)
RECOMMENDED ORDER
Notice was provided and on December 9, 1996, a formal hearing was held in this case. Authority for conducting the hearing is set forth in Sections 120.569 and .57, Florida Statutes (1996 Supp.). The hearing location was the Offices of the Division of Administrative Hearings, The DeSoto Building, 1230 Apalachee Parkway, Tallahassee, Florida. The hearing was conducted by Charles C. Adams, Administrative Law Judge.
APPEARANCES
For Petitioner: Julie Gallagher, Esquire
314 West Jefferson Street Post Office Box 10948 Tallahassee, Florida 32302
For Respondent: Ann Cocheu, Esquire
Department of Legal Affairs The Capitol Plaza Level 01
Tallahassee, Florida 32399-1050
STATEMENT OF ISSUE
Is Petitioner entitled to be licensed as a nutrition counselor consistent with Section 468.51(3), Florida Statutes (1995)?
PRELIMINARY STATEMENT
Petitioner applied to be licensed as a nutrition counselor in accordance with Section 468.51(3), Florida Statutes (1995). Respondent denied his request by proposed order dated March 18, 1996. Petitioner contested that preliminary decision through a petition for formal hearing dated April 15, 1996. Respondent forwarded the case to the Division of Administrative Hearings on August 30, 1996, for a formal hearing consistent with Section 120.57(1), Florida Statutes (1995). A formal hearing was conducted on the aforementioned date.
Petitioner testified in his own behalf. Respondent presented the testimony of Clara Lawhead, Chairperson for the Dietetics and Nutrition Practice Council. Ms. Lawhead was recognized as an expert in nutrition, nutrition counseling and nutrition education as it pertains to advice and counsel to clients. Joint Exhibit Nos. 1, 2, 3, 4, 5, 5A, 7 and 8 were admitted. In addition the deposition testimony of Dr. Bruce Rappaport taken on December 24, 1996, was admitted in support of Petitioner's case.
The parties have submitted proposed recommended orders.
Those proposals have been considered in preparing the recommended order.
FINDINGS OF FACT
On June 6, 1995, Petitioner made application with the Dietetics and Nutrition Practice Council to be certified as qualified to act as a nutrition counselor in Florida pursuant to Section 468.51(3), Florida Statutes (1995).
On November 14, 1995, Petitioner appeared before the Dietetics and Nutrition Council to support his application. He was questioned by members of the council and requested to provide additional information to support the application.
An order was entered on December 18, 1995 by Catherine Christie, Ph.D., R.D., council chair, continuing consideration of Petitioner's application to become a licensed nutrition counselor to allow Petitioner to supplement the application. The order described the council's expectations concerning the nature of the supplementary information.
Supplemental information was provided by Petitioner to assist the council in its application review. The supplemental information was considered on February 26, 1996, when the council met. Council members voted to deny the application.
On March 18, 1996, a proposed order was entered by the then vice-chair for the council, Clara Lawhead, M.S., R.D., denying the applications and stating the reasons for the denial.
The proposed order created the opportunity for the Petitioner to contest the preliminary decision to deny his application for a license to practice as a nutrition counselor. Petitioner took advantage of the opportunity to contest the preliminary decision by filing a petition for formal hearing on April 15, 1996. The hearing ensued.
At present Petitioner manages SIDDAH International Import and Export which deals in fragrance products imported for different industries, health food stores, book stores and gift stores. Petitioner has been involved with that business for twenty years. The business is a corporation. Petitioner is the sole shareholder in the corporation.
At one time the corporation owned a store in Gainesville, Florida, the Crystal Forrest, which was sold in 1992. While the corporation owned the Crystal Forrest, the corporation marketed the store as a natural gift store. The store sold natural fiber clothing, rocks and crystals, herbs and vitamins, and jewelry.
During the period when the store was owned by the corporation, Petitioner was employed in the store.
Petitioner holds a massage therapy license issued by the State of Florida, but he does not currently practice massage therapy.
Petitioner graduated from Coral Gables High School in Coral Gables, Florida, in 1966. He graduated from New College in
Sarasota, Florida, in 1973 with a degree in psychology.
