62% RECEIVED MAY 09 2005 STATE OF FLORIDA aN OATH BOARD OF CLINICAL LABORATORY PERSONNEL DEPARTMENT OF HEALTH, Petitioner, , ; 0 lo O Y5 DPC vs. CASE NO. 2003-19638 MARIA RIVERA, Respondent. ADMINISTRATIVE COMPLAINT COMES NOW Petitioner, Department of Health (hereinafter “Petitioner’), by and through its undersigned attorneys, and files its Administrative Complaint against Respondent, MARIA RIVERA, (hereinafter “Respondent”) and alleges: NATURE OF THE ACTION 1. This is an action to impose administrative penalties and assess costs related to the investigation and prosecution of the allegations against Respondent pursuant to Sections 456.072(1)(h) and 483.825(1 la), Florida Statutes. JURISDICTION AND VENUE 2. The Board of Clinical ‘Laboratory Personnel has jurisdiction pursuant to Sections 120.569 and 120.5, Florida Statutes. 3. Venue shall be determined pursuant to Rule 28-106.207, Florida Administrative Code.. PARTIES 4. Effective July 1, 1997, Petitioner is the state agency charged with egulating the practice of laboratory technician pursuant to Section 20.43, Florida Statutes, and Chapters 456 and 483, Part III, Florida Statutes. 5. At all. times material hereto Respondent has been. licensed as a technician, having been issued license number TC 36988 on May 17, 2001. 6. Respondent's last known address is 874 Lake Road, Monticello, Florida 32344, COUNT 7. On May 17, 2001, the Department of Health, Board of Clinical Laboratory Personnel (the Board) issued Respondent a Technician license in the specialty area of Histology. This license was issued in error, as Respondent has never passed a state or national examination for licensure as a histotechnician or as a technician in any other specialty area for licensure under Part ill, Chapter 483, Florida Statutes. 8. Respondent maintains she has a_ valid license “by endorsement”, as indicated in the Department's letter of May 17, 2001. (Exhibit 1) (All exhibits attached to this Administrative Complaint are made a part hereof.) Petitioner neglects to acknowledge that in her application and cover letter she checked off and paid the fee for licensure by examination. She did not check off licensure by endorsement. (Exhibit 2) Moreover, as indicated on her application form, even licensure by endorsement requires having taken and passed or be scheduled to take the national histology technician or histology technologist exam, When Respondent applied for licensure’ in May 2001, Florida Administrative Code Rule 64B3-7. 001(8)(c c) (April 10, 2001), required for licensure as a technician with a specialty in histology passage of the state histotechnician examination or the histotechnician examination administered by the American Society of Clinical Pathologists (ASCP). “(Exhibit 3) (Current administrative code rules require certification by ASCP, which requires passage of the ASCP histotechnician exam. There is no state histotechnician exam.) 9, ASCP has confiimed the Respondent took their histotechnician examination in 1999, but did not pass and is not certified by the ASCP Board of Registry. At no time did Respondent take and pass the state histotechnician examination. ) 10. When the Department discovered it had issued Respondent’ s license in error, the Board’s Executive Director, Joe Baker, Jr., allowed Respondent to take the ASCP histotechnician examination again on May 28, 2003. Respondent again failed the histotechnician examination. 11. On June 30, 2003, the Board office mailed Respondent a letter requesting that she return by July 31, 2003, the Technician license that was issued in error to her. (Exhibit 4) Respondent did not return the license that was erroneously issued to her as requested by the Board office. | 12. Section 483.825(1)(a) of the Florida Statutes, provides that the “following acts constitute grounds for denial of a license or disciplinary action, as specified in Section 456.072(2): Attempting to obtain, obtaining, or renewing a license or registration under this part by bribery, by fraudulent misrepresentation, or through an error of the department or the Board.” Section 456.072(1)(h), provide the same grounds for disciplinary action. 