STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

THERESA M. DIDICK, )

)

Petitioner, )

)

vs. ) CASE NO. 84-2679

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice this cause came on for formal hearing before P. Michael Ruff, duly designated Hearing Officer in Punta Gorda, Florida on February 22, 1985. The appearances were as follows:

For Petitioner: Theresa M. Didick, pro se

1675 Strasburg Drive

Port Charlotte, Florida 33952

For Respondent: Anthony N. DeLuccia, Jr., Esquire

District VIII Legal Counsel Department of Health and

Rehabilitative Services 8800 Cleveland Avenue, South Fort Myers, Florida 33907

The Petitioner applied for licensure as a laboratory technologist pursuant to Chapter 483, Florida Statutes and Rule 10D-41.24 and 10D-41.25, Florida Administrative Code. She is seeking licensure in the specialty of immunohematology (blood banking). The Department of Health and Rehabilitative Services (HRS) received her application, reviewed it and notified her that the application was denied based upon her failure to have 60 semester hours of higher education credit in relevant fields, as delineated in Section 10D-41.25, Florida Administrative Code and for failure to have the required six years of laboratory experience in the field for which she seeks licensure. It is undisputed that the Petitioner passed the U.S. Public Health Service Proficiency Examination which is the first part of the requirement at paragraph (10) of Rule 10D-41.25. The dispute in this proceeding concerns whether she has the six years of pertinent experience in an approved laboratory for purposes of paragraph (10) which is the alternative method of qualifying for licensure if the first nine paragraphs which deal with various requirements for hours of college credit have not been complied with. There is no question that the Petitioner does not have the required 60 semester hours of college credit required under Section 10D-41.25(9), Florida Administrative Code.

The cause came on for hearing as noticed and the Petitioner presented her own testimony. The Respondent, HRS, presented the testimony of George Taylor, Jr. and Composite Exhibit 1 consisting of the application for licensure and

various documents containing background information regarding the Petitioner's qualifications. The Department also presented Composite Exhibit 2, consisting of the pertinent rule chapter of the Florida Administrative Code, both of which exhibits were admitted into evidence without objection. At the conclusion of the hearing the parties waived the transcribing of the proceeding and waived their right to submit proposed findings of fact and conclusions of law.

The issue to be resolved thus concerns whether the Petitioner is entitled to licensure as a laboratory technologist in the specific field of immunohematology (blood banking), by having met the six year pertinent experience requirement.

FINDINGS OF FACT

1. The Petitioner Theresa Didick is a licensed laboratory technologist holding licenses in the specialties of hematology and chemistry. She has a substantial amount of experience as a laboratory technologist with the major emphasis of her work involving performance of all sorts of blood tests and blood chemistry analyses as well as urinalysis tests. She has approximately 15 hours of higher education courses in such fields as biology, psychology and English. She has extensive experience in the operation and maintenance of laboratory equipment.

   
   

2. From September, 1968 to September, 1968 the Petitioner worked as a medical technician et Pondville State Hospital in Norfolk, Massachusetts, performing duties involving routine hematology, chemistry and bacteriology in a laboratory. From September, 1969 to July, 1970 she worked as a medical technician at Beth Israel Hospital in Boston, Massachusetts again performing routine hematology and urinalysis testing. Her experience in the medical laboratory field then lapsed until January, 1973 when from that date until September, 1973 she worked at Milford Hospital, Milford, Massachusetts, performing STAT blood and urine tests. Then from September, 1973 to February of 1976, Petitioner worked as a medical-technologist at Massachusetts Hospital School at Canton, Massachusetts. Her duties there consisted of running a small "one-person" lab conducting routine blood tests which included manual blood chemistries, hematology and bacteriology, as well as being responsible for maintaining inventory and ordering lab supplies. From December, 1976 to February, 1977 she worked as a part-time consultant medical-technologist for that same entity, providing technical assistance in updating and preparing the laboratory and the current lab technician for accreditation inspection. From March, 1976 to February, 1984 she worked as a medical technologist at Norwood Hospital and Southwood Community Hospital in Norwood, Massachusetts. Her responsibilities there as a technologist were for all aspects of hematology and chemistry, including maintaining quality control, maintaining instruments and equipment, as well as training students and new employees. Her experience at Massachusetts Hospital School for almost four years did involve delivery of blood to operating rooms, but did not specifically involve "blood banking" such. The Petitioner's experience in immunohematology or "blood banking," which involves the sub-specialty of blood grouping, typing and cross matching of blood, RH typing, the withdrawal of blood from donors and the storage and dispensation of blood and blood derivatives, consists of her duties from January, 1973 to September, 1973 at Milford Hospital in Milford, Massachusetts, and her approximate four years tenure at Massachusetts Hospital School. That last experience is only partially pertinent in that she was responsible insofar as blood banking is concerned, for only dispensing and delivery of blood to operating rooms. Such experience, however, even if all pertinent under the sub- specialty of immunohematology or blood banking does not amount to six years of

