Hello, everyone.

Below, I've offered some notes from yesterday's FMHCA Government Relations Committee meeting, including legislative priorities for the coming session:

Legislative Updates and Donations

• Recommendation approved for two $1,000 PAC donations:

  • Representative Christine Hunchowski/Hanchowski (AI bill lead).

  • Senator Tracy Davis, Senate minority leader.

• PAC fund balance will be just over $4,000 after donations (initially over $6,000).

GRC FundRun 2026 (October 1–31)

• Virtual walk/run to support legislative days in Tallahassee; aiming for 100% GRC participation.

• Open to all (non-Fonca members, families, friends); Florida residency not required.

• $15 sign-up fee goes entirely to legislative fund; activity must be submitted before November 1.

• Steps/miles logged on the FundRun website; GRC team exists and others can form teams.

• T-shirts available; recommended to order two sizes larger.

• Sponsorship tiers queried by Kylie; Naomi will provide details via email; more sponsors welcomed.

• Purpose includes supporting initiatives like changing the “registered mental health counselor intern” title.

• If you'd like to participate, here is the link, and there's also a code you can use to join the GRC team:

• Referral Link: https://runsignup.com/Race/FL/LoxahatcheeGroves/PACFundRun?raceRefCode=FYL5prGw 

• Password: FMHCAGRC26

Upcoming Florida Legislative Session and Context

• 2026 midterm elections will bring a new governor and leadership in House and Senate (first time in eight years), presenting opportunities for organizations like FUMCA.

• Session begins March 2027; committee hearings and bill filings start sooner, with committees forming in October.

• Active priorities: AI legislation, insurance recoupment, registered intern title change, and restoring forensic evaluation rights.

Proposed Legislation on AI in Behavioral Health

• Focus on a draft bill to ensure AI does not replace providers in making diagnoses.

• Ongoing feedback provided (including input from Dr. Norton) to avoid overreach and protect useful clinical AI tools.

• New draft received September 16 shows significant improvements.

Analysis of the New AI Bill Draft

• Improvements:

  • Removed 24-hour informed consent requirement before appointments.

  • Expanded definition of “supplemental support” to include more clinical applications where therapists maintain oversight.

• Concerns and clarifications needed:

  • Chapter reference typo: Psychologists (Ch. 490) text incorrectly references Ch. 491; should cite Florida Board of Psychology.

  • In-person “virtual indicator or accessible notification” unclear—how to implement for face-to-face sessions.

  • Note signature language (“true and complete transcription or summary”) may require EHR template changes by national vendors; suggested change from “must” to “shall affirm” to clarify legal meaning without undue burden.

  • Scope of “supplemental support” remains ambiguous regarding clinical AI tools (e.g., therapy homework apps like WoBot/Therabot, AI bots in VR therapy, AI-driven client coaching between sessions).

AI Legislation, Ethics, and Platform Regulation

• ACA is updating its code of ethics to include AI; while separate from Florida law, it can inform “prevailing standards of our profession.”

• Draft ACA guidance encourages ethical AI use for data-driven insights (e.g., EHR trend analysis), which the revised bill appears to permit; final ACA code may change.

• Bill regulates practitioners, not technology companies (e.g., Headway, Alma, Grow); practitioners must ensure platform compliance with law and HIPAA.

• Uncertainty remains about permissibility of platform features like AI transcripts and AI coaches (Grow already offers), potentially disadvantaging Florida practitioners if overly restrictive.

Insurance Recoupment Look-back Period

• Psychologists secured a 12-month recoupment limit; Chapter 491 professions lack this protection.

• Contact made with a senator who sponsored the original bill and is interested in assisting mental health counselors.

• Goal: pass similar protections to stabilize counselor business models.

Registered Intern Title Change

• Prior effort blocked by a Senate committee chair; new leadership may change committee chairs, improving prospects.

• Telehealth supervision rule change removed a key argument; remaining arguments focus on reducing public confusion and aligning with other states’ language.

• Additional information to be shared with Dr. Norton post-meeting.

Forensic Evaluation Rights for 491 Licensees

• An unintended legislative change removed court-appointed forensic evaluation authority for mental health counselors and other 491 licensees.

• Strategy: frame fix as an access-to-care issue affecting court efficiency; collect anecdotal evidence (e.g., court emails showing hiring challenges).

• Collaboration with neighboring professions needed to build legislative pressure.

Drafting and Approval Process

• Decision to draft documents first for review, given many new members; circulate drafts between meetings before GRC approval.

Legislative Monitoring and Broader AI Landscape

• Continued monitoring of bills with potential negative impacts on the profession.

• AI remains a major topic across state/national discussions, including education and national security; expect increased attention in coming months.

491 Board Collaboration

• New collaboration with the 491 board: each professional association now has a dedicated board contact to assist members and reduce call volume.

Counseling Compact Update

• Counseling Compact expected to go live in fall 2026.

• Delay due to Florida’s security concerns about uploading licensee data; legal review completed, process moving forward; applications anticipated in the fall.