While in college Petitioner took a course in human nutrition from a Dr. John Culbertson, who specialized in nutrition and physiology.
Petitioner received a masters degree in somatic psychology and the relationship between mind and body from Goddard College in Plainfield, Vermont, in 1976.
Petitioner is not presently licensed to practice psychology and has not practiced psychology in the past.
Petitioner prepared papers in his undergraduate study related to the relationship of nutrition, psychology and psychiatry.
While undergoing his undergraduate training and working with Dr. Culbertson Petitioner assisted Dr. Culbertson in teaching a course called "The Integrated Body". In that course Dr. Culbertson taught nutrition and physiology. Petitioner taught body-mind related subjects. They used Robert Simeon's book on psychosomatic illness in teaching this course. Dr. Culbertson's wife taught anatomy and physiology in the course.
Petitioner's graduate degree was obtained through an external degree program accredited by the Northeastern Association of Colleges. While completing his graduate studies Petitioner worked under the supervision of Dr. Dale Townsend from New College involving persons being assisted through the counseling program at New College. Other unnamed professors were
responsible for Petitioner's work in art therapy and counseling while obtaining his graduate degree.
Petitioner was involved with studies in orthomolecular nutrition when he was a graduate student.
The orthomolecular nutrition studies which Petitioner pursued in his graduate work focused on how normal human physiology can affect the mind and, once affected, how supplementing the physiology with nutrients can help to heal the mind.
Before obtaining his graduate degree Petitioner had worked as a drug abuse counselor while working to obtain the graduate degree. Petitioner worked in that capacity from 1973 until 1976.
In 1976 Petitioner began work with Dr. Bruce Pacetti, a dentist then practicing in Sarasota, Florida. Dr. Pacetti was emphasizing nutrition in treating his patients.
Together Petitioner and Dr. Pacetti conducted seminars through Associates for Growth, Inc. The topics for the seminars related to nutritional awareness for optimum health and cooking natural food to improve health.
Petitioner explains that the purpose of the nutrition seminars was to educate the public about the values of good nutrition and vitamin supplementation and to dispel myths about nutrition. Petitioner organized the seminars and was one of the speakers. Dr. Pacetti spoke at the seminars, as did also a Ph.D.
psychologist. The Ph.D. Psychologist spoke to help motivate people to change their diet habits.
Petitioner obtained some referrals from the seminars which led to private nutritional counseling being performed by Petitioner. The details concerning those nutritional counseling sessions were not explained in the hearing.
As described in a memorandum directed to the council, Dr. Pacetti recalls that Petitioner worked with Dr. Pacetti running the seminars in 1976 and served as a nutritional assistant in relation to Dr. Pacetti's post as clinician at the Melvin Page, D.D.S. Clinic, St. Petersburg, Florida, in the period 1976-1977. At the clinic, Dr. Pacetti relates that he directly supervised Petitioner, and that Petitioner gathered diet histories from patients, did morphological measurements, charted blood work and advised patients as to diet and use of supplements. Dr. Pacetti writes that Petitioner, as a staff nutritional assistant, received a salary for full time employment. Dr. Pacetti indicates in the correspondence that the Melvin Page Clinic received fees to include Dr. Pacetti's fees and those related to Petitioner's services. Dr. Pacetti in his correspondence indicates that Petitioner was included under his and the clinic's malpractice insurance. Finally, Dr. Pacetti writes to recommend Petitioner as a person careful in his research and dedicated to improving the diets of American
citizens, expressing the belief that Petitioner should be licensed as a nutritionist in Florida.
The details concerning the nature of the diet histories from patients, the meaning of morphological measurements, explanations about charting of blood work and advice to patients as to diet and supplements were not contained in the Pacetti memorandum.
The work which Petitioner did while associated with Dr. Pacetti in the St. Petersburg dental office involved meeting people and going over their diets and supplements and making recommendations.
