STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ILENE R. BERSON, )

)

Petitioner, )

)

vs. ) Case No. 99-1810

) DEPARTMENT OF HEALTH, BOARD OF ) PSYCHOLOGY, )

)

Respondent. )

)

RECOMMENDED ORDER

On September 30, 1999, a formal administrative hearing in this case was held by videoteleconference in Tallahassee and Tampa, Florida, before William F. Quattlebaum, Administrative Law Judge, Division of Administrative Hearings.

APPEARANCES

For Petitioner: Betsy S. Singer, Esquire

Paul & Singer, P.A. First Union Center

100 South Ashley Drive, Suite 1720 Tampa, Florida 33602

For Respondent: Donna Erlich, Esquire

Office of the Attorney General Administrative Law Section The Capitol, Plaza Level 01

Tallahassee, Florida 32399-1050

STATEMENT OF THE ISSUE

The issue in this case is whether the Petitioner is eligible for licensure by examination, with waiver of the national examination, as a psychologist in the State of Florida.

Specifically the issues for determination are:

1. Whether the Petitioner has a Ph.D. in psychology from the University of Toledo, or received a doctoral-level psychological education as defined in Florida Statutes;

2. Whether the Petitioner's Ph.D. was obtained from a program comparable to an the American Psychological Association (APA) accredited program; and

3. Whether the Petitioner's internship met the requirements of experience in association with or under the supervision of a licensed psychologist as identified in Florida Statutes and the Florida Administrative Code.

PRELIMINARY STATEMENT

In June 1998, Ilene R. Berson (Petitioner) applied for licensure as a Florida psychologist by examination with waiver. On March 2, 1999, the Board of Psychology (Board) issued a Notice of Intention to Deny Application. The Petitioner requested a formal administrative hearing. The matter was forwarded to the Division of Administrative Hearings, which conducted the proceeding.

At the hearing, the Petitioner testified on her own behalf, and had exhibits identified as A-G, I, J and M-Z admitted into evidence. The Board presented the testimony of one witness and had exhibits numbered 1-10 admitted into evidence. Subsequent to the hearing, the Petitioner filed the deposition testimony of two

additional witnesses. The Respondent filed the rebuttal deposition testimony of one witness.

A Transcript of the hearing was filed. Both parties filed Proposed Recommended Orders.

FINDINGS OF FACT

1. Ilene R. Berson (Petitioner) received a Master of Education degree with a major in school psychology from the University of Toledo, in Toledo, Ohio, on or about August 25, 1990.

2. The Petitioner received a Ph.D. from the University of Toledo on or about June 14, 1997.

3. The doctoral program completed by the Petitioner at the University of Toledo was not accredited by the American Psychological Association (APA) at the time of her attendance, and remained unaccredited at the time of this hearing.

4. The APA does not accredit the Petitioner's doctoral internship program.

5. The Petitioner has not enrolled in any program to augment her education since the award of her Ph.D. in 1997.

6. In June 1998, the Petitioner applied for licensure as a Florida psychologist by examination with waiver. The Petitioner has taken and passed the EPPP exam, a national psychology licensure exam.

7. On or about March 2, 1999, the Board of Psychology (Board) issued a Notice of Intent to Deny Application for Licensure.

8. In order to be eligible for licensure as a psychologist in Florida, an applicant must have a doctoral-level degree in psychology or an appropriate equivalent.

9. The Petitioner does not have a Ph.D. in psychology.

   
   

10. According to the Petitioner's college transcript, the Petitioner earned a Ph.D. in Education with a major in "Guidance and Counselor Education."

11. According to the Petitioner's application for licensure as a psychologist, the Petitioner earned a Ph.D. in Guidance and Counseling Education with a school psychology concentration.

12. There is evidence that the University of Toledo doctoral program completed by the Petitioner awarded degrees in "school psychology" and in "counselor education." Letters from University officials suggest that, despite the transcript's identification of her degree, the Petitioner's degree is in school psychology.

13. Assuming that assertions related to the title of the Petitioner's degree are correct, the Petitioner has a Ph.D. in school psychology.

