Florida Regulations 64B4-10.003: Psychotherapist-Client Relationship
Current as of: 2024 | Check for updates
|
Other versions
A psychotherapist-client relationship is established between a psychotherapist and a person once a psychotherapist renders, or purports to render, clinical social work, marriage and family therapy or mental health services including, but not limited to, psychotherapy, counseling, assessment or treatment to that person. A formal contractual relationship, the scheduling of professional appointments, or payment of a fee for services are not necessary conditions for the establishment of a psychotherapist-client relationship, although each of these may be evidence that such a relationship exists.
(1) Sexual misconduct, as defined in Fl. Admin. Code R. 64B4-10.002, with a client is prohibited.
(2) For purposes of determining the existence of sexual misconduct the psychotherapist-client relationship, once established, is deemed to continue for a minimum of 2 years after termination of psychotherapy or the date of the last professional contact with the client. However, beyond that 2 year time period, the mere passage of time since the client’s last visit with the psychotherapist is not the sole determinative of whether or not the psychotherapist-client relationship has been terminated. Some of the factors considered by the Board in determining whether the psychotherapist-client relationship has terminated include, but are not limited to, the following:
(a) Formal termination procedures;
(b) Transfer of the client’s case to another psychotherapist;
(c) The length of the professional relationship;
(d) The extent to which the client has confided personal or private information to the psychotherapist;
(e) The nature of the client’s problem; and,
(f) The degree of emotional dependence that the client has on the psychotherapist.
(3) The psychotherapist shall not engage in or request sexual contact with a former client at any time if engaging with that client would be exploitative, abusive or detrimental to that client’s welfare or if the sexual contact is a result of the exploitation of trust, knowledge, influence or emotions, derived from the professional relationship.
(4) A client’s consent to, initiation of, or participation in sexual behavior or involvement with a psychotherapist does not change the nature of the conduct nor lift the prohibition.
Rulemaking Authority 491.004(5), 491.0111 FS. Law Implemented Florida Statutes § 491.0111. History-New 3-5-90, Formerly 21CC-10.003, 61F4-10.003, 59P-10.003, Amended 5-21-98, 8-13-08.
Terms Used In Florida Regulations 64B4-10.003
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(2) For purposes of determining the existence of sexual misconduct the psychotherapist-client relationship, once established, is deemed to continue for a minimum of 2 years after termination of psychotherapy or the date of the last professional contact with the client. However, beyond that 2 year time period, the mere passage of time since the client’s last visit with the psychotherapist is not the sole determinative of whether or not the psychotherapist-client relationship has been terminated. Some of the factors considered by the Board in determining whether the psychotherapist-client relationship has terminated include, but are not limited to, the following:
(a) Formal termination procedures;
(b) Transfer of the client’s case to another psychotherapist;
(c) The length of the professional relationship;
(d) The extent to which the client has confided personal or private information to the psychotherapist;
(e) The nature of the client’s problem; and,
(f) The degree of emotional dependence that the client has on the psychotherapist.
(3) The psychotherapist shall not engage in or request sexual contact with a former client at any time if engaging with that client would be exploitative, abusive or detrimental to that client’s welfare or if the sexual contact is a result of the exploitation of trust, knowledge, influence or emotions, derived from the professional relationship.
(4) A client’s consent to, initiation of, or participation in sexual behavior or involvement with a psychotherapist does not change the nature of the conduct nor lift the prohibition.
Rulemaking Authority 491.004(5), 491.0111 FS. Law Implemented Florida Statutes § 491.0111. History-New 3-5-90, Formerly 21CC-10.003, 61F4-10.003, 59P-10.003, Amended 5-21-98, 8-13-08.