In his role with the Page Dental Clinic Petitioner used blood work that had been done on the patients at the clinic for purposes of charting the calcium level of the patients. This information was correlated to improve the patient's dental health. Petitioner was involved with the measurement of the patient's arms and legs. Petitioner would meet with the patient and go over a specific diet that had been recommended by Dr. Page. The diet recommended the elimination of a lot of refined sugar and sweets from the patient's eating habits. In connection with the elimination of refined sugar, an explanation was made to the patient about how the patient would undertake the tasks of eliminating those items from the diet and how the patient could be motivated to adhere to the Page diet. Petitioner would go over the supplements that the patient was expected to take in
this program. Usually there was a specific regime of supplements that each person was given. Often, Petitioner would develop supplementation recommendations for the patient and review those with Dr. Pacetti before advising the patient to take the supplements.
When working for Dr. Pacetti, Petitioner might hand reports of blood work to Dr. Pacetti and Dr. Pacetti might tell Petitioner to write up what Petitioner thought the person should have by way of supplementation. Petitioner would write up the suggested supplementation to be given back to Dr. Pacetti for approval. If the supplement was approved Petitioner might meet with the patient and go over the Page Clinic diet which was low in refined carbohydrates, as a means to avoid tooth decay.
Petitioner recalls that while working with Dr. Pacetti at the Page Clinic he was paid a salary of $150.00 a week.
In 1977, Petitioner moved to Gainesville, Florida, and was attending school and working for Bruce Rappaport, D.C., in the Bruce Rappaport Chiropractic Clinic. Petitioner's position with the clinic was as a clinic nutritionist. In that capacity, Dr. Rappaport would refer patients to Petitioner. Petitioner would evaluate the patient's diet histories and work out specific diet recommendations. Petitioner would go over supplements with the patients and recommend that the patients take the supplements. Dr. Rappaport had supplements available for sale in the chiropractic office or the patients could buy those
supplements from a health food store. Petitioner worked for Dr. Rappaport for approximately two years, ending in 1979.
As described in a deposition given on December 24, 1996, and through correspondence dated September 18, 1995 and January 17, 1996, Dr. Rappaport outlines Petitioner's employment in Dr. Rappaport's chiropractic office.
Dr. Rappaport recalls that Petitioner evaluated the diet histories of patients and helped the patients keep a diet log. Dr. Rappaport recalls that Petitioner recommended that patients change their diet. Dr. Rappaport recalls that Petitioner recommended that patients take nutritional supplements. He recalls that Petitioner helped Dr. Rappaport's office keep track of the supplements that had been supplied through the chiropractic office. Dr. Rappaport recalls that Petitioner made referrals to the doctor for further musculoskeletal problems that had been reported to Petitioner by the patients.
As Dr. Rappaport establishes it, Petitioner was in Dr. Rappaport's office several times weekly performing his tasks.
As Dr. Rappaport recalls, Petitioner would consult with him concerning recommendations that patients change their diets.
Dr. Rappaport recalls that Petitioner was paid directly for evaluating the patients.
In the instance where a patient would be seen by Dr. Rappaport, the diet history that was taken would be associated
with having the patient keep track, for Petitioner's benefit, of those things that were eaten over a period of three to seven days. Petitioner would look at what the patient's diet consisted of and would ask the patient to list all supplements being taken by the patient, and if caffeine and drugs were being used.
Follow-up questions were directed to the patient. For example, did the patient feel more tired in the morning, after breakfast or do you feel more tired in the evening? No equipment would be involved in this consultation in Dr. Rappaport's office that was conducted by Petitioner. The Petitioner did not take the height and weight of the patient, but might ask the patient to give his or her height and weight. Petitioner kept a patient file in a manila folder with the diet history and notes of what had been discussed in the interview. The patient would be asked about the specific complaint that he or she had and what medicines were being taken by the patient. The patient would be asked why he or she was there to see Dr. Rappaport. The patient would be asked what was going on in the patient's life in terms of stress. The counseling session would take 30 to 60 minutes and, on occasion, longer. Petitioner would conduct 5 to 8 sessions a day when at Dr. Rappaport's office. Each individual patient would be seen three to four times over a six week period.
In 1979, Petitioner returned to Sarasota, Florida, where he remained for about four years. During that period Petitioner conducted a full time massage practice and, depending
on the patient, would let the patient know that Petitioner was available to do nutritional consultation. Approximately one out of five persons who received massage therapy would opt for nutritional counseling sessions for which Petitioner received a separate fee.
