The Game
As Americans, we are born into a constitutional law framework, based heavily on common law principles.
When we grow up and become counselors, therapists, psychologists, clinical social workers, we apply for and receive licenses.
In applying for and receiving these licenses, we're opting into what is known as an "administrative law" framework. I bet you didn't even know that was a thing.
This administrative law framework is like a game that you opt into, with new rules and regulations which you become bound to follow. These rules and statues aren't actually laws, but you opted into binding yourself to them anyways.
A person who does not have a license is not bound to these rules and regulations. Only those who opted into the system via licensing have opted into being bound.
For example, let's say a licensed professional counselor (LPC) in one state provides teletherapy to someone in another state. And let's say that the state government of that second state finds out and notifies the counselor that they are beginning an investigation into whether or not that counselor is in violation of the "law"*.
It is likely that the rules and regulations for LPCs in your state requires LPCs to notify the state counseling board of the foreign state's administrative action within a certain amount of time, say 30 days. That requirement to report the action by the other state is a requirement within the administrative law framework that you opted yourself into by getting a license.
If you didn't have a license, there would be no requirement for you to report any action by the foreign state.
But because you have a license, if you report the administrative action by the foreign state even 1 day late, the board can issue a number of different punishments. Some violations of administrative law can include hefty fines and even jail time.
If you don't have a license, you are not held to that administrative law framework.
Many of my colleagues offer the traditional knee-jerk reply, "but it's illegal to practice without a license." That's what they'd have you believe. It's not though, and I explain how it's not illegal in this post right here.
Go take a look.
*"Law" is in scare quotes because many statues, rules, regulations are not actually laws. They will try to enforce them as laws if you don't know how to defend yourself.
