is subject to what’s called "strict scrutiny," according to her attorneys with Institute for Justice.

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"What academics or legal commentators say is ‘strict scrutiny’ is almost always fatal for a law, so it’s an extremely high bar for the government to meet," said Rob Johnson, an Institute for Justice Senior Attorney.

Other states, including Maryland and Virginia, have similar laws in place. Johnson said a win would surely bring challenges elsewhere.

"What we’re trying to do is ensure that counselors like Elizabeth can talk to their patients wherever they’re located," he said.