STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

HORACE RUSSELL MORGAN, JR. )

)

Petitioner, )

)

vs. ) CASE NO. 75-1705

)

DIVISION OF HEALTH, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated hearing officer, K. N. Ayers, held a public hearing in the above styled cause on October 29, 1975 at Tampa, Florida.

APPEARANCES

For Petitioner: Horace Russell Morgan, Jr.

15116 North 20th Street Lutz, Florida

For Respondent: Barbara Dell McPherson, Esquire Staff Attorney

Division of Health Post Office Box 210 Jacksonville, Florida

ISSUE

By this petition, Horace R. Morgan, Jr., M. T. seeds a review of the Division of Health's denial of Mr. Morgan's application for licensure as a clinical laboratory supervisor.

FINDINGS OF FACT

1. The facts herein involved are largely undisputed. Mr. Morgan acknowledges that the experience computations made by the Respondent from the attachment to his application for licensure, Exhibit 3 herein, are correct; and that, as computed, the total experience of Mr. Morgan comprises seven years and four months. Mr. Morgan, however, contends that the practice of the Respondent in allowing credit only for months inn which an applicant is employed in a laboratory and requiring twelve months of such employment for one year's credit is not correct. The Petitioner's position appears to be that he should be given credit from the time he was initially employed as a laboratory technician through the intervening years he has been employed without regard to periods in which he was not so engaged.

   
   

2. Petitioner's second point of contention is that, as acknowledged by the Respondent, he has a total of 70 credit hours in academic training, and

   therefore his experience requirements should be reduced accordingly. Rule 10D- 41.04, F.A.C. Laboratory Personnel Qualifications Supervisor, provides the minimum qualifications of a supervisor. These include successful completion of three years of academic study (a minimum of 90 semester hours or equivalent) in an accredited college or university, and at least seven years of experience in a clinical laboratory; or successful completion of two years of academic study ( a minimum of 60 semester hours or equivalent) in an accredited college or university and at least ten years of experience in a clinical laboratory.

   Petitioner contends that 70 hours of academic study should result in a lessening of the amount of practical experience required. Petitioner's basic contention is that the additional ten hours of academic study should be equivalent to one year of of experience, inasmuch as 60 hours of academic study requires ten years experience to qualify for supervisor, whereas with 90 hours academic study, only seven years experience is required to qualify as supervisor.

   
   

3. On the other hand, Respondent's witness, who is in charge of reviewing all applications such as Morgan's, testified that the Division has interpreted the regulations to require a successful completion of three years of academic study and seven years experience, or successful completion of two years academic study and ten years experience in order to qualify as a laboratory supervisor. No interpolations have been allowed between these two requirements, and this interpretation of the rule has been followed since the rule was promulgated some seven or eight years ago. She further testified that she had credited Morgan with his experience periods in the manner that has been used to credit all other applicants since the rules were adopted.

   
   

4. Under this long standing interpretation of the regulations, Morgan has seven years and four months experience as indicated on his application, and he also has 70 hours credit for academic study. Accordingly, even had Morgan been credited with nine years experience as he would have if given credit for every year he has been licensed, he still would not meet the minimum requirements to qualify as a supervisor.

   
   

   CONCLUSIONS OF LAW

   
   

5. Section 483.051(1) , Florida Statutes, provides in pertinent part that the Division of Health shall prescribe the qualifications necessary for clinical laboratory personnel to be licensed. It further provides that the qualifications may require appropriate education or experience, or the passing of an examination in appropriate subjects or any combination. The regulations adopted in Rule 10D-41.04 F.A.C. are in compliance with the statutory provision above noted. Administrative agencies have only such powers as are conferred on them by statute. 1 Fla. JUR sec. 71 Administrative Law. Rules enacted in accordance with the statute have the force and effect of the statute and are binding on all parties. Decisions of administrative agencies as to matters committed by law to their discretion are entitled to great weight, and will usually be accepted and upheld by the courts unless there is a violation of law or an abuse of discretion. 1 Fla. JUR, sec. 183, Administrative Law. Likewise, agency's interpretations of its own rules and regulations are entitled to great weight, particularly when they have been of long standing duration. Here there was no showing that the Division's rules and their interpretation of these rules are either unauthorized or capricious.

From the foregoing it is concluded that the Respondent, Division of Health, properly denied the application for a license as a Clinical Laboratory Supervisor submitted by Horace Russell Morgan, Jr., M.T. It is therefore,

RECOMMENDED that the petition be dismissed.

ENTERED this 7th day of November, 1975, in Tallahassee, Florida.

K. N. AYERS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

Docket for Case No: 75-001705

Orders for Case No: 75-001705