STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MARSHALL IAN FARKAS, Ph.D., )

)

Petitioner, )

)

vs. ) CASE NO. 82-3377

)

DEPARTMENT OF PROFESSIONAL )

REGULATION, BOARD OF )

PSYCHOLOGICAL EXAMINERS, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, James E. Bradwell, held a public hearing in this case on April 28, 1983, in Miami, Florida. A transcript of the proceedings was received by this Division on May 16, 1983. The parties were afforded leave through May 28, 1983, to submit proposed findings of fact, etc. in support of their respective positions. The Respondent presented Proposed Findings of Fact, Conclusions of Law and Recommended Order to the undersigned. Said proposed memorandum was considered by me in preparation of this Recommended Order. 1/

APPEARANCES

For Petitioner: Marshall Ian Farkas, pro se

1250 West Avenue Apt. 15-B Miami, Florida 33139

For Respondent: Randall A. Holland, Esquire

Department of Legal Affairs Room 1601, The Capitol Tallahassee, Florida 32301

ISSUE

The issue posed for decision herein is whether or not the Petitioner meets the educational requirements for entitlement to licensure as a psychologist.

Based upon my observation of the witnesses and their demeanor while testifying, documentary evidence received, and consideration of the Respondent's proposed memorandum, I hereby make the following relevant:

FINDINGS OF FACT

1. Petitioner made application to Respondent to obtain a psychology license by exception pursuant to the provisions of Section 1 of Chapter 81-235, Laws of Florida, as amended by Section 37 of Chapter 82-179, Laws of Florida, and Rule 21U-11.05, Florida Administrative Code. Respondent denied Petitioner's application on the grounds that his doctoral degree did not meet the educational

   requirements of subsection (2) of Rule 21U-11.05, Florida Administrative Code. (Joint Exhibit #1)

   
   

2. At Petitioner's request, Respondent (herein sometimes referred to as the Board of Psychological Examiners or Board) reconsidered his application. It was reaffirmed that his doctoral degree was not from a program primarily psychological in nature because the program did not include at least one course in biological bases of behavior, cognitive-affective bases of behavior, individual behavior, or methodology for the application of psychological knowledge as required by sub-paragraphs (a), (b), (4), and (f), of subsection

   (2) of Rule 21U-11.05, Florida Administrative Code. (Joint Exhibit #1)

   
   

3. Respondent presented the testimony of board member Edward Murray, Ph.D., who was received as an expert in these proceedings in the subject matter of psychology.

   
   

4. In order to receive a license in Florida, an applicant, pursuant to Chapter 490, Florida Statutes, must receive a degree from a program primarily psychological in nature. The Board, in carrying out the statutory requirements, promulgated Rule 21U-11.05 to determine whether or not a program was primarily psychological in nature. In so doing, the Board has set forth a requirement that a full course be devoted entirely to the content of the following areas:

   (a) biological bases of behavior; (b) cognitive-affective bases of behavior; (c) social bases of behavior; (d) individual differences; (e) statistics; and (f) methodology and application of psychological knowledge. (TR-49)

   
   

5. Without reciting the Petitioner's testimony, in hoc verba, it suffices to say that the Petitioner has taken several courses which touch upon some of the areas required in the above-referred rule (21U-11.05, Florida Administrative Code). However, Petitioner failed to establish that he had taken a class which was primarily in the "biological bases of behavior" as was required. Additionally, Petitioner failed to establish that he had taken a course which primarily dealt with the cognitive bases of behavior which was required in order to satisfy the requirements of subsection (2)(b) of Rule 21U-11.05, Florida Administrative Code.

   
   

6. Further, Petitioner, while having taken several sociology courses, failed to satisfy the requirement of having taken a course which dealt primarily with individual behavior.

   
   

7. Finally, Petitioner failed to satisfy the requirement of establishing that he had taken a course to satisfy the requirement of research methodology for the application of psychological knowledge.

   
   

8. The Board requires one individual course in each specific area set forth in Rule 21U-11.05 and does not permit an applicant to piece together parts of several courses to satisfy the requirements. (Testimony of Dr. Murray, TR

   51-54)

   
   

   Respondent's Position

   
   

9. Respondent graduated from the University of Illinois with a Ph.D. in Social Psychology. Respondent's position is that, based on the numerous courses that he has taken, both graduate and post-graduate, including his years of experience in the counseling and advisory areas, he more than satisfies the requirements of Rule 21U-11.05, Florida Administrative Code.

   CONCLUSIONS OF LAW

   
   

10. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action. Section 120.57(1), Florida Statutes.

    
    

11. The parties were duly noticed pursuant to the notice provisions of Chapter 120, Florida Statutes.

    
    

12. The authority of the Board is derived from Chapter 490, Florida Statutes, and Rule 21U-11.05, Florida Administrative Code.

    
    

13. An applicant for licensure as a psychologist by exception must establish that he:

    
    

    Holds a valid certification 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. (Section 1 of Chapter 81-235, Laws of Florida)

    
    

14. Respondent implemented the "primarily psychological in nature" provisions of Chapter 81-235 by promulgating Rule 21U-11.05, Florida Administrative Code. Subsection (2) of that rule provides:

    
    

    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 psychology, neuropsychology, psychoparmacology)

    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 dif- ferences, abnormal psychology, psychology of women, psychology of the handicapped);

    5. statistics and research methodology; and

    6. Methodology for the application of psychological knowledge.

       
       

15. An examination of Petitioner's application revealed deficiencies in sub-paragraphs (a), (b), (d), and (f).

16. Petitioner has the burden of establishing that the Respondent acted erroneously and that he is entitled to licensure as a psychologist by exception. Rule 28-6.08(3), Florida Administrative Code.

    
    

17. Petitioner's doctoral program did not include courses devoted exclusively to the areas described in subsections 21U-11.05(2)(a), (b), (d), and (f), Florida Administrative Code.

    
    

18. There is no provision which would allow the Board to substitute Petitioner's knowledge and experience for the specific academic requirements in which he has been found to be deficient.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Petitioner's application for licensure as a psychologist by exception be DENIED.

RECOMMENDED this 29th day of July, 1983, in Tallahassee, Florida.

JAMES E. BRADWELL, 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 29th day of July, 1983.

ENDNOTE

1/ To the extent that the proposed findings, etc. contained in the Proposed Recommended Order are not incorporated herein, said proposed findings, etc. were deemed either irrelevant, immaterial or not otherwise supported by record evidence. The parties waived the thirty (30) day time requirement that a Recommended Order be entered by the undersigned within thirty (30) days following the close of the hearing.

COPIES FURNISHED:

Marshall Ian Farkas

1250 West Avenue Apt. 15-B Miami, Florida 33139

Randall A. Holland, Esquire Department of Legal Affairs Room 1601, The Capitol Tallahassee, Florida 32301

Ms. Jane Raker Executive Director

Board of Psychological Examiners

130 North Monroe Street Tallahassee, Florida 32301

Mr. Fred Roche Secretary

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

Docket for Case No: 82-003377

Orders for Case No: 82-003377