14. The award of degrees and licensure in school psychology and general psychology involve separate courses of study and differing types of practice.

15. Florida law provides for specific licensure of school psychologists.

16. The evidence fails to establish that the Petitioner has a Ph.D. in psychology.

17. Because the Petitioner's Ph.D. is not in psychology, the Petitioner must establish that she received a "doctoral- level" psychological education, as the term is defined by statute.

18. The applicable statutory definition requires that her degree be granted by an accredited institution, and that her education be provided through an accredited program.

19. The North Central Association of Colleges and Schools accredits the University of Toledo, an accrediting agency recognized and approved by the U.S. Department of Education.

20. The APA does not accredit the psychology program at the University of Toledo. The APA is the only agency recognized and approved by the U.S. Department of Education to accredit doctoral programs in psychology.

21. Because the University of Toledo does not have programmatic accreditation, the Petitioner must demonstrate that the psychology program at the University of Toledo is comparable to an APA-accredited program.

22. As part of her application, the Petitioner submitted a comparability letter from Dr. Janet Graden. Dr. Graden is the

    director of the APA-accredited doctoral program in school psychology at the University of Cincinnati.

23. Dr. Graden opined in her letter that based upon a review of the University of Toledo School Psychology Program Handbook and a review of the Petitioner's transcript, the Petitioner's doctoral program of study at the University of Toledo was comparable to the school psychology doctoral program at the University of Cincinnati.

24. A school psychology program is not the equivalent of a psychology program.

25. The Graden letter is insufficient to establish that the University of Toledo's psychology program is comparable to an APA-accredited psychology program.

26. The Petitioner also offered the deposition testimony of Dr. George Batsche and Dr. Thomas Oakland in support of the assertion that the University of Toledo program was comparable to an APA-accredited program. In response, the Board offered the deposition testimony of Dr. Russell Bauer. Based upon review of the deposition testimony, the testimony of Dr. Bauer is persuasive and is credited.

27. Dr. Oakland also submitted a comparability letter at the time of his post-hearing deposition. Dr. Oakland's letter states that he believes the Petitioner's "academic and professional experiences in conjunction with the . . . program from the University of Toledo together with her other

    professional experiences result in her being comparable to graduates of [Dr. Oakland's program at the University of Florida.]"

28. According to Dr. Oakland's curriculum vitae, he is currently the director of the school psychology program at the University of Florida.

29. Dr. Oakland's letter fails to establish that the doctoral program completed by the Petitioner is comparable to an APA-accredited program in psychology. Dr. Oakland's letter states only that the Petitioner is comparable to a graduate of the University of Florida program. The comparability of program graduates is not at issue in this proceeding.

30. The greater weight of the credible evidence establishes that the University of Toledo doctoral course of study completed by the Petitioner is not comparable to an APA-approved doctoral program in psychology.

31. Review of the Petitioner's transcript and course materials indicates that the coursework completed as part of the doctoral program at the University of Toledo is not comparable to an APA-approved psychology doctoral program.

32. Dr. Bauer testified as to the factors considered by the APA in determining whether a program meets the minimum requirements for accreditation. Dr. Bauer opined that the University of Toledo program would likely not meet the minimum requirements for APA accreditation.

33. Dr. Bauer reviewed the APA accreditation requirements and the University of Toledo doctoral program completed by the Petitioner. Dr. Bauer specifically addressed the coursework completed by the Petitioner as part of her doctoral program.

34. Dr. Bauer opined that the University of Toledo program is not comparable to an APA-accredited program. Dr. Bauer's testimony is credited.

35. Another requirement of Florida law for licensure as a psychologist is completion of appropriate internship and residency programs, each of at least 2,000 hours, for a total experience requirement of at least 4,000 hours.

36. The evidence fails to establish that the Petitioner has completed the appropriate experience requirement.

37. The evidence fails to establish that the Petitioner completed an appropriate 2,000-hour internship program.

38. The Petitioner's application for licensure indicates that she interned with Dr. Jerome Zake, Dr. Constance Dorr, and with the Toledo public school system from September 8, 1990 through August 30, 1992. The application indicates that the internship included one and one-half hours of clinical supervision per week, and "at least" one hour of individual clinical supervision per week, and states a total number of hours at 1,580.