13. Respondent violated Sections 456.072(1)(h) and 483.825(1)(a) of the Florida Statutes by obtaining a technician's license by error of the Department of Health, ‘Board of Clinical Laboratory Personnel, and by refusing to return the license despite demand by the Department, as Respondent is not qualified to possess a technician's license as she failed to take and pass either the state or the ASCP histotechnician’s exam; therefore, Respondent's license is subject to discipline by the Board. 14. Each day after July 31, 2003, that Respondent has failed to surrender her license constitutes a separate violation of Sections 456.072(1)(h) and 483.825(1)(a), Florida Statutes. Accordingly, the appropriate maximum penalty is a $10,000 fine and revocation of Respondent's license. (Fla. Administrative Code R. 64B3-12.001(2)(a)(2)) . CLAIM FOR RELIEF WHEREFORE, Petitioner respectfully requests the BOARD OF CLINICAL . LABORATORY PERSONNEL to enter an order imposing one or more of the following penalties pursuant to Sections 456.072 and 483.825, Florida Statutes and Rul 64B3- 12.001, Florida Administrative Code, and assess the cost and fees of this disciplinary proceeding and related investigation: a. Revocation or suspension of Respondent's license; b. Restriction of Respondent's license; c. An administrative fine; d. Probation; e. Such other penalty allowed by law that the Board deems appropriate. Dated this G _ day of May 2005, Respectfully submitted, FILED THOMAS D. KOCH pera ATH Deputy General Counsel Department of Health CLERK NI soothe Colman Office of the General Counsel! fe 4052 Bald Cypress Way, Bin #A-02 DATE_S~@~O5 _ Tallahassee, Florida 32399-1703 Telephone: (850) 245-4005 FBN: 375926 - PCP: Donahue/Goldberg Date: 1/24/05 NOTICE OF HEARING RIGHTS AND ASSESSMENT OF COSTS RESPONDENT IS HEREBY NOTIFIED THAT HE/SHE HAS THE RIGHT TO REQUEST AN ADMINISTRATIVE HEARING PURSUANT TO SECTIONS 120.569 AND 120.57, FLORIDA STATUTES. SPECIFIC OPTIONS FOR ADMINISTRATIVE ACTION ARE SET OUT IN THE ATTACHED EXPLANATION OF RIGHTS. ALL REQUESTS FOR HEARING MUST BE MADE WITHIN 24 DAYS OF RECEIPT AND SENT TO THOMAS D. KOCH, DEPUTY GENERAL COUNSEL, DEPARTMENT OF HEALTH, OFFICE OF THE GENERAL COUNSEL, 4052 BALD CYPRESS WAY, BIN #A-02, TALLAHASSEE, FLORIDA 32399-1703. : -RESPONDENT IS PLACED ON NOTICE THAT PETITIONER HAS INCURRED COSTS RELATED TO THE INVESTIGATION AND PROSECUTION OF THIS MATTER. PURSUANT TO SECTION 456.072(4), FLORIDA STATUTES, THE BOARD SHALL ASSESS COSTS RELATED TO THE INVESTIGATION AND PROSECUTION OF A DISCIPLINARY MATTER, WHICH MAY INCLUDE ATTORNEY HOURS AND COSTS, ON THE RESPONDENT IN ADDITION TO ANY OTHER DISCIPLINE IMPOSED. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy has been served by certified mail this _G_ day of May 2005, to: MARIA RIVERA, 874 Lake Road, Monticello, Florida 32344. THOMAS D. KOCH Deputy General Counsel FLORIDA DEPARTMENT OF ) HEALTH ° May 17, 200! Maria Rivera Route 4. Box 40180 Monticello, FL 32344 Dear Ms. Rivera: Your application for licensure by endorsemeni has been appreved and you have been licensed as a Technician. Your license number (TC 36988) allows you to work in the specialty of: Histology ws. In the meantine. this letter This letter expires 06/30/2002. . Se La Neue Y Mariarose Wrighs. Regulatory Supervisor Sincer DATA Ptaase type g Ga Sociat Security Numt 3. We are required | Guidelines on Empl CE rr and reporting pu RACE LL FOR OFFICE stant, PRAES FILE & ExAl on ZACT e EXAM C XACT | EN aste ! " Supers ine 1, APPUCATION CATEGORY Jirvvuteen atlemen; |__PLEASE PRONT OR TYPE DA APPLICATION HALL BE a EXAM [Prewously faded} RETURNED 2. PROFILE DATA Please type or prt in ‘black ink At OFFICE USE ONLY First Pore Therare j Saress Teterrore edt ot 1GSU 1647 TEAL yee | edd st Tia Widdle deme: Rivera, Mane Luisa H Soe re tater : Axx thercer i v . ; Mt [Rr Y Box yuse ‘res i" ° . Sue Zo Have you ever canged you name dwough ec t 2 etamage oF Inrough action of a coun o have i Mere df age x Fe _22344 yOu ever Been know by any other name? addres Sana! Secumty Numper VES we F ye, last mumetst and datetss uf chunges 1 We are required ta act that you tumish the loll and fepecting purpotes only and does nat In an FALE Chcanar Abtateecan © regan Feat; f | 4. EXAMINATION HISTORY | acon Fit neath wed peur of ans pe RECT OM: PE Sarturestratna A sumereieent Fleveausty beensed} 2, We ate required to ask that you fuenish the lollowing ialommaNGn ae Ban ol your voluntary compliance with Secon T. Uniform Guidelines on Employee Selection Procedure (9872) 43 FR 38256 (August 25, 1976), This information is gathered for statistical and reporting purposes onl your candidacy for licensure. ly and does nat in any way affect RACE ae. a>] _Gavease1 1 AfreanAmenzan Bian ‘ ane OF pan Di teave Amencan © other O va. Gen . Seta you, APPLICANT EQUCATION AND TRAINING DATA tChaee citer =) or = + Ecucatan - “sate c! Senogrs} you amen: Cty Sasa? Oye NO Degree Nate: In arder 19 endurve, sau anust have alread Nate: Yea Gtazeiras — Die yoo ram. ve tra pee « U veel xO anerces a, me ry dt Yes eomneres aM A 4 ai license sap M License upgradefduplicate fee $10 (For applicar LA ef ang yOu have any religious conflict that woutz Intertere with taking Inis exami *sting Services in writing. exptaining the situation ar call (850) 225-4252 for a | i NATIGNAL CERTIFICATION i 7 ination on the indicaled date, Prease contact ditions! information, Neen gs FOR OFFICE USE ONT PLEASE DO NOT WRITE BELC'W THIS LINE b. Staple One Trane HN STE | ater Hore | PESES FILE & : Exala SITE- ® OF RETAKES. ' MST Exald DATE ORIGINAL RECEIPT « ! . PACT CODE 2 exasicon, ae. CAN i SF sercesine a) : i APPLICG NT HIST, , Uubmitted gj ORY. thew en SWer yey t Era 2 ine Sets te the Department snd p Stitt BIRECTOR: (Cheese buth = and #2.) fifty & [usi) V1] Applicatne fee fs the administray mA supenision examination ($40) (Check une y [ Agminsretion A super ison $1 fee fot lwensure by en in the f; , Sr POE Se eset hen SUPERVISOR: IChinise tee SLEERV SOR: at least ene specialty area yr thse ie ake 2 & eather 1023 IN etarumatien (Check une 1 Immunotyes 2F continuing ef app OG Teciineg LOGIST: (Chisse Seruluys Immunwiugs ¢ Immun ematnlors 15780) wet. Clinwal Chemiary TECHNICIAN: q t (Chess entner =] ap x2} t stein « ied nse answeted thon ce a q ang Samunchematohics t chematetheps p endlurse. sou must have atready taben and faned, or he scheduled tw take, the evaininacur. Yeu must alse Rave the appropriate desece. 7 TA ENSURE FERS, ense fee $195 [Far ants.) [} License upgradetuupticate tee § 30 {Far applicants adding specialties or Upgrading to a higher levet of licensure.) LRUFICATION Sta TVS be ay Mae. a0) healt are wie | PVE RES MO CENT ateen tn anys WW. EXPERIENCE Use the enclored veri names uf the specific tests 9M performed, om form to verify eapericace if necessary to qualify SisLe sue the employer ating source must State, Local statute, lemcanur ur feluny” 1. APPLICANT HISTORY, IWyou answer ses tae. ay uf the fallowing questions, ja the Department and x 0 Proper documentation fram the or #8 explanation must le sitach ied to the application, + af adjudication, uve sou ever iscen convicted of a ur ordinance, ur entered any plea myottated plea bare: YES | NO : Have son mr heest criminally sir ¢ chemucal subytances? LT YES of xo f years. fave ys NO Oe Nad a licens das n af. or pled Noto Comendre to, any Federal aun. or settlement refating ta miss char, ged sulh ans intenuonal or aeglpent actin related te the musass TUES, alewhet, uf Megat acd Jor any phy sic ys coutdities ar tsar,” fur sexu miscune 6G Any Sct tt uae uither state thst wed * practice. dented hy as: g0semment} f This sine eves Ikea tis pry I} ves es ve dew Dees tetueed Me tenet suspended. ur any other & Sten in any stsie? incense tie eyarunstion t Lf ND tive, or the seag: hetcut wg any stuiz he amseat uf thes seston Peron tn the fedure i [420 AFFIDAVIT +f Phereby authorize a £78 (pack and pe Mes an. te telease ta the the places: ung = ae Ayfita to Sk CHUCK LIST Pieae complete min setiion von Sah your ay . a Al iS Nt f a iter Tastee Ree Wren het Atin: Marie y, h, Re: Histology Tec Dear Ms. Wright Enclosed you the pplication fee. five (5) years Of pe within 19 years imme _ During a pho Conviction in 1984 the State dismissed), This occurs ! have included titution that clea the re remain, Board Office for May 1“, 2001 Clinical Laboratory Personnel C-07 4052 Bald Cypress Way Tallahassee, Florida 32399 Attn: Marie Wright Re: