STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JOSEPH J. WHITE, )

)

Petitioner, )

)

vs. ) CASE NO. 82-1969

)

DEPARTMENT OF PROFESSIONAL )

REGULATION, BOARD OF )

PSYCHOLOGICAL EXAMINERS, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing in Port Charlotte, Florida, on September 9, 1982, before the Division of Administrative Hearings and its duly appointed Hearing Officer, R. T. Carpenter. The parties were represented by:

APPEARANCES

For Petitioner: Joseph J. White, Ph.D.

111 S.W. 52nd Terrace

Cape Coral, Florida 33904

For Respondent: John E. Griffin, Esquire

Assistant Attorney General Room 1601, The Capitol Tallahassee, Florida 32301

This matter arose on Respondent's denial of Petitioner's application for licensure by exception as a psychologist, pursuant to Chapter 81-235, Laws of Florida, Section 490.013. 1/ The parties have submitted proposed findings of fact which have been incorporated herein to the extent they are relevant and consistent with the evidence.

FINDINGS OF FACT

1. Petitioner holds a doctorate in counseling psychology and is currently practicing in Cape Coral as a locally licensed counselor. He meets all Florida experience requirements for licensing as a psychologist, but Respondent contends that he lacks the specific doctoral course work required for licensure by exception under the above-cited statute and Rule 21U-11.05, F.A.C.

   
   

2. Petitioner qualified several years ago to take the licensing examination, which he failed in part. Following repeal and repassage of the Psychological Services Law, Petitioner's application to take the examination was denied. However, Respondent has changed its position on this point and has again certified Petitioner as qualified to take the psychologist's licensing examination.

3. Petitioner herein seeks licensing without examination, and presented testimony and evidence which established his credentials. He did not demonstrate that he has taken any doctoral courses which relate exclusively to the biological bases of behavior or the cognitive-affective bases of behavior. He has, however, taken courses and a seminar which included such subjects among others. The exclusive nature of this course work requirement is established by Respondent's interpretation of Rule 21U-11.05, F.A.C., which implements Section 490.013, Chapter 81-235, Laws of Florida.

   
   

   CONCLUSIONS OF LAW

   
   

4. Section 490.013, Chapter 81-235, Laws of Florida, provides in part:

   
   

   (2) The department shall license as a psychologist any person who the board certifies:

   (b) Holds a valid certificate to practice psychology issued by the Florida Psychological Association or the Florida Association of Practicing Psychologists, or has submitted proof satisfactory to the board that he has received a doctoral degree from a university or professional school accredited by an accrediting agency approved by the United States Department of Education in a program that is primarily psychological in nature

   and, subsequent to receiving such degree, has had 5 years' experience, primarily psychological. Two years' experience must be in Florida, and only one year of experi- ence may be predoctoral. (e.s.)

   
   

5. Rule 21U-11.05, F.A.C., provides in part:

   
   

   1. In order to be certified by the board as eligible for issuance of a license

      by exception. . .an applicant. . .must demon- strate to the Board's satisfaction that he:

      (b) Received a doctoral degree

      in a program that is primarily psycho- logical in nature. . .

   2. For the purposes of subsection (1)(b) above, the Board defines a program that is primarily psychological in nature as one

      that requires the successful completion of one course in each of the following areas:

      1. biological bases of behavior (e.g., physiological psychology, comparative psychol- ogy, neuropsychology, psychopharmacology).

      2. cognitive-affective bases of behavior (e.g., learning, memory, perception, cognition, thinking, motivation, emotion).

      3. social bases of behavior (e.g., social psychology, cultural, ethnic, and group processes, sex roles, organizational and systems theory).

      4. individual behavior (e.g., personality theory, human development, individual differences,

         abnormal psychology, psychology of women, psychology of the handicapped).

      5. statistics and research methodology; and

      6. methodology for the application of psycho- logical knowledge.

         
         

6. Petitioner did not challenge the validity of the above-quoted rule. Thus, the rule definition of a program which is "primarily psychological in nature" must be applied. Respondent properly interprets this rule to require that a specific course in each of the six named areas is required for licensure by exception eligibility.

   
   

7. Petitioner's doctoral program did not include any courses described in Subsections 21U-11.05(2)(a) and (b), F.A.C., quoted-above. The fact that some courses he took contained such topics among others does not meet the requirements of this rule, nor is there any provision to substitute Petitioner's knowledge and experience for these specific academic requirements.

RECOMMENDATION

From the foregoing findings of fact and conclusions of law, it is RECOMMENDED:

That Respondent enter a Final Order denying the application for licensure. DONE and ENTERED this 24th day of November, 1982, in Tallahassee, Florida.

R. T. CARPENTER, Hearing Officer Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 24th day of November, 1982.

ENDNOTE

1/ This transitional provision was not included in Florida Statutes (1981)

COPIES FURNISHED:

Joseph J. White

111 S.W. 52nd Terrace

Cape Coral, Florida 33904

John E. Griffin, Esquire Assistant Attorney General Room 1601, The Capitol Tallahassee, Florida 32301

Jane Raker, Executive Director Board of Psychological Examiners Department of Professional

Regulation

130 North Monroe Street Tallahassee, Florida 32301

Samuel R. Shorstein, Secretary Department of Professional

Regulation

130 North Monroe Street Tallahassee, Florida 32301

Docket for Case No: 82-001969

Orders for Case No: 82-001969