STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

AMITA A. PATIL, )

)

Petitioner, )

)

vs. ) CASE NO. 77-1648

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

This case was heard at the Dade County Health Department Conference Room, 1350 NW 14th Street, Miami, Florida at 10:00 A.M. on October 26, 1977 by Stephen

1. Dean, assigned Hearing Officer of the Division of Administrative Hearings. The record in this cause was held open to permit the late filing of exhibits by both Petitioner and Respondent. This matter was heard upon the Petitioner's petition for a formal hearing subsequent to denial of her licensure as a medical technologist by the Respondent pursuant to the provisions of Chapter 483, Florida Statutes, and Rule 10D-41.25 Florida Administrative Code. The issue presented is whether the Petitioner, Amita A. Patil, meets the criteria for licensure as a medical technologist as stated in Rule 10D-41.25 F.A.C.

   
   

   APPEARANCES

   
   

   For Petitioner: Mrs. Amita A. Patil

   3565 Northwest 36th Street, D 420

   Miami, Florida 33142

   
   

   For Respondent: Leonard Helfand, Esquire

   Department of Health and Rehabilitative Services

   1320 South Dixie Highway Coral Gables, Florida 33146

   
   

   FINDINGS OF FACT

   
   

   1. Amita A. Patil submitted her application for licensure as a medical technologist pursuant to Rule 10D-41.25, F.A.C.

      
      

   2. The Department of Health and Rehabilitative Services denied her application for licensure as a medical technologist asserting that Patil failed to demonstrate that she had the necessary educational and experience requirements to be licensed.

      
      

   3. Patil requested a hearing on the Department's denial asserting that she possessed the necessary qualifications for licensure.

   4. Patil presented evidence at the hearing that she graduated with a BS in microbiology from the University of Poona, Poona, India and had had one year experience with a pharmaceutical firm after her graduation.

      
      

   5. The Department of Health and Rehabilitative Services presented evidence that the International Educational Research Foundation, Inc. (IERFI) had evaluated Patil's educational credentials and had determined that Patil had less than 60 semester hours of equivalent credit.

      
      

   6. Patil presented her transcripts from the University of Poona and a letter from one of her professors who was experienced with American universities. Her former professor stated that Patil had the equivalent of a 4 year college degree from an American university. Patil subsequently introduced as a late-filed exhibit an outline of the hours she spent in class while at the University of Poona.

      
      

   7. Department of Health and Rehabilitative Services presented as a late- filed exhibit a reevaluation by IERFI of the transcripts presented by Patil at the hearing. The IERFI determined that Patil had "at least 60 semester hours of credit with at least 57 hours credit in microbiology, chemistry, and botany." The evaluation by IERFI did not state the exact number of equivalent semester hours Patil had.

      
      

   8. The Department of Health and Rehabilitative Services reevaluated Patil's application based upon the second evaluation by IERFI, and based upon Patil's having at least 60 semester hours and one year's experience at Karhpha Pharmaceuticals India and denied Patil's application because she did not meet the requirements of Rule 10D-41.25 F.A.C.

      
      

      CONCLUSIONS OF LAW

      
      

   9. Rule 10D-41.25 provides several different means of qualifying for licensure as a medical technologist. These criteria are based upon a sliding scale of educational requirements and experience requirements. The more educational background an applicant has, the less experience is required and vice versa.

      
      

   10. Subsection 3 of Rule 10D 41.25 provides for licensure of applicants holding a B.S. degree in chemical, physical, or biological sciences from an accredited college or university and having at least one year's pertinent experience covering the specialties or subspecialties in which the individual has attained the equivalent of the education and training of a four year-degree. The University of Poona is not an accredited university by any of the accreditation bodies recognized by the Department of Health and Rehabilitative Services. Because of this, Patil's academic records were sent to the IERFI for evaluation. The best evaluation by IERFI of Patil's academic record indicate that she has at least 60 semester hours of credit; however, this evaluation did not state that she had the equivalent of a BS degree. Patil therefore fails to qualify under the provisions of subsection 3 of Rule 10D-41.25 F.A.C.

       
       

   11. With at least 60 semester hours credit Patil could qualify for licensure under subsections (5) (6) (7) (8) or (9) of Rule 4D-41.25 Florida Administrative Code, if Patil met the additional experience requirements at provided in those subsections. Patil does not meet any of the additional provisions.

   12. As an applicant for licensure, Patil carries the burden to show that she is qualified for licensure. Although Patil presented evidence that she is a graduate of a four-year university and holds a Bachelor of Science degree in microbiology, she has failed to show that she meets the criteria of Rule 10D-

41.25 F.A.C.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law the hearing officer recommends that the application of Amita A. Patil be denied.

DONE and ORDERED this 7th day of February, 1978, in Tallahassee, Florida.

STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Leonard Helfand, Esquire Department of Health and

Rehabilitative Services 1320 South Dixie Highway Coral Gables, Florida 33146

Mrs. Amita A. Patil

3565 Northwest 36th Street D 420

Miami, Florida 33142

Docket for Case No: 77-001648

Orders for Case No: 77-001648