STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

YEHAUDA WEINBAUM, )

)

Petitioner, )

)

vs. ) CASE NO. 80-672

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, this cause came on for hearing before Linda M. Rigot, the assigned Hearing Officer of the Division of Administrative Hearings, on July 3, 1980, in Miami, Florida. The Petitioner, Yehuda Weinhaum, appeared in proper person; and the Respondent, Department of Health and Rehabilitative Services, was represented by Morton Laitner, Esquire, Miami, Florida.

The issue for determination is whether Petitioner's application for a technologist's license pursuant to The Florida Clinical Laboratory Law should be approved. The Petitioner testified on his own behalf, and Barbara Robinson testified on behalf of the Respondent.

FINDINGS OF FACT

1. Petitioner is licensed by the State of Florida as a Clinical Laboratory Technician. He applied to the Respondent for licensure as a Clinical Laboratory Technologist with specialties in microbiology, serology, clinical chemistry, hematology, immunohematology, histology, and chemistry (special). On March 25, 1980, Respondent denied Petitioner's application for technologist's license for the reason that Petitioner has not completed the sixty semester hours required by Section 10D-41.25(9), Florida Administrative Code.

   
   

2. Petitioner holds a high school equivalency diploma. He has taken courses at Chicago City College, Southeast Junior College, Roosevelt University, Olive-Harvey, and the U.S. Army medical school. He is a graduate of the American Academy of Medical Technology; however, the Academy is not an accredited school. He holds a Medical Technologist`s Certificate from the Registry of the American Medical Technologists. He has been employed as a technologist for over twelve years, principally at Michael Reese Hospital and Medical Center, and is licensed as a medical technologist in the State of Illinois.

   
   

3. Based upon his college transcripts, the Respondent has given Petitioner credit for forty-eight hours of academic work and as advised the Petitioner that he need obtain only twelve additional credits for satisfying educational requirements. An approved course of study is available to him at Miami-Dade Community College.

4. Petitioner has not taken the U. S. Public Health Service proficiency examination in clinical laboratory technology.

   
   

   CONCLUSIONS OF LAW

   
   

5. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties hereto. Sections 120.57 and 120.60, Florida Statutes.

   
   

6. Section 403.051, Florida Statutes (1979) authorizes the Department of Health and Rehabilitative Services to license all clinical laboratory personnel and to prescribe the qualifications necessary for licensure. It further provides that the Respondent may require appropriate education or experience or the passing of an examination in appropriate subjects or any combination of those factors. In implementation this statutory responsibility, Respondent has adopted Rule 10D-41.25, Florida Administrative Code, which sets forth ten alternative methods by which an applicant can qualify to take the State's examination for licensure as a technologist. Methods 1 through 9 require formal education at an accredited college or university ranging from a completion of sixty semester hours (or the equivalent in quarter or trimester hours) to a bachelor's degree. The tenth method for qualification requires the achievement of a satisfactory grade on the U. S. Public Health Service approved proficiency examination in clinical laboratory technology and at least six years of pertinent experience in an approved laboratory. Since Petitioner has not taken the U. S. Public Health Service examination, he can only qualify, if at all, under the first nine methods which require formal educational training. Section 10D-41.25(9), Florida Administrative Code, sets forth the method for qualification most suitable to Petitioner's background in that it requires sixty semester hours in an accredited college or university with a chemical, physical or biological science as a major subject and at least four years of pertinent experience in an approved laboratory. Clearly, Petitioner has more than satisfied the years of experience requirement, and he is close to completing the minimum educational background in that he need obtain only twelve additional credits in order to qualify under that rule to sit for the State's licensure examination.

   
   

7. Petitioner has failed to meet his burden of proof to affirmatively demonstrate that he is qualified to be licensed under any of the ten methods for qualification established by the Respondent herein.

RECOMMENDATION

Based upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED THAT:

A Final Order be entered denying Petitioner's application for a technologist's license pursuant to the provisions of The Florida Clinical Laboratory Law.

RECOMMENDED this 16th day of October, 1980, in Tallahassee, Florida.

LINDA M. RIGOT

Hearing Officer

Division of Administrative Hearings The Collins Building

Room 101

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 16th day of October, 1980.

COPIES FURNISHED:

Morton Laitner, Esquire Dade County Department of

Public Health

1350 N.W. 14th Street Miami, Florida 33125

Mr. Yehuda Weinbaum

536 Euclid Avenue

Miami Beach, Florida 33139

Mr. Alvin J. Taylor, Secretary Department of Health and

Rehabilitative Services 1323 Winewood Boulevard

Tallahassee, Florida 32301

Docket for Case No: 80-000672

Orders for Case No: 80-000672