Immediately prior to the hearing the parties submitted a stipulation as to a portion of the facts as follows:
The parties hereby agree that the follow- ing facts are true for the purposes of this proceeding:
Petitioner is licensed to practice Psychology in the State of Illinois, holding License No. 72-604. The date of issuance of
his license was 8 March 1965.
Petitioner's application for licen- sure contained all information necessary for respondent to make a determination as to his entitlement for licensure.
On 15 April 1978 respondent denied petitioner's application on the grounds that he did not have a doctoral degree in Psycho- logy and that the standards for licensure in the State of Illinois were not at least equal to the standards for licensure in the State of Florida.
On 21 October 1978 respondent denied petitioner's application for licensure on the grounds that his degree was not from an Ameri- can Psychological Association approved program nor from a program that was equivalent thereto.
On 15 April 1978 respondent approved an application for licensure under special con- ditions on behalf of Dr. Thomas A. Guest, based upon his licensure in the State of Illinois.
On 18 October 1977 respondent approved an application for licensure under special con- ditions on behalf of Dr. Lois M. Mueller, based upon Dr. Mueller's licensure in the State of Illinois.
Petitioner complies with the require- ment contained in s. 490.19(1)(a), Florida Statutes, for good moral character.
Petitioner complies with the require- ment of s. 490.19(1)(b), Florida Statutes, in that he conforms to the ethical standards of the profession as adopted by the Board.
Petitioner received his license in Illinois by virtue of a grandfather clause con- tained in that act.
Petitioner has never taken the exami- nation referred to in respondent's rules as the PES exam.
Petitioner does not meet the requir- ments of Rule 21U-2.05(1)(a)1, being a requirement for 90 hours of graduate study.
Petitioner does not have a doctoral degree in Psychology from a program approved by the American Psychological Association.
It was further stipulated that Petitioner's Exhibits 1 through 9, attached to the foregoing Stipulation as documentation, would not be objected to on grounds of authenticity, and that the depositions of Dr. Robert Zellar and Dr. Albert Ellis would be taken by deposition and the record closed only after receipt by the Hearing Officer of said depositions. Both depositions have been received by the Hearing Officer.
Petitioner, a resident of Springfield, Illinois, and a licensed psychologist in Illinois since 1965, requested an administrative hearing after the second denial by the Respondent Board of his application for licensure as a psychologist in the State of Florida.
Petitioner also requested a hearing on whether he would be eligible to take the Florida psychology examination. This issue has not been determined by the Respondent Board, but no objection was raised as to having said issue determined at this administrative hearing.
After Respondent Board denied the application of Petitioner for licensure in April of 1978, Petitioner obtained an Ed.D. degree in human services and reapplied to Respondent for licensure in October, 1978. He was again denied licensure. The Respondent Board denied both applications for licensure by the Petitioner on the grounds that he failed to meet the educational requirements of Florida. The finding of the Respondent was based on:
Petitioner's degree does not have a major in psychology from an accredited university.
Petitioner's degree does not have a major in psychology from a university maintaining a standard of training comparable to an American Psychological Association accredited university due to the fact that:
Petitioner received an Ed.D in Higher Education not a Ph.D in psychology.
Petitioner has only two (2) semesters of full-time study, and those were predomi- nantly of a practical nature. A comparable program requires at least two (2) years
(four [4]) semesters of full-time study or ninety (90) semester hours; sixty (60)
of those should be designed as preparation for the professional practice of psychology, of which at least forty-two (42) shall be
in any five basic areas as detailed in Chapter 21U-2.05(2)(a)(2), F.A.C.
Respondent Board refused Petitioner a license only after an individual appraisal of the program cited by the Petitioner in his application.
Petitioner Gullo holds a Masters degree in clinical psychology from Bradley University in Peoria, Illinois, awarded in 1964. Bradley University does not have an American Psychological Association approved program in psychology. The Petitioner was licensed to practice psychology in 1965, under Illinois Statute, Title 91 1/2 Section 411(a). His licensure was granted under the grandfather clause of that statute, which permitted licensure of those holding a Masters degree on the effective date of the statute. The statute increased the requirements to a doctorate degree thereafter.
Petitioner has practiced as a psychologist or taught in Illinois at various institutions since shortly after his licensure, and has been employed in his own clinic since receiving his degree from the University of Sarasota in 1975.
Petitioner was awarded an Ed.D. degree in 1975, from the University of Sarasota in Sarasota, Florida, with a major in human relations, while he was practicing psychology in Illinois. The University of Sarasota does not have an American Psychological Association approved program in psychology. One of the
reasons the Petitioner chose to obtain a degree from the University of Sarasota was so that he could continue to work in Illinois while fulfilling the school's requirements. Most of the work for his degree was done off campus in a directed research and seminar type of study. Actual campus study consisted of a few weeks' instruction.
