STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DAVID J. KNIZE, )

)

Petitioner, )

)

vs. ) CASE NO. 77-1537

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, K. N. Ayers, held a public hearing in the above styled case on February 7, 1978 at Fort Myers, Florida.

APPEARANCES

For Petitioner: David J. Knize

Route 5, 7148 Columbia Circle Fort Myers, Florida 33908

For Respondent: Anthony N. Deluccia, Esquire

HRS District VIII Attorney Post Office Box 2258

Fort Myers, Florida 33901

By letter dated August 15, 1977, David J. Knize, Petitioner, contests the denial of license at the supervisor level by HRS, Respondent, based upon petitioners lack of seven years experience required by Rule 10D-421.24(14)(e) Florida Administrative Code. At the hearing Knize testified and eight exhibits were admitted into evidence. Ruling on objection to Exhibit 3, letter to HRS from the Executive Director, National Board of Respiratory Therapy, Inc. on the grounds that the letter was hearsay and the contents thereof self-serving, were reserved at the hearing. This exhibit is now admitted.

The facts are largely undisputed and were stipulated to by the parties. The sole issue presented was whether or not the accelerated advanced program Knize took at the University of Chicago Hospitals and Clinics is the equivalent of the regular two year program offered by this school and, if so, was it an

abuse of discretion by HRS to deny Petitioner a license as a clinical laboratory supervisor.

FINDINGS OF FACT

1. Petitioner filed application for a clinical laboratory supervisor's license on March 31, 1977. Attached to this application as Exhibit 1 are transcripts of college credits, a certificate from the University of Chicago Hospitals and Clinics and a letter dated November 2, 1977 from the Executive

   Director of the Joint Review Committee for Respiratory Therapy Education (JRCRTE).

   
   

2. Petitioner's claim for credit for the seven years experience required for licensure is dependent upon him being given credit for the advanced accelerated program he took at the University of Chicago Hospitals and Clinics.

   
   

3. The University of Chicago Hospitals and Clinics is not a part of the University of Chicago. The JRCRTE is the arm of the American Medical Association which accredits various training courses and programs offered by medical education schools.

   
   

4. The University of Chicago Hospitals and Clinics offered a two year course which has now been reduced to 18 months in respiratory therapy which is accredited by the JRCRTE.

   
   

5. In addition, this school also offers an accelerated advanced standing program to qualified individuals with prior experience. This is the program completed by Knize. The program is concluded in five weeks and upon successful completion of the program the National Board for Respiratory Therapy, Inc. accepts graduates as qualified for admission to the Registry Examination for Respiratory Therapists, the same as they accept graduates from the two year or

   18 months regular program.

   
   

6. The JRCRTE accredits only programs of normal duration and for Respiratory Therapy than is approximately 2 years. However, they encourage the use of advanced standing principles.

   
   

7. The letter of November 2, 1977 from JRCRTE above referred to, stated:

   
   

   It is of great concern to the Committee that a state agency would not recognize a graduate who has received advanced standing through an accredited program since the United States Office of Education in its criteria for accrediting agencies mandate that we encourage such activities.

   
   

8. This comment may be compared to a prior sentence in the same letter which states "The [JRCRTE] has no mandate at this time to accredit formal advanced standing programs." To date the program completed by Knize has not received accreditation by the JRCRTE.

   
   

9. By letter dated October 13, 1977 (Exhibit 6) HRS inquired of the University of Chicago Hospitals and Clinics if it considered its Advanced Respiratory Therapy course the equivalent of its former two year and present 18 month courses. No response to that inquiry was received.

   
   

   CONCLUSIONS OF LAW

   
   

10. The requirements for clinical laboratory supervisor relevant to the instant case are contained in Rule 10D-41.24(14)(b) Florida Administrative Code which provides in pertinent part:

    
    

    Successful completion of two years of academic study (a minimum of 60 semester hours or equivalent in quarter or trimester hours) in

    an accredited college or university in a respiratory therapist training program approved by the Council on Medical Education of the American Medical Association, or equivalent accepted by the Department of Health and Rehabilitative Services, and has had at least four years experience in

    chemistry (special) in an approved laboratory. . .

    
    

11. No evidence was presented that the program completed by Knize was an accredited program. The only evidence presented that it was equivalent to the two year or 18 months programs offered by the same school was that the National Board for Respiratory Therapy, Inc. accepts the graduates of all these programs as qualifying an applicant to take the examination required for registration with the National Board.

    
    

12. Knize's application here is not to sit for an examination but to be licensed as a clinical laboratory supervisor as his application was filed before the regulations were changed to require all such applicants to successfully pass an examination.

    
    

13. Here the evidence was insufficient to show that the non-accredited 5 weeks accelerated advanced standing program completed by Knize at the University of Chicago Hospitals and Clinics was equivalent to successful completion of two years of academic study in an accredited college or university in a respiratory therapist training program approved by the Council on Medical Education of the American Medical Association. Accordingly, the issue respecting an abuse of discretion by HRS in not accepting the equivalency of the programs is not reached.

    
    

14. From the foregoing it is concluded that David J. Knize failed to show that the accelerated advanced standing program he completed September 26, 1974 at the University of Chicago Hospitals and Clinics is the equivalent to the two year academic program prescribed in Rule 10D-41.24(14)(b) Florida Administrative Code. It is therefore,

Recommended that the petition be dismissed.

DONE and ENTERED this 16th day of February, 1978, in Tallahassee, Florida.

K. N. AYERS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Anthony N. Deluccia, Esquire HRS District VIII Attorney Post Office Box 2258

Fort Myers, Florida 33901

David J. Knize Rt. 5

7148 Columbia Circle

Fort Myers, Florida 33908

Docket for Case No: 77-001537

Orders for Case No: 77-001537