39. The majority of the Petitioner's internship time was spent in a school setting: two elementary schools, a middle/high school, and a center for emotionally handicapped children.

40. The public school internship was not APA accredited.

    
    

41. The total number of hours of the Petitioner's internship is substantially less than 2,000.

42. According to Dr. Zake, his supervision of the Petitioner extended from September 8, 1990 to August 30, 1992. Dr. Zake's submission to the board states that the Petitioner worked for him for a total of 250 hours in addition to her public school work. Dr. Zake's supervision included weekly half-hour meetings with the Petitioner.

43. Dr. Zake indicates that all of the Petitioner's time was spent in evaluation, measurement and assessment of intellectual ability, aptitudes, or achievement that directly relates to learning or behavioral problems in an educational setting. Although the Petitioner disputes the information provided by Dr. Zake as to this point, there is no credible evidence to support her assertion that her work was other than as reported by Dr. Zake.

44. According to Dr. Dorr, her supervision of the Petitioner extended from August 1991 to June 1992 while the Petitioner interned with the Toledo public school system. Dr. Dorr's submission to the board states that the Petitioner worked for a total of 1,330 hours as a "school psychologist

    intern." Dr. Dorr's supervision included twice-weekly one-hour meetings with the Petitioner.

45. Dr. Dorr indicates that approximately one-half of the Petitioner's time was spent in evaluation, measurement and assessment of intellectual ability, aptitudes, or achievement that directly relates to learning or behavioral problems in an educational setting. Although the Petitioner disputes the information provided by Dr. Dorr as to this point, there is no credible evidence to support her assertion that her work was other than as reported by Dr. Dorr.

46. Dr. Dorr was the Petitioner's primary supervisor during the internship. Dr. Dorr is unlicensed, and is not a member of the University of Toledo faculty. Dr. Zake is a licensed psychologist in Ohio, and was an adjunct faculty member of the University of Toledo.

47. The evidence fails to establish that the Petitioner's internship complies with applicable requirements for licensure as a psychologist in Florida.

48. Another Florida requirement for licensure as a psychologist is a 2,000-hour post-doctoral residency experience.

49. In the license application, the Petitioner indicates that she worked as an "evaluator/therapist" from December 13, 1994 to June 16, 1998, with Psychology Associates of Mt. Pleasant, South Carolina, under the supervision of Dr. Lucia Horowitz.

50. The Petitioner received her Ph.D. in June 1997. Therefore, according to the information set forth on the application, a substantial portion of the Petitioner's residency was completed prior to receipt of her doctoral degree.

51. The application indicates that her position as an evaluator/therapist included 20 hours weekly for 156 weeks. The application states that her work included one hour of clinical supervision per week, and one hour of individual clinical supervision per week, and states the total numbers of hours at 3,120.

52. According to Dr. Horowitz, her supervision of the Petitioner extended from June 15, 1997 to June 19, 1998.

    Dr. Horowitz reports that the Petitioner completed supervised experience of at least 2,000 hours in the year of her residency, including at least 900 hours in service-related experience, at least two hours of clinical supervision per week, and at least one hour of individual supervision per week.

53. Dr. Horowitz identifies the location of the residency as "Psychology Associates of Mt. Pleasant" and "Lowcountry Children's Center."

54. According to the Horowitz submission, the Lowcountry Children's Center is located in Charleston, South Carolina.

55. The Petitioner's application for licensure does not identify the Lowcountry Children's Center as the site of a portion of her residency.

56. The evidence fails to establish that the Petitioner's residency meets the requirements of law applicable to application for licensure as a psychologist in Florida.

    CONCLUSIONS OF LAW

    
    

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

58. The Petitioner has the burden of establishing by a preponderance of the evidence that she is entitled to an examination eligibility determination for licensure as a Florida psychologist. Balino v. Department of Health and Rehabilitative Services, 348 So. 2d 349 (1st DCA 1977). Florida Department of Transportation v. JWC Company, Inc., 396 So. 2d 778 (Fla. 1st DCA 1981). In this case, the burden has not been met.

