2. 64B4-10.001 – Findings of the
Board
The power differential between therapist and client is
extremely influential (consciously or subconsciously) when it
comes to such relationships.
The effects of having this kind of inappropriate relationship with
a client can endure even after therapy is terminated.
Therapist is responsible for acting in the best interest of the
client even after termination.
3. 64B4-10.002 – Definition of Sexual
Misconduct
Sexual misconduct is defined as any attempt by a therapist to
engage, attempt to engage or offer to engage in sexual
behavior. It can be verbal or physical with the intent of being
sexually arousing.
Includes kissing, sex of any kind and touching by therapist or
client of the other’s breast, genital area, buttocks or thighs.
Clothed or unclothed.
It is also sexual misconduct for a therapist to encourage a
client to engage in sexual conduct with a third party. There are
2 exceptions to this:
The encouragement is consistent with the treatment plan
established for this clients specific diagnosis.
If it is a generally accepted standard for psychotherapy in the state
you are in.
4. 64B4-10.003 – Psychotherapist-Client
Relationship
This relationship is established once the therapist rendered or intends to
render a mental health service.
A formal contract, scheduling of appointment or payment are NOT necessary in
order for it to be considered a psychotherapist-client relationship but it is
considered evidence that it exists.
SEXUAL MISCONDUCT IS PROHIBITED.
To determine the existence of sexual misconduct, the psychotherapist-
client relationship continues for a MINIMUM of 2 years after termination.
Just because it is past the 2 years does not mean the psychotherapist-
client relationship is over.
The client consenting to, initiating or participating in the sexual behavior
or involvement with the therapist does not change the nature of the
conduct OR lift the prohibition.
5. 64B4-10.003 – Psychotherapist-Client
Relationship
Some of the ways the Board uses to determine if the
psychotherapist-client relationship is over are:
Formal termination
Transfer of a client’s case to another therapist
How long the professional relationship has been
The extent of how much the client has shared with the therapist
The nature of the client’s problem
How emotionally dependent the client is with the therapist
The therapist is not to engage in or request sexual contact with a
formal client at ANY TIME IF it would be exploitative, abusive or
detrimental to that clients well being OR if that sexual contacts
comes from an exploitation of trust, knowledge, influence or
emotions, derived for the professional relationship.
6. 64B4-10.004 – Sexual Misconduct Not
Involving Client Contact
It is sexual misconduct for a supervisor to engage in sexual
behavior with the supervisee while the supervisory relationship
exists.
It is sexual misconduct for the therapist to engage in sexual
behavior with the immediate family member/guardian of a
client during the period of time therapeutic services are being
provided to the client.
Immediate family is defines as: spouse, child, parents, parents-in-
law, sibilings, grandchildren, grandparents or any other household
member.