64B4-10.003: Psychotherapist-Client Relationship
PURPOSE AND EFFECT: The Board proposes the rule amendment to update language to modify the time frame defining the length of time for the psychotherapist-client relationship.
SUMMARY: The rule amendment will update language to modify the time frame defining the length of time for the psychotherapist-client relationship.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 491.004(5), 491.0111 FS.
LAW IMPLEMENTED: 491.0111 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Susan Foster, Executive Director, Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling/MQA, 4052 Bald Cypress Way, Bin # C08, Tallahassee, Florida 32399-3258
THE FULL TEXT OF THE PROPOSED RULE IS:
64B4-10.003 Psychotherapist Client Relationship.
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) No change.
(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 clients 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 clients 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 clients 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 clients 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 clients 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.
Specific Authority 491.004(5), 491.0111 FS. Law Implemented 491.0111 FS. HistoryNew 3-5-90, Formerly 21CC-10.003, 61F4-10.003, 59P-10.003, Amended 5-21-98,_______.
