Fla. Admin. Code R. 64B4-10.002 (2026)
Definition of Sexual Misconduct
(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. History–New 3-4-90, Formerly 21CC-10.002, 61F4-10.002, 59P-10.002, Amended 4-28-98, 4-24-00.
Effective: 4/24/2000.