Histology Techz: ician Exam Dear Ms. Wright, Enclosed you will tad a camplete application and a chéck for $205.00 for the application fee. | have also included several fob verification tatters st.swing “frve (5) years of pertinent clinical fat-uratory experience in histology accrued within 10 years immediately Preceding application for licensure’. During a phone conversation with you . | slated that | had a felony conviction in 1984. : Here are the details of that incident. in 1982 my tdother co-signed a car loan for me. | then sold the car in 1984 and tepaid/averpaid the Loan, The Loan Company made out a tefund, check to my Mother and myself. | signed my Name cnd my Mother's name on the check; the State of Oregon called that Theft (the forgery charge was dismissed). This occurred in 1984. am curently working at the A Heath in the Legal Practitioner R Counsel, or Nancy Snurkowski. Chief Attomey All Practitioner . it ley Practitioner R | have included a letter-by egulation/ Allied Health (my Nancy Snurkowski to support to March 4", 2001 for a UPPP and Geniogiossa! Advancement Surgery to correct my sleep apnea. Dr. Adrian Raberts (ENT) Performed the Surgery at Tallahassee Memorial Hospital. | have Not included documentation regarding this Surgery in this application can be cf further assistance, pisuns 509-7786 cell. Sincerely, . Wer L0— Maria L. Rivera _ ' Regulation Specialist Enclosures: mpleted Application = ‘penttcation Fee Check $206.00 Letter from Nancy ont ee a Joyment Verification Emeietment Verification Letter, k Emptoyment Verification Letter, , Employment Verification Letter, HIVIAIDS ce arnt igh School Transc _ Heumantation and deposition 0 ; Because the Board Office for Clinical Laboratory Personnel is changing tha licensing requirements for Histotechnician, | am submitting this application to be able to sit and take my examination before those changes are in effect. al can be cf further assistance, please contact me at (850) 414-9446 work or (850) 509-7796 cell. Sincerely, Wor Lé— Maria L. Rivera Regulation Spacialist | AHCA Enclosures: Completed Application - Application Fee Check $205.00 Letter from Nancy Snurkowski, Chief Atomey Allied Heatth/Medical Employment Verification Letier Texas Children’s Hospital Copy Employment Verification Letter, Kelsey Seybold Clinic Copy Employment Verification Letter, Capital Health Systems Copy Employment Verification Letter, The Jackson Lab HIV/AIDS Certificate . High School Transcript Documentation and deposition of conviction, 1984 JEB BUSH. GOVERNOR April 14, 2001 Board Office for Clinical Laboratory Personne! CH 4052 Bald Cypress Way Tallahassee, Florida 3235 Attn: Marie Wright Re: Maria L. Rivera, H Dear Ms. Wright: Maria L. Rivera is an em employed as a Regulato incident that occurred in using her mother's namt of that incident and thal that matter. Mr. Reginal completed Ms. Rivera's asset to Practitioner Re Rivera's completion oft history during the sever during her amployment to take the examinatior will not present an imp: Laboratory Personnel. | canbe reached at 48 4 FLA. DEPT. OF STATE ¥. 10, p. 87 64B3-7,001 64B3-7,002 64B3-7.003 6483-7.004 6483-7.005 64B3-7,006 ° 64B3-7.007 64B3-7,001 + Specifies that Fall of 2000, Fax ?850-245-6282 Feb 8 2005 18:02 P.05 {R. 6/01) : EXAMINATIONS 64B3-7,001 CHAPTER 6433-7 upon passing the administration . and supervision EXAMINATIONS examination, The Supervision and Administration Licensure Examinations. Testing Service. Examination Pagsing Scores, Exenination Failure. Security and Monitoring Procedures for Licensure Exargination, Examination Review Procedures, Competency Areas and’ Weighting, Licensure Examinations, The Board the licensure examinations, beginning with the shall consist of the following; (1) For licengure as a director qualifying pursuant to Rule 64B3-5.007, examinadon 64B3-3.003(7), FAC, a supervision and administration covering the subject’ matter ‘ of Rule FAC, the Clinical Leboratory Director "examination administered -by the National Certification Agency for Ctinical Laboratory Personnel (NCA), and pursuant to Section 456.017(1)(c), ES. one of the follawing: (a) In the health Isboratory directors, microbialogy Microbiology, (b) In