Florida Administrative Code
64 - DEPARTMENT OF HEALTH
64B4 - Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling
Chapter 64B4-10 - SEXUAL MISCONDUCT IN THE PRACTICE OF MARRIAGE AND FAMILY THERAPY, CLINICAL SOCIAL WORK AND MENTAL HEALTH COUNSELING
Section 64B4-10.002 - Definition of Sexual Misconduct

Universal Citation: FL Admin Code R 64B4-10.002

Current through Reg. 50, No. 187; September 24, 2024

(1) It is sexual misconduct for a psychotherapist to engage, attempt to engage, or offer to engage a client in sexual behavior, or any behavior, whether verbal or physical, which is intended to be sexually arousing, including kissing; sexual intercourse, either genital or anal; cunnilingus; fellatio; or the touching by either the psychotherapist or the client of the other's breasts, genital areas, buttocks, or thighs, whether clothed or unclothed.

(2) It is sexual misconduct for a psychotherapist to encourage the client to engage in sexual conduct with a third party unless:

(a) Such encouragement is consistent with the planned treatment of the client's specifically diagnosed mental, social, or sexual dysfunctions or disorders; and,

(b) Treatment is provided in accordance with generally accepted professional standards for psychotherapy in this State.

Rulemaking Authority 491.004(5), 491.0111 FS. Law Implemented 491.0111 FS.

New 3-4-90, Formerly 21CC-10.002, 61F4-10.002, 59P-10.002, Amended 4-28-98, 4-24-00.

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