STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

NANCY BENAMATI, )

)

Petitioner, )

)

vs. ) CASE NO. 78-1864

) FLORIDA STATE BOARD OF NURSING, )

)

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 November 30, 1978, at Ft. Lauderdale, Florida.

APPEARANCES

For Petitioner: John R. Tanner, Esquire

2620 Hollywood Boulevard

Hollywood, Florida 33020

For Respondent: Julius Finegold, Esquire

1107 Blackstone Building

Jacksonville, Florida 32202

By letter dated September 25, 1978, Nancy Benamati, Petitioner, requested an administrative hearing to review the Florida State Board of Nursing, Respondent's, denial of Petitioner's application for licensure as an Advanced Nurse Practitioner. Petitioner generally contends she was wrongfully denied licensure by Respondent. At the hearing two witnesses, including Petitioner, were called by Petitioner, one witness was called by Respondent and 16 exhibits were admitted into evidence.

FINDINGS OF FACT

1. Petitioner became a Registered Nurse in 1965 and has been engaged in the nursing profession since that time. She was awarded a Bachelor of Science in nursing in 1975 from Florida International University and is presently enrolled in the masters of nursing degree program at the University of Miami.

   
   

2. In 1973 Petitioner enrolled in the Primary Care Nurse Practitioner program at the University of Miami and successfully completed the six months program in December 1973. During this program she received 1,000 hours training.

   
   

3. Upon completion of this training, Petitioner was eligible for licensure as an Advanced Nurse Practitioner but did not apply for registration at that time although she worked as a Nurse Practitioner immediately upon completion of the training.

4. From January 1974 to March 1977 Petitioner worked at Jackson Memorial Hospital at Miami as an Advanced Family Nurse Practitioner. During this period she received actual instruction of approximately one hour per day for a total of some 710 hours in duties of Nurse Practitioner in addition to the daily experience gained working as a Nurse Practitioner.

   
   

5. In 1977 Petitioner moved to Colorado where she worked as a Nurse Practitioner from October 1977 until April 1978 for the Rocky Mountain Planned Parenthood organization and the Mountain Community Medical Clinic. In the latter position she manned a clinic that was some 30 to 40 miles from the nearest doctor and communicated with the doctor by telephone in diagnosing and treating patients. She worked some 348 hours in this position. Additionally, Petitioner taught in the Nurse Practitioner program at the University of Colorado one to three days per week from January until May 1978.

   
   

6. Upon Petitioner's return to Florida in May 1978 she applied for licensure as an Advanced Nurse Practitioner and was denied licensure because the regulations were changed effective March 31, 1978, to require a one-year educational training program in lieu of the six months program completed by Petitioner.

   
   

7. The current approved program at the University of Miami provides some 1,105 hours of training similar to the training Petitioner obtained at the earlier course.

   
   

   CONCLUSIONS OF LAW

   
   

8. The Division of Administrative Hearings has jurisdiction over the parties and subject matter of these proceedings.

   
   

9. Section 464.051, Florida Statutes, authorizes the Respondent to adopt rules which set criteria and standards for approving curricula and programs preparing persons for licensure as nurses. In accordance with this authority, Respondent adopted Rule 210-11.04 establishing the requirements for certification as an Advanced Registered Nurse Practitioner. This rule includes the following requirements upon which Respondent denied licensure to Petitioner:

   
   

   (2)(a) Satisfactory completion of a formal education program [which shall be at least one academic year in length (nine months full time)].

   (3) Applicants not meeting specific educational requirements as outlined in these rules and appendix may be considered on an individual basis by the Board for equivalency of education and experience.

   
   

10. As noted in the findings above Petitioner completed an educational curriculum of 1,000 hours instruction and the currently approved educational curriculum contains 1,105 hours. In addition, Petitioner has obtained more than

    100 hours of instruction while working as a Nurse Practitioner in Miami, obtained additional training and experience for approximately one year in Colorado, and has worked almost continually as a Nurse Practitioner since January 1974, a period of time approaching five years.

11. Petitioner's training and experience subsequent to the completion of the 1,000 hours educational training in December 1973 more than compensates for the additional 105 hours educational training she would receive if enrolled in the currently approved program.

From the foregoing it is concluded that Nancy Benamati has had additional educational training and experience beyond the 1,000 hours formal education program she completed at the University of Miami in December 1973 and is fully qualified for licensure as an Advanced Nurse Practitioner. It is, therefore,

RECOMMENDED that Nancy Benamati he issued a certificate of registration as an Advanced Nurse Practitioner.

DONE and ENTERED this 22nd day of December, 1978, in Tallahassee, Florida.

K. N. AYERS, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301

(904) 488-9675

COPIES FURNISHED:

John R. Tanner, Esquire 2620 Hollywood Boulevard

Hollywood, Florida 33020

Julius Finegold, Esquire 1107 Blackstone Building

Jacksonville, Florida 32202

Docket for Case No: 78-001864

Orders for Case No: 78-001864