STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

RICHARD SOBEL, )

)

Petitioner, )

)

vs. ) CASE NO. 77-1647

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, an administrative hearing was held before Michael R.N. McDonnell, Hearing Officer for the Division of Administrative Hearings, at 9:00 a.m., on January 17, 1978, in the Fourth Floor Conference Room, City Hall, 2200 Second Street, Ft. Myers, Florida.

Anthony DeLuccia, Esquire, appeared as counsel for Respondent, Department of Health and Rehabilitative Services, and Richard Sobel appeared in his own behalf.

Petitioner (hereafter Sobel) seeks licensure as a supervisor in the specialty of Chemistry under the provisions of the Florida Clinical Laboratory Law, Chapter 483, Florida Statutes. Respondent (hereafter HRS) has denied Sobel's application, thereby raising the question of Sobel's eligibility under Section 10D-41, F.A.C.

At issue is the sufficiency of Sobel's training as a Respiratory Therapist. HRS contends that Sobel's curriculum in that subject is insufficient to satisfy eligibility requirements. Sobel contends that his academic record fully qualifies him for the license he seeks.

FINDINGS OF FACT

1. Sobel has applied for a license under the provisions of the Florida Clinical Laboratory Law, Chapter 483, Florida Statutes, as a Laboratory personnel supervisor in the speciality of Chemistry, Respiratory Therapy. On August 23, 1977, Sobel was notified by HRS that his application was denied because he lacked a degree in Respiratory Therapy or in the alternative that he lacked seven years experience in Chemistry (special). On September 2, 1977, Sobel requested an administrative hearing.

   
   

2. Sobel has been given credit by HRS for six years experience in Chemistry (special).

   
   

3. Long Island University, Sobel's alma mater, conducts a respiratory therapist program of at least two years duration. This program is accredited by the Council on Medical Education of the American Medical Association.

4. In addition to his Bachelor of Science degree in Physical Education and his Master of Science degree in Health, Science and Physical Education, Mr. Sobel successfully completed the requirements of training in Respiratory Therapy given by Long Island University.

   
   

5. In addition, Sobel is a registered Respiratory Therapist with the National Board of Respiratory Therapy, Inc., and has successfully completed the written registry examination for self assessment administered by the National Board for Respiratory Therapy.

   
   

6. HRS recognizes that fourteen hours of Sobel's curriculum as reflected in his transcript of grades qualifies under the suggested basic units of instruction for a two year respiratory therapist program contained in the Allied Medical Directory. These general areas of study form the basis, in part, of accreditation by the Council on Medical Education of the American Medical Association.

   
   

   CONCLUSIONS OF LAW

   
   

7. Sobel contends that he is qualified for the license he seeks under the provisions of Rule 10D-41.24(14), F.A.C., subsections (a), (b) and (d).

   
   

8. As to subparagraph (a), although Sobel has at least four years of experience in Chemistry (special), he does not hold a Bachelors degree in a Respiratory Therapist training program. On the contrary, his degree is in Physical Education. As to subparagraph (b), Sobel has at least five years of experience In Chemistry (special), but has not successfully completed a one year respiratory therapy technician training course.

   
   

9. However, with respect to subparagraph (b), not only does Sobel have at least four years of experience in Chemistry (special) as required by the rule (this was stipulated by HRS at the hearing), he has also successfully completed 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.

   
   

10. HRS contends that, notwithstanding Sobel's certificate of completion of this course, the curriculum exhibited in his transcript of grades falls short of the accreditation criteria set forth in the Allied Medical Education Directory and that, therefore, Sobel ought not to be licensed. This position is without merit. The rules promulgated by HRS are clear and do not refer to the curriculum, per se, but rather refer only to the requisite years of experience and participation in an approved respiratory therapist training program. Should HRS desire to promulgate rules requiring that certain courses be taken as a precondition to licensure, then presumably it could seek to do so. However, under the evidence presented at this hearing, Sobel qualifies for licensure under the provisions of Chapter 10D-41(14)(b). It is, accordingly,

RECOMMENDED that Sobel's application for licensure as supervisor be granted.

DONE and ENTERED this 26th day of January, 1978, in Tallahassee, Florida.

MICHAEL R. N. McDONNELL

Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Anthony DeLuccia, Esquire District 8 Counsel

Post Office Box 2258

Ft. Myers, Florida 33902

Mr. Richard Sobel 3584 Central Avenue

Apartment 126

Ft. Myers, Florida 33901

================================================================= AGENCY FINAL ORDER

=================================================================

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

RICHARD SOBEL,

Petitioner,

vs. CASE NO. 77-1647

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,

Respondent.

/

FINAL ORDER

Pursuant to notice, an administrative bearing was held before Michael R.N. McDonnell, Hearing Officer for the Division of Administrative Hearings, at 9:00 am., on January 17, 1978, in the Fourth Floor Conference Room, City Hall, 2200 Second Street, Fort Myers, Florida.

Anthony N. DeLuccia, Jr., appeared as Counsel for Respondent, Department of Health and Rehabilitative Services, and Richard Sobel appeared in his own behalf.

