STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

GERALDINE K. YODER, )

)

Petitioner, )

)

vs. ) CASE NO. 75-2112

)

DIVISION OF HEALTH, )

)

Respondent. )

)

RECOMMENDED ORDER

A hearing was held pursuant to notice in the Dade County Health Department Conference Room, Building # 1, 1350 N.W. 14th Street, Miami Florida, at 10:00

1. on January 16, 1976, before Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings.

   
   

   APPEARANCES

   For Petitioner: Geraldine K. Yoder, represented herself. For Respondent: Barbara Dell McPherson, Esquire

   Staff Attorney

   Division Health Post Office Box 210

   Jacksonville, Florida 32201 ISSUES

   Whether the Petitioner is qualified under Rule 10-41.03, Florida Administrative Code, for licensure as a clinical laboratory technician.

   
   

   Prior to the commencement of the hearing the nature of the proceeding and the Petitioner's right to counsel and to no ice was carefully explained. Counsel for Respondent indicated her willingness to continue the hearing to a later date if Petitioner needed time to obtain counsel. The Petitioner indicated her willingness to proceed.

   
   

   FINDINGS OF FACT AND CONCLUSIONS OF LAW

   
   

   1. Mrs. Yoder made a statement regarding her qualifications for licensure, and identified and introduced Exhibits 1-7. The Hearing Officer, upon her request, held the record open to allow her the opportunity to file a late filed exhibit, which has been received as Exhibit 8.

      
      

   2. It was stipulated that Mrs. Yoder had 17 years of experience and two

      (2) years of training in the field of cytology. This background placed her generally within the provisions of Subsections (5) and (6) of Rule 100-41.03,

      Florida Administrative Code. However, the issue became whether Mrs. Yoder had the required hours of college credit.

      
      

   3. Subsections (5) and (6) of Rule 100-41.03, F.A.C., requires an applicant: to have a minimum of 60 semester hours or equivalent in an accredited college or university with a chemical, physical, or biological science as a major subject.

      
      

   4. It was stipulated that Mrs. Yoder had successfully completed ten (10) hours of credit in an accredited college. The Hearing Officer finds from the evidence submitted that she has 75 hours of instruction from the Academy of Health Science, U.S. Army, Ft. Sea Houston, Texas.

      
      

   5. Mrs. Elizabeth Carter testified that she had evaluated Mrs. Yoder's application, and had determined that Mrs. Yoder lacked the required hours of college credit. It was proven by unrebutted testimony that the Academy of Health Science, U.S. Army, Ft. Sam Houston, Texas, is not an accredited college or university.

      
      

   6. Having reviewed the other matters presented to include Exhibits 1-5, the Hearing Officer finds that Mrs. Yoder is eminently qualified except for the lack of the 50 semester hours or its equivalent required by Rule 10D-41.05(5) and (6), F.A.C.

RECOMMENDATION

The Hearing Officer therefore recommends that the Respondent agency deny the application.

DONE and ORDERED this 16th day of February, 1976.

STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Barbara Dell McPherson, Esquire Staff Attorney

Division of Health Post Office Box 210 Jacksonville, Flora

Geraldine K. Yoder

3101 N.W.. 4th Avenue, Apt. 1 Pompano Beach, Florida 33064

Docket for Case No: 75-002112

Orders for Case No: 75-002112