STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

HALCYON H. CARROLL, )

)

Petitioner, )

)

vs. ) CASE NO. 76-407

)

DEPARTMENT OF PROFESSIONAL ) AND OCCUPATIONAL REGULATION, ) DIVISION OF PROFESSIONS, BOARD ) OF EXAMINERS OF PSYCHOLOGY, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, G. Steven Pfeiffer, held a public hearing in this case on September 21, 1976, in Tallahassee, Florida.

APPEARANCES

For Petitioner: Thomas W. Lager

Tallahassee, Florida

For Respondent: John S. Miller, Jr.

Tallahassee, Florida

On March 3, 1976, Dr. Halcyon H. Carroll ("Petitioner" hereafter) filed a Petition for Formal Proceedings with the Division of Administrative Hearings (Hearing Officer's Exhibit 1). Petitioner therein alleged that she was improperly denied the opportunity to apply for licensure as a psychologist in the State of Florida by action of the Department of Professional and Occupational Regulation, Division of Professions, Board of Examiners of Psychology ("Board" hereafter). Petitioner alleged that she has a doctoral degree in psychology from a university maintaining a standard of training comparable to those universities having programs approved by the American Psychological Association, and that she is therefore qualified to apply for licensure in accordance with Florida Statutes, s. 490.19(1)(d). The Board filed an Answer to the Petition, denying that Petitioner is qualified to apply for licensure as a psychologist. The Board moved to dismiss the petition contending that the Petitioner is not entitled to a hearing (Hearing Officer's Exhibit 2). The Motion to Dismiss was denied by order entered April 15, 1976 (Hearing Officer's Exhibit 3). The Board has taken an interlocutory appeal of the order denying the motion to dismiss to the First District Court of Appeal. The Board filed a Motion to Stay Further Proceedings in the case (Hearing Officer's Exhibit 4), which motion was denied by order entered May 11, 1976 (Hearing Officer's Exhibit 5). The final hearing was scheduled by notice dated July 15, 1976.

The parties submitted a pre-hearing order, which order was signed by the undersigned at the hearing (Hearing Officer's Exhibit 7). The parties stipulated that the facts set out in the pre-hearing order should be accepted as true without the need for further proof. (Transcript of Record, Pages 3, 4).

The Petitioner appeared as a witness on her own behalf, and called the following additional witnesses: Dr. Robert Micali, a professor at the University of New Mexico; and Dr. Harold F. Cunningham, a professor at Florida State University.

The Board called the following witnesses: Dr. Joseph H. Grosslight, the Chairman of the Department of Psychology at Florida State University; and Dr. Wallace A. Kennedy, a professor at Florida State University and Chairman of the Florida State Board of Examiners of Psychology. Hearing Officer's Exhibits 1 - 8, and Petitioner's Exhibits 1, 2, and 4 - 8 were offered into evidence at the hearing and were received. Petitioner's Exhibit 3 was offered into evidence, but was rejected. The parties have submitted Post-Hearing Memoranda of Law, and Proposed Findings of Fact, Conclusions of Law, and Recommended Orders.

In accordance with Hearing Officer's Exhibit 7, the parties have stipulated that the sole issue for determination in this hearing is as follows: "Pursuant to 490.19(1)(d), Florida Statutes, whether Petitioner's doctoral degree entitled Pupil Personnel Services is in fact a doctoral degree with a major in psychology."

FINDINGS OF FACT

1. By letter dated February 4, 1976, the Board denied the Petitioner's application for licensure as a psychologist in the State of Florida (Petitioner's Exhibit 1). As grounds for its denial the Board stated that the Petitioner's doctoral degree does not meet the requirements of Florida Statutes Chapter 490.19(1)(d).