In 1983 Petitioner returned to Gainesville, Florida, and began devoting considerable time to the management of the SIDDAH Corporation.
Commencing in 1983 while working in the Crystal Forrest store Petitioner was responsible for the supervision of telemarketing products sold by the store and a warehouse associated with the business. The store had a manager and one or two employees. The warehouse had a manager in charge of stocking products. Petitioner decided upon the mix of products sold in the store, the presentation of those products and the advertising associated with the products.
Petitioner would consult with store clientele concerning nutritional products sold. The consultation was on the basis of referrals from store employees. There was a loft above that store where Petitioner spoke with store customers concerning the nutritional products sold for the most part. Petitioner charged a fee for these consultations which was placed in the cash register for the store under the category "miscellaneous". Petitioner received an overall salary for his
work with the corporation, to include all duties for the corporation.
While employed by the corporation from 1983 through approximately April 1, 1988, Petitioner devoted 5 to 10 percent of his time to the process of consulting with customers concerning the nutritional products. Petitioner spent from 2 to
4 hours a week dealing with that issue. This entailed a discussion of what Petitioner refers to as a "state of wellness". The customers were interested in specific herbs or vitamins and having assistance in "fine tuning" their diets and accomplishing specific goals. Petitioner would refer customers to professionals in the instance where the customers were "doing not so well". Petitioner gave advice on how to use a nutritional supplements being purchased. For example, he would consult with a person who was a runner about the runner's desire to increase strength or to receive help in maintaining endurance. No records were maintained concerning these consultations. This work was different from the responsibilities which Petitioner had when working for Dr. Rappaport. The difference was that Dr. Rappaport's clinic dealt with people with problems that were sometimes serious. In that setting, Petitioner was working with Dr. Rappaport. Petitioner described the persons he saw in the store as not in ill health, but not in great health either, who were interested in improving their health by using the supplements sold by the store. Therefore, the consultation was
with a different kind of client through a different form of consultation. In the store Petitioner worked alone, not in conjunction with a health care professional.
When seeing customers at the Crystal Forrest Petitioner would ask the customer about the customer's interest in a particular supplement being sold or what the customer's specific goals were, "health wise." The Petitioner and the customer would discuss the customer's concept of what the customer and what Petitioner thought was available for them in the store and what Petitioner thought was available for them in their diets that might be changed; or in some instances, Petitioner might recommend certain kinds of exercise. Petitioner would try to match the appropriate supplements to meet the life style of the customer.
When consulting persons at the Crystal Forrest Petitioner might suggest changes to supplements that were being used by the customer.
With the advent of Part X, Dietetics and Nutrition Practice, Chapter 468, Florida Statutes, enacted in 1988, Petitioner did not feel that he was doing enough work in the nutrition field to get involved with that field. Therefore, after April 1, 1988, Petitioner did not see people individually for consultation concerning client nutrition practices. After that time Petitioner would refer persons who needed assistance concerning nutrition to the Chance Chiropractic Clinic.
One person whom Petitioner had seen and consulted with concerning nutrition was Brooke Domke. He had seen Ms. Domke in Dr. Rappaport's office when Ms. Domke was a minor. Ms. Domke continued to check with Petitioner throughout her young adulthood.
Ms. Domke had been brought to Dr. Rappaport's office because of problems with asthma. On that occasion Petitioner recommended vitamin C, vitamin A and that Ms. Domke be taken off milk products. Beyond this circumstance Petitioner kept in touch with Ms. Domke through April, 1, 1988.
As Ms. Domke describes, Petitioner asked her to keep a record of her diet and to use less refined sweets as well as using vitamins C and A and reducing dairy products. In correspondence, Ms. Domke states that she consulted with Petitioner until April 1, 1988, at the Crystal Forrest store where Petitioner sold gifts, body care items and supplements. Over time Petitioner would recommend different forms of vitamin C as they became available, as example, calcium ascorbate. The charge for consultation, as Ms. Domke recalls, was $25.00 or less.
