64B4-10.002. Definition of Sexual Misconduct  


Effective on Monday, April 24, 2000
  • 1(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.

    70(2) It is sexual misconduct for a psychotherapist to encourage the client to engage in sexual conduct with a third party unless:

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

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

    130Specific Authority 132491.004(5), 133491.0111 FS. 135Law Implemented 137491.0111 FS. 139History–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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