   
   

2. Petitioner received a master's degree in clinical psychology from the University of Tennessee, Knoxville, Tennessee in March, 1949. A transcript of the Petitioner's record at the University of Tennessee was received in evidence as Petitioner's Exhibit 2. Petitioner took two academic quarters of course work at the University of Tennessee, Knoxville, and two quarters at the University of Tennessee, Memphis, School of Medicine, Department of Psychiatry. While at Knoxville the Petitioner completed, inter alia the following courses:

   Philosophy 401, a course in esthetics; Psychology 431 and Psychology 432, courses in clinical psychology with an emphasis on testing materials; and Psychology 542, a course in advanced statistics. While at Memphis the Petitioner completed the following courses: Psychiatry 403, a course in fundamentals of human behavior; Psychology 461, a course in applied psychological psychology; Psychology 651, a course in which clinical practices were demonstrated and discussed; Psychology 681, a practicum course in testing, diagnosis, and evaluation of patients at the psychiatric hospital; Psychology 594, a course in advanced testing techniques; and Psychology 682, an additional practicum course. In addition to the course material Petitioner completed a thesis, and oral examinations. The Petitioner then completed an internship at the University of Tennessee, Department of Psychiatry, which is called the Gailor Psychiatric Hospital. Following her internship the Petitioner joined the staff at the Gailor Psychiatric Hospital, where she worked for four years.

   
   

3. During the fall of 1967 the Petitioner attended George Washington University. A transcript of her record at George Washington University was received in evidence as Petitioner's Exhibit 4. Petitioner took the following courses: Learning Problems and Disabilities, a course on how to teach and handle misbehaving, disturbed children; and the Adolescent in School and Work, a

   course dealing with behavioral adjustment of adolescents. Before she could complete a degree program at George Washington, the Petitioner's husband was relocated, and she moved to Las Alamos, New Mexico.

   
   

4. During 1970 the Petitioner enrolled in the University of New Mexico in Albuquerque, New Mexico. Petitioner entered the College of Education, Department of Guidance and Counselling. Petitioner was seeking a degree in clinical psychology. There is a Department of Psychology at the University of New Mexico, but the program in that department dealt almost exclusively with experimental psychology, a program in which the Petitioner had no interest. The transcript of the Petitioner's record at the university of New Mexico was received in evidence as Petitioner's Exhibit 5. During the spring academic quarter of 1970, the Petitioner took a workshop course which focused upon working with children who have learning disabilities. During the summer academic quarter of 1970 Petitioner took a course dealing with the treatment of special education children in the regular classroom, and a seminar which dealt with education and treatment of neurologically impaired children. During the fall, 1970 academic quarter Petitioner took a course in group techniques for guidance; a course dealing with the education of emotionally disturbed children; and an advanced course dealing with education and treatment of neurologically impaired persons. During the spring academic quarter, 1971 the Petitioner took a course in techniques of counselling, an advanced practicum course in guidance and counselling, and an additional course in working with physically and neurologically impaired persons. During the summer quarter, 1971 Petitioner took a course titled "Research Design and Statistics". During the fall quarter of 1971, the Petitioner took a course on techniques of parent and teacher counselling, and a course on advanced theories of counselling and psychotherapy. During the spring quarter of 1972, the Petitioner took an additional advanced practicum in counselling and guidance.

   
   

5. In addition to her course work the Petitioner completed a dissertation. The Petitioner's dissertation was a study of the way school counsellors view their work, both as they actually perform it and as they ideally perceive it; and the way students view what counsellors do, both in reality and ideally. Petitioner received a Doctor of Philosophy degree from the University of New Mexico. Her degree was labeled a degree in Pupil Personnel Services, which is an umbrella degree for all doctoral programs in the School of Education. Petitioner's major field of study was titled Counselling Psychology.

   
   

6. No program in the University of New Mexico School of Education was approved by the American Psychological Association at the time that Petitioner was at the University of New Mexico, and no program has been approved since that time.

   
   

7. The course of study undertaken by the Petitioner at the University of New Mexico is not a program with a standard of training comparable to universities having programs approved by the American Psychological Association. Petitioner's program was primarily limited in scope to one specific facet of a general program in psychology, that being school guidance and counselling. Some of the courses taken by the Petitioner included aspects of a general course in psychology, but the courses were not designed to provide a comprehensive background in psychology.

   
   

8. The post-graduate programs pursued by the Petitioner prior to her enrolling in the University of New Mexico do not adequately fill the void. Petitioner's course work at the University of Tennessee, and at George

   Washington University does not provide her with a comprehensive academic background in psychology.

