STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF HEALTH AND )
REHABILITATIVE SERVICES, )
)
Petitioner, )
)
vs. ) CASE NO. 75-2066
)
LILLIAN SHIRLEY, 1/ )
)
Respondent. )
)
RECOMMENDED ORDER
The subject cause came on for hearing pursuant to notice on January 20, 1976 2/ in Miami, Florida.
The licensee petitioned for a hearing pursuant to Chapter 120.57(1): Florida Statutes. On December 2, the Respondent, through its staff counsel, caused to be issued an Administrative Complaint charging the Petitioner with having violated Chapter 483.21(2), 483.24 (2), Florida Statutes and/or Chapter 10D-41 Florida Administrative Code and that she falsely stated on her application that she had a Masters Degree in Chemistry from Northwestern University, and along therewith she submitted a sham transcript of record from Northwestern University, a copy of which is attached to this report and is made a part thereof and additionally, she stated on her application that she had a Bachelor of Science Degree from St. Claire's College with a major in Chemistry obtained in 1946 and based on the Respondent's investigation, evidence revealed that she did not obtain such degree. A copy of the letter from the Registrar of Cardinal Stritch College, Custodian of the Records of St. Claire's College, is attached hereto and is made a part of this Recommended Order. The Respondent also charges Petitioner with having unlawfully represented herself as being licensed as a clinical laboratory supervisor when in fact she was licensed only as a clinical laboratory technologist and further, that she, in furtherance of her attempt to obtain employment as a laboratory supervisor, used forged license, copies of which are attached hereto and made a part of this Recommended Order.
Based on the above violations the Respondent seeks to revoke the license of the Petitioner. The issue to be decided is whether or not the above described conduct warrants revocation of the Petitioner's license.
As stated, the Petitioner was not represented by counsel at the hearing; however, she testified that she wanted to enter a plea of "nolo contendere" Inasmuch as there was no dispute of facts as to the material allegations contained in the Respondent's Administrative Complaint. She testified that based on the fact that she passed the technologist test, she should therefore be permitted to retain her technologist license as that is the only available employment that she is qualified to perform. She also testified that this entire proceeding has caused much mental distress to her family, and that she is the sole support of her family inasmuch as her spouse is an amputee
and unable to perform any work. She stated further that she is unable to collect Unemployment Compensation at this time.
The guiding statute in this case is Florida Statute 458, 483.21(2), 483.24(2) and the statute is specific in pointing out that any applicant who obtains a technologist license to practice in a clinical lab must be the holder of a Bachelor of Science Degree and in addition thereto must have obtained satisfactory completion of certain other specific courses dealing with this related area. Included in said statute is no substitution of qualifications such as for example, substituting years of related service in lieu of having obtained the B.S. Degree or the other related qualifications. The evidence reveals that based on an investigation by the Respondent, Northwestern University replied by letter dated October 31, 1975 that the record submitted by the Petitioner in no way resembles any document ever used by Northwestern University, nor could it find any record that the Petitioner was ever registered with, or was a student at said university. The letter goes on to state that the course numbers do not at all resemble any course numbers in use at Northwestern and that the semester hour credits are inappropriate since that university is on a quarter system. In addition the letter states that the signature of the Associate Registrar is forged and misspelled. (See Agency's Exhibit 3.) Agency's Exhibit 4, which is a letter from Cardinal Stritch College dated November 6, indicated that a search of their files reveals no record of the Petitioner having graduated from that college in 1946 with a Bachelor of Science Degree in Chemistry, nor did their records reveal any evidence that she attended St. Claire College under the religious name of Sister Dulceline or any other name.
Based on these documents, and the admission by the Petitioner that she did not contest the material allegations of the Respondent's Administrative Complaint, it is therefore
1. That the Petitioner's license bearing Certificate Number 3060 be revoked as the evidence clearly reveals that she did not satisfy the qualifying criteria for obtaining such license, and that the material supplied along with her application were forged documents.
DONE and ENTERED this 29th day of January, 1976 in Tallahassee, Florida.
JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304
(904) 488-9675
ENDNOTES
1/ Although advised of her right to be represented by counsel, the Respondent elected to proceed without the advice of counsel.
2/ All dates unless otherwise noted are in 1975.
COPIES FURNISHED:
Mrs. Lillian Shirley 14331 Sabal Drive
Miami Lakes, Florida 33014
Barbara Doll McPherson, Esquire
P. O. Box 210
Jacksonville, Florida 32201
| Issue Date | Proceedings |
|---|---|
| Jan. 29, 1976 | Recommended Order sent out. CASE CLOSED. |
| Issue Date | Document | Summary |
|---|---|---|
| Jan. 29, 1976 | Recommended Order | Respondent falsified transcripts and forged names on letters to get her lab supervisor license. Revoke the license. |