the ~ specialty examination specialty of microbiology including public the examination in clinical Prepared by the American Board of Medical of serology/immunology, the in clinical immunology prepared by the American Board of Medical Laboratory Immunology. , (¢) In the specialty of clinical chemistry including public health laboratory diectors, the examination prepared by the American Board of Clinical Chemisty. i a director performs only the cxamination in toxicology, prepared by the American Board ; subspecialty . of toxicology, the of Clinical Chemisty is approved. (d) In the Specialty of hématology, the hematology examination for. high complexity clinical laboratory directors Picpared by the American Board of Bioanalysis, (e) In the examination specialty of cytogenetics, the specialty in clinical cytogenetics prepared by the Aderican Board of Medical Genetics, . &) In the specialty of molecular genetics, the specialey exsimination in molecular genetics prepared by the American Board of Medical Genetics, (g) In the specialty of histacompanibility, director cxaminarion in histocompatibility prepared by the more of the national board certification laboratory science specialty specified in subsection (1). (3). Prior to applying for the examination in administration and supervision, ‘the applicant will apply to the Board and Provide evidence of passing any applicable certification examinations, licensed in a specialty a5 a technologist by examination, administration and supervision examination shall be administered: in house by the Deparment and/or the following Board approved national examinations: * : 1, The Diplomat in Laboratory: Management examination On general supervision administered by the American Society of Clinical Pathologists, . . 2. The Specialise in Blood Banking administered by the American Society of Clinical Pathologists far Blood Banking and Immunohematology, 3. The Specialist in Cytotechnology administered by the American Society of Clinical Pathologists’ for licensure by endorsement as a supervisor in Cytology. 4. The Specialist in Chemistry administered by the American Socicty of Clinical Pathologists for. licensure by endorsement for supervisors*{n Clinical Chemistry, 5, The Specialist in Hematology ariministered by the American Society of Clinical ‘Pathologists for licensure by National Cextification Personnel (NCA). &) When the applicant is not licensed as a technologist, an administration and ‘supervision examination covering the subject matter in Rule 64B3-3.003(7), FAC, and an examination in one or more of the specialties specified in Rule 64B3-7.001(6), FAC, ‘The applicant shall be licensed as a supervisor in the appropriate specialty upon passing the . shall be 0 Deparment and/or the following Board approved national examinations; on general supervision administered by the American Society of. Clinical Pathologists. 2, The Specialist in Blood Banking administered by the American Society of Clinical Pathologists for Blood Banking and Immunohematology. » 3, The Specialist in Cytology administered by the American Society of Clinical Pathologists for Cytology supervisors, 4. The Specialist in Chemistry administered by the American Sovicty of Clinical Pathologists for licensure by cndorsement for supervisors in Clinical Chemistry, . 5. The Specialist in Hematology administered by the American Socicty of Clinical Pathologists for licensure by endorsement for supervisors in Hematology. 6. The Clinical Laboratory Supetvisor administered by the National Certification Agency for Clinical Laboratory Personnel (NCA), . os . (c).A licensed supervisor may adda specialty by passing onc of the specialty examinations apecified in subsection (6) below, (6) For licensure as a technologist: . (a) A state examination in one or mone of the following specialties: microbiology, Serology/immusology, clinical chemistry, hematology, imimenohematology, blood banking/immunchematology, histology, or examinations Prepared by the American Socicty of Ciinical Pathologists, the Ameniesh Medical Technologists (AMT), or the National Certification (NCA): or Agency for Clinical Laboratory Personnel FLA. DEPT. OF STATE Fax :850-245-6232 Feb 8 2005 18:02 