59. The Respondent is the agency charged with certification of applicants eligible for licensure as psychologists in the State of Florida. Chapter 490, Florida Statutes.

60. Section 490.005, Florida Statutes, provides as follows:

    
    

    490.005 Licensure by examination.--

    1. Any person desiring to be licensed as a psychologist shall apply to the department to take the licensure examination. The department shall license each applicant who the board certifies has:

       1. Completed the application form and remitted a nonrefundable application fee not to exceed $500 and an examination fee set by the board sufficient to cover the actual per applicant cost to the department for development, purchase, and administration of the examination, but not to exceed $500.

       2. Submitted proof satisfactory to the board that the applicant has:

          1. Received doctoral-level psychological education, as defined in s. 490.003(3);

          2. Received the equivalent of a doctoral- level psychological education, as defined in s.490.003(3), from a program at a school or university located outside the United States of America and Canada, which was officially recognized by the government of the country in which it is located as an institution or program to train students to practice professional psychology. The burden of establishing that the requirements of this provision have been met shall be upon the applicant;

          3. Received and submitted to the board, prior to July 1, 1999, certification of an augmented doctoral-level psychological education from the program director of a doctoral-level psychology program accredited by a programmatic agency recognized and approved by the United States Department of Education; or

          4. Received and submitted to the board, prior to August 31, 2001, certification of a doctoral-level program that at the time the applicant was enrolled and graduated maintained a standard of education and training comparable to the standard of training of programs accredited by a programmatic agency recognized and approved by the United States Department of Education. Such certification of comparability shall be provided by the program director of a doctoral-level psychology program accredited by a programmatic agency recognized and approved by the United States Department of Education.

       3. Had at least 2 years or 4,000 hours of

          experience in the field of psychology in association with or under the supervision of a licensed psychologist meeting the academic and experience requirements of this chapter or the equivalent as determined by the board. The experience requirement may be met by work performed on or off the premises of the supervising psychologist if the off-premises work is not the independent, private practice rendering of psychological services that does

          not have a psychologist as a member of the group actually rendering psychological services on the premises.

       4. Passed the examination. However, an applicant who has obtained a passing score, as established by the board by rule, on the psychology licensure examination designated by the board as the national licensure examination need only pass the Florida law and rules portion of the examination. (emphasis supplied)

61. Section 490.003(3)(a), Florida Statutes, defines a "doctoral-level psychological education" as follows:

    Prior to July 1, 1999, "doctoral-level psychological education" and "doctoral degree in psychology" mean a Psy.D., an Ed.D. in psychology, or a Ph.D. in psychology from:

    1. An educational institution which, at the time the applicant was enrolled and graduated, had institutional accreditation from an agency recognized and approved by the United States Department of Education or was recognized as a member in good standing with the Association of Universities and Colleges of Canada; and

    2. A psychology program within that educational institution which, at the time the applicant was enrolled and graduated, had programmatic accreditation from an accrediting agency recognized and approved by the United States Department of Education or was comparable to such programs.

       (b) Effective July 1, 1999, "doctoral-level psychological education" and "doctoral degree in psychology" mean a Psy.D., an Ed.D. in psychology, or a Ph.D. in psychology from:

       1. An educational institution which, at the time the applicant was enrolled and graduated, had institutional accreditation from an agency recognized and approved by the United States Department of Education or was recognized as a member in good standing with the Association of Universities and Colleges of Canada; and

       2. A psychology program within that educational institution which, at the time the applicant was enrolled and graduated, had

       programmatic accreditation from an agency recognized and approved by the United States Department of Education. (emphasis supplied)

       
       

62. Rule 64B19-11.0035(6), Florida Administrative Code, sets forth the extensive elements considered in determining whether a non-accredited doctoral program in psychology is comparable to an accredited program. Based on Dr. Russell Bauer's review of the Petitioner's application for licensure and supporting materials, and to the requirements set forth in the rule, Dr. Bauer opined that the University of Toledo program is not comparable to an APA-accredited program.

