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. (1) Sexual misconduct, as defined in Rule 64B4-10.002, F.A.C., with a client is prohibited.
2. (2) The determination of when a person is a client for purposes of this rule is made on a case by case basis with consideration given to the nature, extent, and context of the professional relationship between the psychotherapist and the person. The fact that a person is not actively receiving treatment or professional services from a psychotherapist is not determinative of this issue. A person is presumed to remain a client until the psychotherapist-client relationship is terminated.

3. (3) The mere passage of time since the client’s last visit with the psychotherapist is not determinative of whether 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:

   1. (a) Formal termination procedures;
   2. (b) Transfer of the client’s case to another psychotherapist;
   3. (c) The length of the professional relationship;
   4. (d) The extent to which the client has confided personal or private information to the psychotherapist;
   5. (e) The nature of the client’s problem; and,
   6. (f) The degree of emotional dependence that the client has on the psychotherapist.
4. (4) 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.
5. (5) 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 491.0111 FS. History–New 3-5-90, Formerly 21CC-10.003, 61F4-10.003, 59P-10.003, Amended 5-21-98, 8-13-08, 3-2-26.