P.06 (R 6/01) 64B3-7.007 DEPARTMENT OF HEALTH (b) In the specialty’ of cytelogy, the Cytotechnologist Examination prepared by the Board’ of Registry of the American Society of Clinical Pathologists;: or . (c) In the specially of cytogenetics, the + Clinical Laboratory Specialist in Cytogenetics Examination by the National Certification Agency for Medical Laboratory Personnel; or (d) In the. specialty of histocompatibility, the Certification Examination for Histocompatibiliry Technologists, prepared by the American Board’ of Histocomparibiliry and Immunogenetics; or , * @):In the specialty of vadioassay,. the Certification Examination in Radioassny, Prepared by the Clinical Ligand - Assay Society Certification Hoard; ar ‘ (f) In the specialty of blood gas enslysis, either the Cardiovascular Science Examination, — prepared _ by Cardiovascular Credentialing Intemational, or ‘the Advanced Pulmonary Function Technologist Examination, . prepared by the National Board of Respiratory Care. ; (g) In the specialty of blood banking/immunobematology, the ‘Technologist Certification Examination in Bligod Banking, or the Specialist in Blood Banking Certification Examination, prepared by the Board of Registry of the American Society of Clinical Pathologists are also acceptable in addition to the options stated in (6)(a) above, : (7) If a, specialty examination is passed, the applicant shall be liccused as a technologist in that specialty, (8) For licensure as a Technician: _ (a) Ther: shall be two types of examinations. A-candidate may choose cither a generalist examination covering * microbiology, serology/immunology, clinical chemismry, hematology and: immunchematology or an examination in histology. A. candidate may alternately choose to take either one of the generalist medical laboratory technician or medical technologist examinations administered by the American Society of Clinical Pathologisrs (ASCP), the National Certification Agency foc Medical Laboratory Personnel (NCA), or American Medical Technologists (AMT) or the technician histology or technologist histology examination administered by the American Society of Clinical Pathologists (ASCP), (b) The applicant shall be licensed ag a generalist technician in the Specialties of —_ microbiology, serology/immunology, clinical chemisiry, hematology, and immunohematology upon pasuage of the state generalist examination or of the American Society of Clinical Pathologists (ASCP), the National Certification Agency for Medical Laboratory Personnel (NCA). or the American Medical Technologists (AMT) medical, laboratory technician or medical technologist generalist examination, 5 (c) The applicant shall be licensed ag a Yechnicien in the specialty of histology upon passage of the - State: histotechnician examination ar ‘the histotechnician’ “or histotechnologist examination administered by the American Society of Clinical Pathologists (ASCP), , (a) There is no technician level radioassay, bleed banking, blood gas analysis, cytology, histocompatibilicy or cytogenetics examination, so, Specific Authority 456.017, 483,809(2) FS. Law Implemented 456.017, 483,805(2) FS, History—New 5-12-93. formerly 21KK-7,001, 61F3-7,001, Amanded 12-5-95, Formerly 590-7.001, Amended 3-19-98, 6-23-98 71-99, 4-10-01. . * 456,0170)(a),-BS., 64B3-7.002 Testing the Board approves the use _ of Professional testing services by the Department. “Specific Authority 456.017, 483,809(2) PS. Law Implemented 456.017, 483.8092} FS HistoryNew —12-5-95, Formérly : ‘ 590-7,002, 64B3-7.003 Examination Passing Scores. Using a scaled score with a range of 0 to 500, the passing score for each examination shall be a scaled score of 350, Scores whose calculation result in a decimal will be rounded up to, the nearest integer if the decimal. is 0.5 or greater and will be rounded down to the nearest integer if it is Jess than 0.5, Specific Authority 456.017, 483,809(2) FS, Law Implemented #5. .History—New 1a-3-95, Formerty 64B3-7.004 Examination Failure. A candidate for censure who, ‘upon sitting for the licensure. examinations’ fails to pass one of the examinarions shall only be required to retake and pass the examination or examinations failed upon mesting