STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEVON L. CARTER, )

)

Petitioner, )

)

vs. ) CASE NO. 80-732

)

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, Devon L. Carter, appeared on his own behalf; 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 further presented the testimony of Alphonso Bernard Livingston, Sr., and Suzanne L. Pixley. The Respondent presented the testimony of Barbara Robinson.

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, specializing in clinical chemistry. On April 1, 1980, Respondent denied Petitioner's application for a technologist's license for the reason that Petitioner does not have the sixty semester hours required by Section 10D- 41.25(9), Florida Administrative Code.

   
   

2. Petitioner is a high school graduate. There after he graduated from Charron-Williams Paramedical College, technician training school. He has not attended an accredited college or university.

   
   

3. Petitioner has been employed as a technician for approximately five years, and his witnesses testified as to the quality of his work.

   
   

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 (1979)

6. Section 483.051, 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 these factors. In implementation of 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 requires, in addition to certain experience, the achievement of a satisfactory grade on the U.S. Public Health Service proficiency examination in clinical laboratory technology.

   
   

7. Petitioner agrees that he has failed to meet the criteria set forth in any of the ten alternative methods for qualifying to take the State's licensure examination. Although Petitioner does have the experience required by several of the methods for qualification, he lacks the educational requirements in those methods. Accordingly, Petitioner herein has failed to meet his burden of proof to affirmatively demonstrate that he is qualified to be licensed.

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:

Mr. Devon L. Carter 16615 S.W. 103rd Court Miami, Florida 33157

Morton Laitner, Esquire Dade County Department of

Public Health

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

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

Rehabilitative Services 1323 Winewood Boulevard

Tallahassee, Florida 32301

Docket for Case No: 80-000732

Orders for Case No: 80-000732