STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

TERRI L. BENNETT, )

)

Petitioner, )

)

vs. ) CASE NO. 78-591

) STATE OF FLORIDA, DEPARTMENT ) OF HEALTH AND REHABILITATIVE ) SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, an administrative hearing was held before Diane D. Tremor, Hearing Officer with the Division of Administrative Hearings at 11:00

1. on July 25, 1978, at Room 132, 1217 Pearl Street, Jacksonville, Florida.

   
   

   APPEARANCES

   
   

   For Petitioner: Terri L. Bennett

   Route 6, Box 249

   Lake City, Florida 32055

   
   

   For Respondent: Robert M. Eisenberg

   District IV Counsel Post Office Box 2417F

   Jacksonville, Florida 32231 FINDINGS OF FACT

   Upon consideration of the relevant oral and documentary evidence adduced at the hearing, the following facts are found:

   
   

   1. Petitioner Terri L. Bennett applied to respondent for licensure as a clinical laboratory technologist under the provisions of Florida Statutes, Chapter 483. By letter dated March 13, 1978, she was advised that she was ineligible for licensure as a technologist based upon the information given on her application. Petitioner's application was denied because of noncompliance with Florida Administrative Code, Rule 10D-41.25(9). This section requires successful completion of two years of academic study with a chemical, physical or biological science as a major subject and "at least four years of pertinent experience in an approved laboratory." It is the latter quoted portion of this rule which respondent determined petitioner had not met. Respondent agreed that petitioner had satisfied the academic study requirement of Rule 10D-41.25(9).

      
      

   2. Rule 10D-41.25, Florida Administrative Code, requires that a technologist meet one of ten requirements. Respondent reviewed petitioner's application under all ten requirements and determined that she did not meet any of them, but came closest to meeting requirement (9) discussed above.

      Petitioner admits that she has not had the four years of experience in an approved laboratory.

      
      

   3. Petitioner contends that she meets the requirements of subsection (8) of Rule 10D-41.25. This subsection contains the same academic study requirement as subsection (9), but includes the following requirement:

      
      

      ". . . plus successful completion of a 12 months structured curriculum in medical laboratory techniques (which may have been part of a college course) accepted by the Department of Health and Rehabilitative Services. . ."

      
      

   4. Petitioner attended the North Central Florida School of Medical Technology in Perry, Florida. On April 29, 1977, that school certified that petitioner "has successfully fulfilled the requirements and completed the prescribed course for Medical Laboratory Technician." While attending the North Central Florida School, petitioner also took academic courses at the North Florida Junior College as part of a cooperative arrangement between the two schools. This arrangement, according to the testimony of Dr. Walter Bishop, Acting President of the Junior College, concerned the offering of academic course work to the Perry's school students, and not the offering of laboratory technology training.

      
      

   5. Respondent recognizes the program at the North Central Florida School of Medical Technology in Perry as acceptable to meet the requirements listed under Rule 10D-41.26(2) for licensure as a technician. Petitioner has, in fact, recently become licensed as a technician. Respondent has not accepted the Perry school's program as meeting the requirements for licensure as a technologist under Rule 10D-41.25. It is respondent's position that while the program and course work offered at the North Central Florida School conforms with the requirements for technician training, it does not conform with the curricula and standards approved for technologists by the Council on Medical Education of the American Medical Association and has not otherwise been accepted by the respondent for the field of medical technology.

      
      

      CONCLUSIONS OF LAW

      
      

   6. When applying for licensure by the State, it is the applicant's burden to clearly illustrate that she has met all requirements and qualifications therefor. Petitioner has not met this burden. She has failed to demonstrate that she has successfully completed a twelve month structured curriculum in medical laboratory techniques accepted by the respondent. While the North Central Florida School is recognized and accepted by the respondent for technician licensure, it is not accepted for licensure as a technologist.

      
      

   7. Petitioner has failed to demonstrate compliance with the requirements for licensure and has failed to prove that respondent violated its own rules and regulations in reviewing and acting upon petitioner's application. Absent such a showing, petitioner cannot prevail in this proceeding.

RECOMMENDATION

Based upon the findings of fact and conclusions of law recited above, it is recommended that petitioner's application for a clinical laboratory technologist's license be DENIED.

DONE AND ORDERED in Tallahassee, Leon County, Florida, this 6th day of September, 1978.

DIANE D. TREMOR

Hearing Officer

Division of Administrative Hearings

530 Carlton Building Tallahassee, Florida 32304 (904) 488-99775

COPIES FURNISHED:

Terry L. Bennett Route 6, Box 249 Lake City, FL 32055

Also mailed to Ms. Bennett at the following address: 1461 Cedar Bay Road Jacksonville, FL 32218

Robert M. Eisenberg District IV Counsel Post Office Box 2417F Jacksonville, FL 32231

William J. Page, Jr.

Secretary

Department of HRS

1323 Winewood Boulevard

Tallahassee, FL 32301

Docket for Case No: 78-000591

Orders for Case No: 78-000591