the following Fequirements: (1) The candidate shall reapply and requalify in order ro be reexamined, . . (2) Upon. reapplication and Tequalification, the candidate shall pay the fee set forth in Rule 64B3-9, FAC, + (3) A candidate for licensure as a director or supervisor who fails the examination on administration and’ supervision candidate's third attempt to do 60, the applicant shall not reapply ‘to take the examination until the applicant bas satisfactorily complejed laboratory theory and clinical retraining or 25 additional hours 9f condinning education. Specific Authority 456.017, 483.809{2) FS. Law Implemented 456.017, 483.809(2), 483.821 FS. Histary—New 12-5-95, Formerly 590-7,004, Amended 4-39-98, 410-0]. 64B3-7.005 Security and Monitoring Procedures for Licensure Examination. The Board adopts by reference Rule 64B-1,010, FAC, of the Department of Health as its nile governing licensure examination security and monitoring, ft Specific Authority 456.017, 483.6092) FS. Law Implemented 456.017, 590-7,005, “6483-7.006 Exomination Review Procedures. , @) An applicant ig entitled to review the applicant's examination questions, BOSWers, papers, prides end grading key used in the examination under snch terms and conditions prescribed by the Deparunsnt of Health in Rule 64B-1,013, BAC, unless prohibited or limited by Rule 6483-7.005, FA.C., implementing security procedures, (2) The fee for each review ‘for each examination shall be $75, an Specific Authority 456,017, 483,602) FS. Law Implemented 6.017, 483.8052) FS, History~New 12-5-95, Formerly 590:7.006, Amended 6-22-99, ° . . 6483-7.007 Competency Artas and Weighting, The Sencral arcas of competency to be covered by the examinations for licensure and the approximaté relative weight to be assigned in grading each content arta tested, expressed as a percentage are as follows: V. 10, p. 88 Service. Pursuant to paragraph’ 483,802) FS, History—New 12-595, Formerly Jeb Bush John O. Agwunobi, M.D., M.B.A. Governor Secretary June 30, 2003 Maria Rivera , Ba 8 oe 874 Lake Road oo see bs 3 Monticello, Florida 32344 Pope: gat a BAe BD Soy ba Dear Ms. Rivera: 4 2 This letter is in regards to your Florida Clinical Laboratory Personnel license . issued on May 17, 2001. According fo the previous conversation, Mr. Joe Baker, Executive Director, Board of Clinical Laboyitory Personnel authorized your eligibility to take the Florida : Histotechnician,examination within the allowed six-month period. The Board has been informed that you were not successfiil on the histotechnician examination taken on May 28, 2003. Therefore, the Board is requesting that you retum the Technician license in the specialty area of Histology no later than July 31, 2003. Please return the license to the following address: Vicki R. Grant Program Operations Administrator 4052 Bald Cypress Way, Bin C-07 Tallahassee, Florida 32399-3257 Tam also enclosing a copy of your grade report on the examination taken in histology. If you have any questions, please do not hesitate to contact me directly at (850) 245-4395 or by email at michele jackson@doh.state.fl.us. /m]j Enclosure 4052 Bald Cypress Way * Tallahassee, FL, 32399-1701

Docket for Case No: 06-000452PL

Issue Date	Proceedings
May 14, 2009	Joint Motion for Voluntary Dismissal filed.
Feb. 18, 2008	Motion to Reopen File filed.
Sep. 15, 2006	Order Closing File. CASE CLOSED.
Sep. 15, 2006	Motion to Relinquish Jurisdiction filed.
Aug. 10, 2006	Order Granting Continuance and Re-scheduling Hearing (hearing set for September 19, 2006; 9:00 a.m.; Tallahassee, FL).
Aug. 09, 2006	Joint Motion for Continuance filed.
Apr. 20, 2006	Order Granting Continuance and Re-scheduling Hearing (hearing set for August 15, 2006; 9:00 a.m.; Tallahassee, FL).
Apr. 14, 2006	Motion for Continuance filed.
Feb. 27, 2006	Order of Pre-hearing Instructions.
Feb. 27, 2006	Notice of Hearing (hearing set for April 26, 2006; 9:00 a.m.; Tallahassee, FL).
Feb. 06, 2006	Initial Order.
Feb. 03, 2006	Administrative Complaint filed.
Feb. 03, 2006	Respondent`s Election of Rights and Petition for a Formal Hearing Pursuant to Sections 120.569(2)(A) and 120.57(1), Florida Statutes filed.
Feb. 03, 2006	Notice (of Agency referral) filed.