The University of Sarasota is a "non-traditional" university. Such "non-traditional" universities are held to be not acceptable to provide required professional training by the American Psychological Association. The students use their home libraries or use university libraries near their respective homes for the remainder of their work. The University of Sarasota offers the Ed.D. (doctorate of education) degree, the M.A. (master of arts in education) degree, and the M.Ed. (master of education) degree. Since the time Petitioner Gullo received his degree in 1975, the required hours for the doctorate degree in education have been increased to 90 hours. The University does not have a program in psychology, and no studies in basic psychology are taught there. There are no full-time teachers, and the students are nation-wide residents. Class work is accomplished during two (2) to four (4) weeks during the summer.
The University of Sarasota has not been accredited by any accrediting organization, although it has been licensed by the Florida State Board of Independent Colleges. The American Psychological Association has never approved a "non-traditional" type of university.
Petitioner Gullo has 74 hours of graduate study and 27 hours of basic psychology. Petitioner has not had one year of supervised experience since receiving his doctorate, but has been working in his own clinic. Petitioner has never taken the Professional Education Service examination.
Dr. Robert H. Zellar, a professor of human development counseling and professor of humanities at Southern Illinois School of Medicine, directed Petitioner Gullo's doctoral study. This study was done in "rational emotive psychoterapy." The degree was in human services, which is a broad generic term, rather than the strict academic specialization required for a degree in psychology. Dr. Zellar found Dr. Gullo competent to teach emotive psychotherapy on two occasions at the university at which Dr. Zellar was employed.
Dr. Albert Ellis, a psychologist and psychotherapist, and Executive Director of the Institute for Rational Emotive Therapy in New York, New York, has known the Petitioner since 1963, or 1964. He has observed Dr. Gullo in clinical situations six (6) or seven (7) times. Each of those times he observed Dr. Gullo in clinical situations in all-day workshop situations. Those workshops observed by Dr. Ellis were during the period 1964, to 1976, or 1977. It was Dr. Ellis' opinion that Dr. Gullo is a "very competent psychologist and psychotherapist."
Dr. John W. French, Dean of Education at the University of Sarasota, and the director of Petitioner's doctoral program, stated that in his opinion any student should be allowed to take a test to show what he knows regardless of his educational background.
In reference to the library at the University of Sarasota, Dr. French stated that it is a "specialty" library, and its specialty is to get students started on dissertations. Primarily, the library is useful in aiding each student to work up a bibliography. Prior to the arrival of Dr. French in 1976, the assignment of students to dissertation advisors and the assignment of dissertations to readers was based more on whether a member of the faculty had
recently received and read a number of dissertations, and whether it was that person's turn to get another dissertation rather than upon the expertise of the faculty member. A schedule of fees paid to the faculty for services include:
$40.00 for each dissertation read and critiqued;
$10.00 for each dissertation proposal read and critiqued; and
$50.00 per half-day teaching in Sarasota.
Dr. Thomas A. Guest and Dr. Lois M. Mueller were approved for licensure under special conditions by the Respondent Board after it examined the applications submitted by the applicants and found that they had each been licensed by the State of Illinois pursuant to that state's current laws which require, among other things, a doctorate degree in psychology.
Both parties submitted proposed findings of fact, memoranda of law and proposed recommended orders. These instruments were considered in the writing of this Order. To the extent the proposed findings of fact have not been adopted in, or are inconsistent with, factual findings in this Order they have been specifically rejected as being irrelevant or not having been supported by the evidence.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction of this cause pursuant to Section 120.57, Florida Statutes.
Section 490.22 Licensing under special conditions.-- provides as follows:
(2) The board may waive the examination for appli- cants who present proof of current certification or license in a state which has standards at least equal to those for licensure in Florida, and such applicants are entitled to receive a license and license certificate upon payment of the fees pro- vided for in s. 490.18.
Pursuant to the foregoing statute, Rule 21U-2.09 Licensing under Special Conditions.-- was promulgated and provides in part:
(1) All applicants for licensure under special conditions, pursuant to Subsection 490.22, F.S., will be considered on an individual basis by the board at the meeting immediately following receipt of the complete application. Such applications shall be approved by the board by a majority vote of those members present. . . .
Applicants for licensure in Florida may request that the board waive its examination requirement if they hold a current certificate of registration or license in another state.
The Board will waive its examination under the following conditions:
The applicant demonstrates to the board that he holds a current, valid certificate of
registration or license to practice psychology from another state and currently meets the standards set out in Subsection 490.19(1)(a), F.S.