63. Dr. Bauer's testimony on this issue was persuasive and is credited.

64. Rule 64B19-11.005, Florida Administrative Code, sets forth the requirements for supervised experience established for candidates seeking licensure. Generally, the rule requires that an applicant complete 4,000 hours of supervised experience, including 2,000 hours in an internship and 2,000 hours in a post- doctoral residency.

65. The evidence fails to establish that the Petitioner completed a 2,000-hour supervised internship.

66. The evidence fails to establish that the Petitioner completed a 2,000-hour supervised post-doctoral residency.

67. The Petitioner asserts that her doctoral program in school psychology should qualify her for licensure as a

    psychologist. The evidence fails to support the Petitioner's assertion.

68. Although there is some evidence that on occasion, the Board has permitted a school psychologist to become licensed as a psychologist, such cases appear to be the exception to the rule.

69. Florida law distinguishes the practice of psychology from the practice of school psychology. Each type of practice is defined separately. The "practice of psychology" is defined at Section 490.003(4), Florida Statutes. The "practice of school psychology" is defined at Section 490.003(5), Florida Statutes. School psychologists in Florida are licensed under the provisions of Section 490.005(2), Florida Statutes, which provides as follows:

    1. Any person desiring to be licensed as a school psychologist shall apply to the department to take the licensure examination. The department shall license each applicant who the department certifies has:

       1. Satisfactorily completed the application form and submitted a nonrefundable application fee not to exceed $250 and an examination fee sufficient to cover the per applicant cost to the department for development, purchase, and administration of the examination, but not to exceed $250 as set by department rule.

       2. Submitted satisfactory proof to the department that the applicant:

    1. Has received a doctorate, specialist, or equivalent degree from a program primarily psychological in nature and has completed 60 semester hours or 90 quarter hours of graduate study, in areas related to school psychology as defined by rule of the department, from a college or university which at the time the applicant was enrolled and graduated was accredited by an

       accrediting agency recognized and approved by the Commission on Recognition of Postsecondary Accreditation or an institution which is publicly recognized as a member in good standing with the Association of Universities and Colleges of Canada.

    2. Has had a minimum of 3 years of experience in school psychology, 2 years of which must be supervised by an individual who is a licensed school psychologist or who has otherwise qualified as a school psychologist supervisor, by education and experience, as set forth by rule of the department. A doctoral internship may be applied toward the supervision requirement.

    3. Has passed an examination provided by the department. (emphasis supplied)

70. Although the Petitioner elicited testimony from witnesses generally discussing the nature of psychology, and although there are clearly overlapping types of practice, these issues are immaterial to this proceeding. Currently, Florida law clearly distinguishes the practice of "psychology" from the practice of "school psychology" and provides distinct requirements for licensure of each profession. The evidence in this case fails to establish that the Petitioner is entitled to licensure as a psychologist.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Board of Psychology enter a final order denying the Petitioner's application for licensure by examination as a psychologist in Florida.

DONE AND ENTERED this 16th day of February, 2000, in Tallahassee, Leon County, Florida.

WILLIAM F. QUATTLEBAUM

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675 SUNCOM 278-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 16th day of February, 2000.

COPIES FURNISHED:

Betsy S. Singer, Esquire Paul & Singer, P.A. First Union Center

100 South Ashley Drive, Suite 1720 Tampa, Florida 33602

Donna Erlich, Esquire

Office of the Attorney General Administrative Law Section

The Capitol, Plaza Level 01 Tallahassee, Florida 32399-1050

Angela T. Hall, Agency Clerk Department of Health

Bin A02

2020 Capital Circle, Southeast Tallahassee, Florida 32399-1701

Pete Peterson, General Counsel Department of Health

Bin A02

2020 Capital Circle, Southeast Tallahassee, Florida 32399-1701

Dr. Kaye Howerton, Executive Director Board of Psychology

Department of Health Northwood Centre

1940 North Monroe Street Tallahassee, Florida 32399-0750

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 must be filed with the agency that will issue the final order in this case.

Docket for Case No: 99-001810

Orders for Case No: 99-001810