STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MARTA PRADO, R.N., )

)

Petitioner, )

)

vs. ) CASE NO. 78-1876

)

BOARD OF NURSING, STATE OF )

FLORIDA, )

)

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 11:30 a.m., on November 17, 1978, in Room 360, State Office Building, 1350 N.W. 12th Avenue, Miami, Florida.

APPEARANCES

For Petitioner: Marta Prado, pro se

2201 Brickell Avenue

Miami, Florida 33129

For Respondent: Julius Finegold, Esquire

1107 Blackstone Building

Jacksonville, Florida 32202

Petitioner, Marta Prado (hereafter Prado), seeks certification as an advanced registered nurse practitioner. Respondent, Board of Nursing (hereafter Board), seeks to deny Prado's application for certification on two grounds.

First, that Prado does not meet the present educational requirements for such certification and, second, that Prado's request to be certified prior to the invocation of the present educational requirements was untimely filed.

FINDINGS OF FACT

1. Between November 30, 1977, and December 6, 1977, Prado completed the Board's application for certification as an advanced registered nurse practitioner, in the category of family nurse practitioner. Prado was under the impression that her application was mailed shortly after its completion, however, the person to whom Prado gave the application for mailing did not do so. The application was discovered in Prado's desk on or about April 16, 1978. The application was then mailed to the Board and it was received on May 2, 1978.

   
   

2. Among the requirements for certification of advanced registered nurse practitioners contained in Rule 210-11.04, Florida Administrative Code, is satisfactory completion of a formal education program conforming to program guidelines contained in the appendix to the cited Rule. The appendix provides

   in part that the program of study shall be at least one academic year in length (9 months full-time).

   
   

3. On January 1, 1974, Prado completed the University of Miami School of Nursing and Medicine's six month advanced nursing practice course. At one of its meetings the Board established a policy that nurses completing such a program with all requirements except the one academic year length stipulation would, if otherwise qualified, be accepted if their application was made by March 31, 1978. This policy was never adopted as a rule. In fact, all nurses who had taken the same course as that taken by Prado, and who submitted their applications by March 31, 1978, were accepted for certification as advanced registered nurse practitioners.

   
   

4. Thee evidence shows that the only difference between the six month course attended by Prado and others and the one year course now required as a condition for acceptance is its calendar length. The substantive content of the two courses is identical. That is to say, the one year course simply takes three months longer to teach the same subject matter as the six month course. The evidence further indicates that, had Prado's application been timely filed, she most probably would have been certified by the Board.

   
   

   CONCLUSIONS OF LAW

   
   

5. If Prado's application is denied by the Board, the result will be that she will be required to attend the "one year advanced nursing practice course prior to certification. This means that an apparently fully qualified candidate must now repeat the identical curriculum she has already mastered. Such a result would be less than appropriate and would exalt form over substance.

   
   

6. The policy of the Board relating to the academic exception for certification was not adopted as a rule. Accordingly, the same justification used for adoption of the policy would also give the Board discretion to make exceptions in the interests of certifying qualified practitioners. This, combined with the fact that Prado inadvertently missed the deadline imposed by Board policy, mitigates in favor of Prado's certification. It is, therefore,

RECOMMENDED that the Board accept Prado's application, determine if she is otherwise qualified and, if so, certify her as an advanced registered nurse practitioner.

DONE and ENTERED this 29th day of March, 1979, 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:

Marta Prado

2201 Brickell Avenue

Miami, Florida 33129

Julius Finegold, Esquire 1107 Blackstone Building

Jacksonville, Florida 32202

Docket for Case No: 78-001876

Orders for Case No: 78-001876