   pertinent experience. Unfortunately neither does the other experience of the Petitioner, involving work in laboratories performing routine blood tests involving blood chemistry, hematology and bacteriology, as well as urinalysis, constitute the practice or performance of blood banking or immunohematology.

   
   

3. In short, the Petitioner did not establish that she has six years or more experience in performing all of the different types of tests and other duties involved in blood banking, as opposed to the mere delivery of blood to operating rooms or the mere routine chemistry and hematological blood tests performed in the normal operation of a clinical laboratory. The pertinent experience at Milford Hospital which involved more of the duties of blood banking only amounts to less than a year of such experience.

   
   

4. George S. Taylor, Jr. is a biological scientist in the Lab Personnel Licensing Agency of the Department of Health and Rehabilitative Services. He established that it is consistent department policy to require six years experience in the field of immunohematology or blood banking consisting of performance for those six years of the various procedures and processes involving blood banking delineated above. The performance of routine blood chemistry and hematological tests and urinalyses normally performed in clinical laboratories does not constitute experience in the field of immunohematology blood banking for purposes of licensure as a technologist in that sub-specialty by the department.

   
   

   CONCLUSIONS OF LAW

   
   

5. The Division of Administrative Hearings has jurisdiction over the subject matter of and the parties to this proceeding. Section 120.57(1), Florida Statutes (1953).

   
   

6. Rule 10D-41.22, Florida Administrative Code provides that a technologist is defined as:

   
   

   . . . Any qualified person who performs tests which require the exercise of independent judgment and responsibility with supervision

   by the director and supervisor [of a laboratory] and only those specialties or sub-specialties

   in which the person is qualified by education, training and experience.

   
   

7. Rule 10D-41.25 provides that a laboratory technologist must meet a series of alternative requirements delineated in nine paragraphs involving a various minimum numbers of hours of academic study in accredited colleges or universities in appropriate fields such as biology, chemistry or physical sciences. There then follows the pertinent paragraph (10) which states an alternative method of qualifying as a technologist as follows:

   
   

   . . . Achievement of a satisfactory grade in 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. (Emphasis supplied)

   
   

8. The Petitioner herein, although she established that she achieved a satisfactory grade on the pertinent U.S. Public Health Service examination in clinical laboratory technology, has failed to establish that she has achieved

six years of pertinent experience in an approved laboratory in the field of immunohematology or blood banking as that sub-specialty has been described in the above Findings of Fact and thus she has failed to establish that her experience is sufficiently pertinent to warrant licensure in view of the unrefuted department policy established by witness Taylor which requires that the six years experience be specifically in the field of immunohematology, even though this Petitioner has considerably more than six years experience in related fields of laboratory technologist practice. Accordingly, the Petitioner having failed to establish that she meets the required academic requirements and the required laboratory experience requirements in the pertinent sub- specialty, it must be concluded that her petition must be denied.

RECOMMENDATION

Having considered the foregoing Findings of Fact, Conclusions of Law, the evidence of record, the candor and demeanor of the witnesses and the pleadings and arguments of the parties, it is, therefore

RECOMMENDED:

That the petition of Theresa M. Didick for licensure as a laboratory technologist in the sub-specialty of immunohematology be DENIED.

DONE and ORDERED this 10th day of May, 1985 in Tallahassee, Florida.

P. MICHAEL RUFF 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 10th day of May, 1985.

COPIES FURNISHED:

Ms. Theresa M. Didick 1675 Strasburg Drive

Port Charlotte, Florida 33952

Anthony N. DeLuccia, Jr., Esquire David Pingree, Secretary Department of Health and Department of Health and

Rehabilitative Services Rehabilitative Services 8800 Cleveland Avenue, S. 1323 Winewood Boulevard Fort Myers, Florida 33907 Tallahassee, Florida 32301

Docket for Case No: 84-002679

Orders for Case No: 84-002679