Another person whom Petitioner saw and consulted with concerning nutrition was Judy Taylor. She consulted with Petitioner concerning her general health in March 1988. In this consultation, as described in correspondence by Ms. Taylor, Petitioner inquired about her diet and health history and
suggested a preventative health care program of high protein and low refined carbohydrates. Further, Petitioner suggested a multiple vitamin/mineral supplement, calcium ascorbate and extra calcium supplementation in view of the existence of osteoporosis in her family. According to the correspondence from Ms. Taylor, Petitioner charged $25.00 or less for his consultations.
Other correspondence concerning consultation with Petitioner on nutrition subjects is from Elsie Clay, whom Petitioner saw starting in 1980 in Sarasota, Florida. As Ms. Clay explains, because her doctors had been concerned about osteoporosis, Petitioner recommended calcium supplementation and vitamin C and asked her to keep a record of her diet and recommended more dairy products and less refined sweets. Ms. Clay continued to consult with Petitioner until 1988 at the Crystal Forrest. In her correspondence Ms. Clay indicates that Petitioner recommended different forms of calcium as they became available, such as chelated calcium, and non-acidic forms of vitamin C, such as calcium ascorbate. As Petitioner explains, beyond the time at which he saw Ms. Clay in Sarasota, Ms. Clay would come to Gainesville occasionally and be seen by him.
N. Franklin Walters, CPA, PA, is an accountant in Gainesville, Florida, who as of September 21, 1995, had done tax returns for the SIDDAH Corporations in recent years. Mr. Walters identifies SIDDAH as a Florida corporation since 1980, with Petitioner as its sole stockholder. Petitioner is one of several
paid employees in the corporation. Mr. Walters identifies the fact that the business opened a store in 1983 in Gainesville, Florida, and kept the store until October 1992, when the retail store was sold. This refers to the Crystal Forrest. Mr. Walters sets out that the Crystal Forrest sold gifts, body care items, herbs, vitamins and books relating to the aforementioned items.
Mr. Walters recounts that Petitioner's duties in the store included overseeing the day manager, participating in purchasing, assisting special customers, and until April 1, 1988, offering nutritional advice to customers pertaining to herbs and vitamins carried by the store. After that time, according to Mr. Walters, Petitioner did not specifically recommend items or counsel customers on dietary supplements for a fee.
After April 1, 1988, Petitioner has continued doing business in the health food industry. For that reason he obtains a lot of trade journals which have information about health care products, vitamins and minerals. Petitioner has read journals and books and researched articles from various nutritional organizations concerning the topic of nutrition. He also has access to med-line which medical doctors use to research different subjects. With the application is found a list of reference books, magazines and journals which Petitioner had read during the time in which his application was under consideration. That list is found within Joint Exhibit No. 1.
With the application is included a letter dated January
16, 1996, from Robin S. Larson, DMD, PA, who practices family dentistry in Gainesville, Florida. She makes reference to information obtained from Petitioner about a sublingual vitamin C test used specifically by dentists. She relates that Petitioner ordered that test and trained her office personnel to administer it. This allowed Dr. Larson to gauge vitamin C tissue concentration in patients with gum problems. As related by Dr.
Larson, Petitioner also provided information to her concerning research articles on vitamin C and gum disease.
Included with the application is correspondence of January 9, 1996, from Bruce J. Rogers, M.D., who specializes in internal medicine and endocrinology in Gainesville, Florida. In his correspondence Dr. Rogers relates that Petitioner on several occasions has spoken to Dr. Rogers concerning nutritional issues and qualities of nutritional supplements. Dr. Rogers notes that Petitioner is well-read on the current research and subjects that Dr. Rogers has asked Petitioner about. In Dr. Rogers' view Petitioner has adequate understanding of biochemistry to deal with nutritional counseling. In particular, the subjects that have been discussed in greater detail between Dr. Rogers and Petitioner, and for which Petitioner has brought Dr. Rogers copies of current research articles include: (1) Trace Minerals Absorption Throughout the Blood-Brain Barrier (2) Qualities of Melatonin Tablets, including dosages and time-released availability, and macro-molecular absorption in the GI tract.