   
   

   CONCLUSIONS OF LAW

   
   

9. The Division of Administrative Hearings has jurisdiction over the parties to this action, and over the subject matter. Florida Statutes, s. 120.57(1), 120.60.

   
   

10. Necessary qualifications for applicants to take the examination for licensure as a psychologist in the State of Florida are set out in Florida Statutes, s. 490.19. The statute provides in pertinent part:

    
    

    "(1) The Board shall examine by written or oral examination, or both, under such rules and regula- tions as the Board may prescribe, every applicant for examination as a psychologist who has paid the fee specified in 490.18 and satisfied the Board that he:

    (d) Has received a doctoral degree with a major in psychology from a university that has a program approved by the American Psychological Association or has received a doctoral degree in psychology

    from a university maintaining a standard of training comparable to those universities having programs approved by the American Psychological Association."

    
    

11. The Petitioner has the burden of establishing that she meets the criteria set out in the act.

    
    

12. Very little evidence was offered at the hearing to show what a program approved by the American Psychological Association would include. The rules of the Board provide some insight. Rule 21U-2.04(1) provides:

    
    

    "(1) When, in the view of the Board, the doctoral degree of the candidate is not clearly awarded in psychology, the Board will require the applicant to obtain clarification of the degree from the office of the dean of the graduate school at the degree granting insti- tution, querying specifically whether the degree was awarded with a major in psychology.

    When the response of that dean's office remains equivocal or when the transcript of course credits fails clearly to reflect psychology as the major study, the following guidelines shall apply:

    1. Curriculum: A course of study of at least three academic years leading

       to the doctoral degree shall be offered. Each academic year shall be at least eight months in duration. In addition, the following requirements shall be met:

       1. The curriculum shall include seminars, tutorials, or course work at the graduate level representing at least two years of full-time

          study or ninety (90) semester (or equivalent quarter or trimester) hours.

       2. The foregoing study shall include at least sixty (60) semester hours (or equivalent quarter or trimester hours) designed as prepara- tion for the professional practice

          of psychology. At least 42 of these semester (or equivalent quarter or trimester) hours shall be in any five basic areas selected from: experimental psychology, developmental psychology, individual differences, psychological tests and measurements, social psychology, statistical methods,

          history and systems of psychology, design of research, personality theory,

          learning theory, physiological psychology, abnormal psychology, comparative psychology, motivation, and perception.

          The remaining eighteen (18) required semester (or equivalent quarter or trimester) hours in psychology shall be either in the foregoing basic areas and/or in the methods of interviewing, counseling or psychotherapy; or of constructing, administering, or interpreting tests of mental abilities aptitudes, interests, attitudes, personality, characteristics,

          emotions or motivations; or of assessing public opinion. No more than nine (9) of these forty-two (42) semester (or equivalent quarter or trimester) hours shall be credited in any one of the aforementioned basic areas, methods

          or procedures of psychology.

       3. The total curriculum shall contain preparation for initiating, conducting and evaluating research in psychology which can be supported by written evidence."

       
       

       In Rule 21U-2.05 the standard of training comparable to an approved university is defined as follows:

       
       

       "This type of training in the main universities which are well staffed, have adequate library facilities, and a complete program as specified

       by the Education and Training Board of the American Psychological Association and are presumably

       very close in point of time to gaining complete approval."

       
       

13. Petitioner's doctoral degree from the University of New Mexico does not constitute a degree in psychology from a university maintaining a standard

    of training comparable to those universities having programs approved by the American Psychological Association.

    
    

14. The application of the Petitioner for licensure as a psychologist in the State of Florida should be denied.

RECOMMENDED ORDER

Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby,

RECOMMENDED:

That the application of Halcyon H. Carroll for licensure as a psychologist in the State of Florida be DENIED.

RECOMMENDED this 30th day of November, 1976, in Tallahassee, Florida.

G. STEVEN PFEIFFER, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

John S. Miller, Jr., Esquire Post Office Box 10137 Tallahassee, Florida 32302

Thomas W. Lager, Esquire Post Office Box 1752 Tallahassee, Florida 32302

Docket for Case No: 76-000407

Orders for Case No: 76-000407