(e) A copy of the license or certificate certified by the examining board of the sister state shall be sufficient;
The applicant demonstrates to the board that his license or certification was obtained by meeting qualifications or standards at least equal to the following:...
Has received a doctoral degree with a major in psychology from a university that has a program approved by the American Psychological Association or has received a doctoral degree in psychology from a university maintaining a standard of training comparable to those universities having programs approved by the American Psychological Association;
Has had at least two years or four thousand hours' full-time experience in the field of psychology in association with, or under the supervision of, a psychologist meeting the academic and experience requirements of this chapter. No more than one year of pre-doctoral experience may be utilized in satisfying the experience required.
Has passed the National PES examina- tion in psychology with a score in the 35th percentile or more.
The burden shall be upon the applicant in all cases to prove to the satisfaction of the board that the applicant's qualifications meet the requirements of Subsections 490.19(1) and 490.22(1) and (2), F.S. and these rules.
Petitioner Gullo fails to meet the requirements of the foregoing statute and rule. It is concluded that the foregoing statute requires that a license must have been issued to a recipient under a statute which was at that time equal to the current Florida standards in order to be entitled to receive a license under a reciprocal arrangement. Petitioner's application for licensure under special conditions should be denied.
Section 490.19 Qualifications of applicants for examination; examination of applicants; subject, etc.-- provides:
The board shall examine by written or oral examination, or both, under such rules and regula- tions as the board may prescribe, every applicant for examination as a psychologist who has paid the fees specified in s. 490.18 and satisfied the board that he:...
Has received a doctoral degree with a major in psychology from a university that has a program approved by the American Psychologi- cal Association or has received a doctoral
to:
degree in psychology from a university main- taining a standard of training comparable to those universities having programs approved by the American Psychological Association;
Has had at least 2 years' or 4,000 hours' full-time experience in the field of psycho- logy, in association with, or under the supervision of, a psychologist meeting the academic and experience requirements of this chapter. The experience requirement may be
met by work performed on or off the premises of the supervising psychologist. No more than
1 year of predoctoral experience may be utiliz- ed in satisfying the experience required.
Rule 21U-2.04 Qualifications of Applicant. provides as follows:
When, in the view of the Board, the doctoral degree of the candidate is not clearly awarded in psychology, the Board will require the applicant to obtain clarification of the degree from the office of the dean of the graduate school at the degree granting institution, querying specifically whether the doctoral degree was awarded with a major in psychology. When the degree is in psy- chology, but not from a program approved by the American Psychological Association, the compara-
bility of the standard of training at the candidate's degree granting institution will be determined by
the guidelines outlined in Rule 21U-2.05.
Rule 21U-2.05 Acceptable Graduate Training., Subsection (1)(b), refers
... This type of training in the main univer- sities which are well staffed, have adequate library facilities, and a complete program as specified by the Education and Training Board of the American Psychological Association
and are presumably very close in point of time to gaining complete approval.
Rule 21U-2.05 further provides:
The following guidelines and procedures shall be applied in determining whether or not a candidate's doctoral degree with a major in psychology is from a program maintaining a standard of training comparable to that of an approved university:
Curriculum: A course of study of at least three academic years leading to the doctoral degree shall be offered. Each academic year shall be at least eight months in duration. In addition, the following requirements shall be met:
The curriculum shall include seminars, tutorials, or course work at the graduate level representing at least two years of full-time study or ninety (90) semester
(or equivalent quarter or trimester) hours.
The foregoing study shall include at least sixty (60) semester hours (or equi- valent quarter or trimester hours) designed as preparation for the professional prac- tice of psychology. At least 42 of these semester (or equivalent quarter or trimes- ter) hours shall be in any five basic areas selected from: experimental psychology, developmental psychology, individual dif- ferences, psychological tests and measurements, social psychology, statistical methods, history and systems of psychology, design of research, personality theory, learning theory, physiological psychology, abnormal psychology, comparative psychology, motivation, and perception. The remaining eighteen (18) required semester (or equivalent quarter or trimester) hours
in psychology shall be either in the foregoing basic areas and/or in the methods of interviewing, counseling or psychotherapy; of the constructing, administering, or interpreting tests
of mental abilities, aptitudes, interests. attitudes, personality, characteristics, emotions or motivations; or of assessing public opinion. No more than nine (9)
of these forty-two (42) semester (or equivalent quarter or trimester) hours shall be credited in any one of the aforementioned basic areas, methods or procedures of psychology.
Petitioner's doctoral degree from the University of Sarasota is not a degree in psychology and does not constitute a degree comparable to a degree in psychology from a university maintaining a standard of training comparable to those univer- sities having programs approved by the American Psychological Association. The application of Petitioner Gullo to take the examination for licensure as a psychologist in the State of Florida should be denied.