Petitioner had sought the assistance of Elias Sarkis, M.D., a psychiatrist practicing in Gainesville, Florida, in child adolescent and general psychiatry, concerning his desire to submit a grant to the Alternative Medicine Council at the National Institute of Health. With this application is April 7, 1995, correspondence from Dr. Sarkis remarking that Petitioner is doing interesting in-depth reading in nutrition and its interface with psychiatry; that Dr. Sarkis has read the Letter of Intent by Petitioner to the National Institute of Health, Alternative Medicine Division and that Dr. Sarkis finds the letter of intent to be insightful and worth pursuing. Dr. Sarkis writes that he agrees to serve as an advisor for the grant, should the application be approved by the National Institute of Health. Dr. Sarkis also recommends Petitioner as a practicing nutritionist "given his previous experience". Dr. Sarkis does not explain what is meant by Petitioner's previous experience as related in 4the correspondence.
Petitioner perceives that dietitians are highly trained to work with specific disease states and with institutional diets. He perceives that persons who have been nutritionists or worked in the health food industry have specifically focused on supplements and minerals more so than diets. Petitioner desires to be a nutrition counselor, not a dietitian.
Ms. Lawhead is the nutrition director for the Pasco County Public Health Department in Pasco County, Florida. She
has worked in public health for 25 years and in Pasco County since 1979. She has a baccalaureate degree from the University of Florida in clinical and community dietetics and a masters degree in human nutrition from Florida State University. She is currently undertaking post-graduate work toward a doctorate at the College of Public Health in the University of South Florida in the field of public health. She holds a number of certifications and registrations in the field of dietetics. As described, Ms. Lawhead was recognized as an expert in nutrition, nutrition counseling and nutrition education related to informing the public concerning nutrition.
As it pertains to Petitioner's application to be licensed pursuant to Section 468.51(3), Florida Statutes, to practice as a nutrition counselor, Ms. Lawhead describes that level of activity which Petitioner must demonstrate to constitute nutrition counseling previous to and on April 1, 1988. This involves the full gamut of knowledge of individual patients, the patient's history, the patient's cultural background, other medical devices, drugs, treatments that the patient is undergoing, family history of the patient, height, weight and any available blood work, as well as explanation of a dietary supplement(s) and its use. Ms. Lawhead's opinion concerning the minimum requirements for nutrition counseling is credited.
Petitioner was employed as a practitioner of nutrition counseling during the time that he worked for Drs. Pacetti and
Rappaport. At no other time was Petitioner employed as a practitioner of nutrition counseling previous to April 1, 1988, nor was he employed as a practitioner of nutrition counseling on April 1, 1988.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the subject matter and the parties in accordance with Sections 120.569 and 120.57, Florida Statutes (1996 Supp.).
Petitioner has requested certification by the Board of Medicine that he is qualified to practice nutrition counseling in Florida consistent with Section 468.51(3), Florida Statutes (1995). He must prove his entitlement to licensure by a preponderance of evidence. See Balino v. Department of Health and Rehabilitative Services, 348 So.2d 349 (Fla. 1stDCA 1977).
He has failed in that proof.
Section 468.51(3), Florida Statutes (1995) states:
The Board shall certify as qualified any applicant who documents that the applicant was employed as a practitioner of nutrition counseling previous to and on April 1, 1988.
Section 468.503(1), Florida Statutes (1995) defines "Board" to mean the Board of Medicine.
Section 468.503(8), Florida Statutes (1995) defines "nutrition assessment" as:
The evaluation of the nutrition needs of individuals or groups, using appropriate data to determine nutrient needs or status and make appropriate nutrition recommendations.
Section 468.503(9), Florida Statutes (1995) defines "nutrition counseling" as:
Advising and assisting individuals or groups on appropriate nutrition intake by integrating information from the nutrition assessment.
To further understand what it means to perform a nutrition assessment as a means to engage in nutrition counseling previous to and on April 1, 1988, Ms. Lawhead's comments concerning the performance of nutrition counseling described in the fact-finding are also used.
