FMHCA Emerges Victorious from the 2022 Florida Legislative Session

Legislative Update from FMHCA Lobbyist, Corinne Mixon

Session concluded – several days late due to disagreements over Florida’s $112 billion budget – on Monday, March 14th.

A significant accomplishment – Early in the final week of session, Sen. Ana Maria Rodriguez, (R-Miami), presented HB 1521, a bill titled Mental Health Counseling Compacts, for the final time. It passed with unanimous approval through the Senate chamber. The bill, which was brought to its sponsor in the House of Representatives, Tracy Koster (R-Tampa) and Sen. Rodriguez, by FMHCA and key constituents, surfaced as one of the only bills to pass dealing with licensed health care professionals – an abnormal occurrence during any given legislative session. In fact, the bill was among the 285 bills to pass this legislative session even though an astonishing 3685 were filed by the 150 members of the House and Senate! FMHCA’s leadership and government relations committee, coupled with our lobbying efforts, were integral in ensuring this success.

Rationale for the bill – There is currently a health care provider shortage in the U.S. This shortage is predicted to continue into the foreseeable future and will likely worsen with the aging and growth of the U.S. population. According to the U.S. Health Resources and Services Administration (HRSA), the U.S. will experience a 7% increase in demand for mental health counselors by 2030, producing a shortage of approximately 6,870 mental health counselors nationwide. In Florida, HRSA estimates a shortage of 3,400 mental health counselors by 2030. Exacerbated by the COVID-19 pandemic, the American Academy of Pediatrics declared a national state of emergency in children’s mental health, creating a need for more mental health professionals and increased access to such. Interstate compacts are a proven solution.

The compact – An interstate compact is agreement between states to enact legislation and enter into a contract for a specific, limited purpose. In 2020, the National Center for Interstate Compacts adopted model legislation for the Professional Counselors Licensure Compact (PCLC or compact) which authorizes both telehealth and in-person practice across state lines in compact states. The compact establishes the Counseling Compact Commission (Commission), made up of a representative of each party state’s licensing board. The Commission is responsible for administering the compact. The compact becomes effective on the date of enactment by the tenth state and currently has two member states.

HB 1521 enacts the PCLC and authorizes Florida to enter into the compact. The Department of Health (DOH) must notify the Division of Law Revision when the compact is enacted into law by ten states. Professional counselors licensed in compact states may apply to other compact states for the privilege to practice through either telehealth or in-person. Thus, under the compact a Florida licensed clinical social worker, marriage and family therapist, or mental health counselor is eligible to provide services to out-of-state patients through either telehealth or inperson.

The compact requires all participating states to report certain licensure information to a data system, including identifying information, licensure data, and adverse actions taken against a professional counselor’s license or practice privileges in a compact state. Such information is public under the compact unless a compact state designates the information it contributes to the data system as confidential, prohibiting disclosure to the public without express permission of the reporting state.

Challenges and opportunities – Florida has become only the third state to pass the compact. The compact will not be enacted until 10 states have joined. FMHCA’s House and Senate sponsors will need to take further action next session to ensure the State’s compliance with the rules of the national compact association. Due to a constitutional amendment passed by Florida voters on the 2020 ballot, the legislature must hold a separate vote (bill) for any legislation that requires or authorizes a new fee or tax. Since the national compact group requires that a fee be authorized, Florida will have to pass a “fee bill” in the 2023 legislative session to be in compliance with their requirements. Florida hopes to be one of the first 10 states admitted to the compact! FMHCA will keep its members apprised as the ability of mental health counseling licensees to enter the compact becomes a reality.

Thank you – FMHCA and its lobbyist extend our sincere gratitude to Rep. Traci Koster and Sen. Ana Maria Rodriguez for prioritizing this incredible legislation.

Other great news in BUDGET form – Florida’s proposed budget, which is scheduled for a vote on Monday, includes an unprecedented $101 million in recurring annual funds for community mental health and substance-abuse services. Lawmakers included the allotment in the Health and Human Services budget.

Corrine is a registered professional lobbyist with more than twelve years of experience representing clients' state governmental interests. At Rutledge Ecenia, Corinne represents a broad client base with a particular emphasis on health care practitioners, education, and regulated industries and professions. She has been instrumental in passing myriad legislation and killing or containing bills that would have negatively impacted her clients.