STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JUDY BOLEY, )

)

Petitioner, )

)

vs. ) CASE NO. 78-385

)

DEPARTMENT OF HEALTH AND ) REHABILITATIVE SERVICES, STATE ) OF FLORIDA, )

)

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 June 30, 1973, in Rockledge, Florida.

The following appearances here entered. Judy Boley, the petitioner, who appeared on her own behalf; and Douglas E. Whitney, Orlando, Florida who appeared on behalf of the Respondent, Department of Health and Rehabilitative Services.

The petitioner has applied for licensure in the specialty of "Chemistry- Special, under the Florida Clinical Laboratory Law. She contends that she is eligible for licensure without the requirement for taking the test which is now required by the Respondent. The Respondent contends that the Petitioner is eligible for licensure, except that she must take and pass the required examination.

At the final hearing the Petitioner testified as a witness on her own behalf. The Respondent called Albert L. Dentz, a surveyor for the Clinical Laboratory Improvement Board as its only witness.

FINDINGS OF FACT

1. The Petitioner is a registered Nurse, and she is registered with a national organization as a respiratory therapist. A respiratory therapist works with patients who have respiratory, spinal, lung, or drug abuse problems. One procedure used by such therapists to determine if a patient is breathing properly is an arterio blood gas test. The petitioner has performed thousands of much tests. Until the Respondent adopted rules pursuant to the Florida Clinical Laboratory Law, there was no requirement for licensure to perform arterio blood gas tests. There is now a special category for licensure as a laboratory technologist in a specialty called "Chemistry-Special" which would qualify an individual to perform such tests, but no other clinical laboratory procedures.

   
   

2. The petitioner submitted an application for licensure in the "Chemistry-Special" specialty on September 29, 1977. She did not take the test

   required by the Respondent, and accordingly her license application has been denied.

   
   

   CONCLUSIONS OF LAW

   
   

3. The Division of Administrative Hearings has jurisdiction over the subject matter of this action and over the parties. Section 120.57(1), 120.60, Florida Statutes (1977).

   
   

4. Under Section 483.051, Florida Statutes (1977), the Respondent has the authority to require registration and licensing of medical laboratory personnel in various specialties, and to require that applicants for licensure pass examinations. The Department has promulgated such regulations, and requires that persons who perform arterio blood gas tests be licensed in a specialty called "Chemistry (Special)". Rule 10D-41.25(13) Florida Administrative Code. The rule sets out various qualifications that must be met by such persons, and provides that individuals who met such qualifications, and applied for licensure prior to June 30, 1977, would receive licenses without the necessity for taking any examination. Persons who applied after that date would be required to pass a written examination. Rule 10D-41.25(13)(f).

   
   

5. The Petitioner is not entitled to licensure without taking an examination, and she has not taken the examination. Accordingly her application for licensure should be denied.

RECOMMENDED ORDER

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

RECOMMENDED:

That a final order be entered denying the Petitioner's application for licensure as a technologist in the specialty of "Chemistry (Special)". It is recommended that the Petitioner reapply for licensure, and that she take the required examination.

RECOMMENDED this 27th day of July, 1978, in Tallahassee, Florida.

COPIES FURNISHED:

Douglas E. Whitney, Esquire

P. O. Box 3600

Orlando, Florida 32801

Judy Boley

P. O. Box 6

Rockledge, Florida 32955

G. STEVEN PFEIFFER Hearing Officer

Division of Administrative Hearings

101 Collins Building

Mail: 530 Carlton Building Tallahassee, Florida 32399-1550

(904) 488-9675

Docket for Case No: 78-000385

Orders for Case No: 78-000385