No deference is paid Rule 59R-44.001, Florida Administrative Code, as it defines the prevailing practice in nutrition assessment, or Rule 59R-43.002, Florida Administrative Code, as it defines the prevailing practice in nutrition counseling, subsequent to April 1, 1988. Those provisions have no relevance to those persons who seek certification under the "grandfathering" provisions set out in Section 468.51(3), Florida Statutes (1995), as that section describes the practice of nutrition counseling previous to and on April 1, 1988. The definitions set forth in Section 468.503(8) and (9), Florida Statutes (1995) have pertinence since the advent of the
opportunity for applicants to request certification based upon their employment as a practitioner of nutrition counseling previous to and on April 1, 1988, upon the effective date of the "grandfathering clause". For that reason the statutory definitions of nutrition assessment and nutrition counseling but not the rules would relate to Petitioner's request for licensure.
Under those terms, Petitioner was employed as a practitioner of nutrition counseling while working for Drs. Pacetti and Rappaport at a time previous to April 1, 1988. He was not employed as a practitioner of nutrition counseling on any other dates, to include April 1, 1988. Therefore, he is not entitled to be certified as qualified by the Board to practice nutrition counseling.
Based upon the findings of fact and the conclusions of law, it is,
That a Final Order be entered denying Petitioner's certification to practice nutrition counseling in Florida.
Administrative Law Judge
Division of Administrative Hearings The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
(904) 488-9675 SUNCOM 278-9675
Fax Filing (904) 921-6847
Filed with the Clerk of the Division of Administrative Hearings this 21st day of February, 1997.
Julie Gallagher, Esquire Post Office Box 10948 Tallahassee, FL 32302
Ann Cocheu, Esquire Department of Legal Affairs The Capitol PL-01 Tallahassee, FL 32399-1050
Marm Harris, Executive Director Agency for Health Care
Administration, Board of Medicine 1940 North Monroe Street Tallahassee, FL 32399-0192
Jerome W. Hoffman, General Counsel Agency for Health Care Administration 2727 Mahan Drive
Tallahassee, FL 32309
NOTICE OF RIGHT TO SUBMIT EXCEPTIONS
All parties have the right to submit written exceptions within 15 days from the date of this recommended order. Any exceptions to this recommended order should be filed with the agency that will issue the final order in this case.
| Issue Date | Proceedings |
|---|---|
| Feb. 21, 1997 | Recommended Order sent out. CASE CLOSED. Hearing held December 9, 1996. |
| Feb. 14, 1997 | Respondent`s Proposed Recommended Order filed. |
| Feb. 14, 1997 | Petitioner`s Proposed Recommended Order filed. |
| Feb. 04, 1997 | Notice of Filing; (1 Volume) DOAH Court Reporter Final Hearing Transcript filed. |
| Jan. 09, 1997 | Telephonic Deposition of: Dr. Bruce Rappaport filed. |
| Jan. 08, 1997 | Letter to CCA from J. Gallagher Re: Depositions; Board of Medicine Dietetics and Nutrition Practice Council *Application Materials* for Dietician/Nutritionist Licensure Revised March 1995 filed. |
| Dec. 20, 1996 | Letter to CCA from J. Gallagher Re: Delay of taking depositions filed. |
| Dec. 09, 1996 | CASE STATUS: Hearing Held. |
| Nov. 18, 1996 | Notice of Respondent`s Service of Answers to Petitioner`s Interrogatories filed. |
| Nov. 14, 1996 | Respondent`s Response to Request for Production of Documents filed. |
| Nov. 08, 1996 | Order sent out. (responses for request for production & interrogatories propounded by Petitioner to be provided by 11/18/96) |
| Oct. 23, 1996 | Petitioner`s Notice of Filing Request for Production and First Interrogatories to Respondent filed. |
| Oct. 23, 1996 | Petitioner`s Motion to Expedite Discovery; Petitioner`s First Interrogatories to Respondent; Petitioner`s Request for Production of Documents filed. |
| Sep. 26, 1996 | Notice of Hearing sent out. (hearing set for 12/9/96; 9:00am; Tallahassee) |
| Sep. 23, 1996 | Joint Response to Initial Order filed. |
| Sep. 11, 1996 | Initial Order issued. |
| Sep. 03, 1996 | Agency referral letter; Petition for Formal Hearing; (Agency) Order filed. |
| Issue Date | Document | Summary |
|---|---|---|
| Feb. 21, 1997 | Recommended Order | Prior experience not sufficient to prove entitlement to licensure by grandfather clause. |