Petitioner (hereafter Sobel) seeks licensure as a supervisor in the specialty of Chemistry under the provisions of the Florida Clinical Laboratory Law, Chapter 483, Florida Statutes. Respondent (hereafter HRS) has denied Sobel's application, thereby raising the question of Sobel's eligibility under Section 10D-41, F.A.C.

At issue is the sufficiency of Sobel's training as a Respiratory Therapist. HRS contends that Sobel's curriculum in that subject is insufficient to satisfy eligibility requisites. Sobel contends that his academic record fully qualifies him for the license he seeks.

FINDINGS OF FACT

1. Sobel has applied for a license under the provisions of the Florida Clinical Laboratory Law, Chapter 483, Florida Statutes, as a Laboratory personnel supervisor in the speciality of Chemistry, Respiratory Therapy. On August 23, 1977, Sobel was notified by HRS that his application was denied because he lacked a degree in Respiratory Therapy or in the alternative that he lacked seven years experience in Chemistry (special). On September 2, 1977, Sobel requested an administrative hearing.

   
   

2. Sobel has been given credit by HRS for six years experience in Chemistry (special).

   
   

3. Long Island University, Sobel's alma mater, conducts a respiratory therapist program of at least two years duration. This program is accredited by the Council on Medical Education of the American Medical Association.

   
   

4. In addition to his Bachelor of Science degree in Physical Education and his Master of Science degree in Health Science and Physical Education, Mr. Sobel successfully completed the requirements of training in Respiratory Therapy given by Long Island University.

   
   

5. In addition, Sobel is a registered Respiratory Therapist with the National Board of Respiratory Therapy, Inc., and has successfully completed the written registry examination for self assessment administered by the National Board for Respiratory Therapy

   
   

6. HRS recognizes that fourteen hours of Sobel's curriculum as reflected in his transcript of grades qualifies under the suggested basic units of instruction for a two year respiratory therapist program contained in the Allied Medical Directory. These general areas of study from the basis, in part, of accreditation by the council on Medical Education of the American Medical Association.

   
   

   CONCLUSIONS OF LAW

   
   

7. Sobel contends that he is qualified for the license he sees under the provisions of Rule 10D-41.24(14), F.A.C., subsections (a), (b) and (d).

   
   

8. As to subparagraph (a), although Sobel has at least four years of experience in Chemistry (special), he does not hold a Bachelors degree in a Respiratory Therapist training program. On the contrary, his degree is in

   Physical Education. As to subparagraph (d), Sobel has at least five years of experience in Chemistry (special), but has not successfully completed a one year respiratory therapy technician training course.

   
   

9. Contrary to the Hearing Officer's conclusion on subparagraph (b), Sobel has not completed two years of academic study in an accredited university in a respiratory therapist training program approved by the American Medical Association, Council on Medical Education. Though Petitioner received a certificate of completion of training in respiratory therapy from Long Island University, his transcript (Petitioner's Exhibit #4) fails to show the granting of a degree in this program. If Long Island University's standard four year respiratory therapist course had been successfully completed, a B.S. degree would have been awarded. Rather, Sobel completed courses sufficient for Long Island University to determine that the sum total of his training was an educational equivalent to their Respiratory Therapy program. Whether a student can be given credit for former courses, and thereby complete a standard course on an accelerated basis, is a decision left to the university's discretion. The American Medical Association, Council on Medical Education, has not undertaken to approve university standards for accelerating a student as part of its approval of respiratory therapist training programs. Therefore, Sobel's program of study has never received American Medical Association approval.

   
   

10. In the alternative, subparagraph (b), provides that a person shall be entitled to a supervisor's license if they have completed an equivalent accepted by HRS. HRS recognizes that fourteen hours of Sobel's curriculum as reflected in his transcript (Petitioner's Exhibit 4) qualifies under the suggested basic units of instruction for a two year respiratory therapist program contained in the Allied Medical Directory. However, this agency does not accept fourteen approved hours as an equivalent to the minimum sixty hours which is the general standard for licensure as a supervisor under this subparagraph.

    
    

11. Lastly, the Hearing Officers' recommendation that Sobel's application for licensure as a supervisor be granted, cannot be implemented without violating Chapter 10D-41.24(14)(f), Florida Administrative Code. As Sobel was not employed in a Florida laboratory on January 1, 1977, he must pass a written examination before a supervisor's license can be issued. At present, he has not taken the required examination.

Under the evidence presented at the hearing, petitioner is not entitled to licensure under Chapter 10D41.24(14), subsection (a, b, d), Florida Administrative Code.

THEREFORE, petitioner's application for a supervisor's license is denied. DONE AND ENTERED this 25th day of April, 1978, in Tallahassee, Florida.

STATE OF FLORIDA, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES

BY:

William J. Gage, Jr. Secretary

1323 Winewood Boulevard

Tallahassee, Florida 32301

COPIES FURNISHED:

Richard Sobel

3584 Central Avenue, Apt. 126 Fort Myers, Florida 33901

Anthony N. DeLuccia, Jr. HRS District VIII Counsel

P. O. Pox 2258

Fort Myers, Florida 33902

Michael R. N. McDonnell

DCA Division of Administrative Hearings Room 530, Carlton Building

Tallahassee, Florida 32304

Docket for Case No: 77-001647

Orders for Case No: 77-001647