STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MARCELINO D. MATA, )

)

Petitioner, )

)

vs. ) CASE NO. 84-2648

)

DEPARTMENT OF PROFESSIONAL ) REGULATION, BOARD OF MEDICAL ) EXAMINERS, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing in Miami, Florida on August 29, 1984, before the Division of Administrative Hearings and its duly appointed Hearing Officer. R. T. Carpenter. The parties were represented by:

APPEARANCES

For Petitioner: Donald Mates, Esquire

SCHWEITZER & MATES

1800 Coral Way

Miami, Florida 33145

For Respondent: Susan Tully, Esquire

Assistant Attorney General Department of Legal Affairs The Capitol, Suite 1601 Tallahassee, Florida 32301

This matter arose on Respondent's denial of Petitioner's application for licensure as a physician by endorsement. Grounds for denial were Petitioner's failure to produce evidence that he possessed current certification by the Educational Commission for Foreign Medical Graduates (ECFMG) or that he had graduated from a medical college recognized by the World Health Organization.

FINDINGS OF FACT

1. Petitioner graduated from the Camaguey University (Cuba) Medical College in December, 1972. Due to administrative delay, he was not furnished a diploma until 1976. He was, however, issued credentials in 1972 which established that he held an M.D. degree and was authorized to practice medicine.

   
   

2. The World Health Organization recognized the University of Camaguey as of 1976, which led Respondent to conclude that this medical college did not exist or was not recognized in 1972. However, Petitioner established that the University of Camaguey Medical College was opened in the late 1960's as a branch of the University of Havana, a recognized medical college, and did not obtain separate status until sometime in the early 1970's.

3. Petitioner began the practice of medicine in Cuba in 1972, and completed a residency in reconstructive surgery. He continued to practice medicine in Cuba until 1981, when he emigrated from that country.

   
   

4. Petitioner produced ample evidence of his medical degree by way of his diploma, transcript and the testimony of two physicians who knew him as a student at the University of Camaguey Medical College. Additionally, Petitioner provided a copy of his ECFMG certificate issued August 16, 1984 (Petitioner's Exhibit 2). He had successfully completed the examination in July, 1983, but did not have a copy available at the time he applied for licensure by endorsement.

   
   

   CONCLUSIONS OF LAW

   
   

5. Section 458.313, Florida Statutes (1983) establishes the requirements for physician licensure by endorsement. Petitioner initially satisfied these requirements with the exception of proof of graduation from an approved medical college and certification by the ECFMG.

   
   

6. The evidence demonstrated that Petitioner does, in fact, hold a medical degree from an institution recognized by the World Health Organization and current certification by the ECFMG. He is, therefore, entitled to licensure as a physician by endorsement.

RECOMMENDATION

Based on the foregoing, it is

RECOMMENDED that Respondent enter a Final Order granting Petitioner licensure as a physician.

DONE and ENTERED this 3rd day of October, 1984, 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 3rd day of October, 1984.

COPIES FURNISHED:

Donald Mates, Esquire SCHWElTZER & MATES

1800 Coral Way

Miami, Florida 33145

Susan Tully, Esquire Assistant Attorney General Department of Legal Affairs The Capitol, Suite 1601 Tallahassee, Florida 32301

Dorothy Faircloth, Executive Director Board of Medical Examiners

130 North Monroe Street Tallahassee, Florida 32301

Fred M. Roche, Secretary

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

Docket for Case No: 84-002648

Orders for Case No: 84-002648