STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CAROLYN A. KEEGAN, )

)

Petitioner, )

)

vs. ) CASE NO. 80-1860

)

FLORIDA BOARD OF NURSING, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, an administrative hearing was held before DONALD R. ALEXANDER, the assigned Hearing Officer for the Division of Administrative Hearings, on December 8,1980, in St. Petersburg, Florida.

APPEARANCES

For Petitioner: Carolyn A. Keegan

11839 108th Avenue, North Largo, Florida 33540

For Respondent: Linda A. Lawson, Esquire

Assistant Attorney General The Capitol, LL04 Tallahassee, Florida 32301

By application dated June 12, 1980, Petitioner sought endorsement as a licensed practical nurse with the Florida Board of Nursing. On July 11, 1980, the Respondent advised Petitioner her application was denied on the grounds she had been previously licensed in another State on the basis of experience (waiver) without having met standards comparable to those required in Florida. Section 464.009(1)(a), Florida Statutes. Petitioner then requested a formal hearing pursuant to Section 120.57(1), Florida statutes, on July 28, 1980. This request was forwarded to the Division of Administrative Hearings on October 7, 1980.

The issue for determination herein is whether Petitioner's application as a licensed practical nurse should be granted.

FINDINGS OF FACT

1. Petitioner, Carolyn A. Keegan, is a licensed Practical nurse in the State of Maine and has been since October 10, 1947, when that State first began licensing nurses.

   
   

2. Petitioner attended the Eastern Maine General School of Nursing between September, 1940, and June, 1942, but did not graduate. She has been employed as a nurse since that time.

3. When the State of Maine began licensing nurses in 1947, Petitioner was grandfathered in as a licensed practical nurse without being required to take an examination or graduating from an accredited nursing program.

   
   

4. On June 12, 1980, Petitioner applied for licensure as a licensed practical nurse in the State of Florida by endorsement. This application was denied by the Board of Nursing on July 11, 1980.

   
   

   CONCLUSIONS OF LAW

   
   

5. The Division of Administrative Hearing has jurisdiction of the parties and the subject matter of this cause pursuant to Section 120.57(1), Florida Statutes.

1. Section 464.009(1)(a), Florida Statutes, provides as follows:

   
   

   1. The department shall issue the appropriate license by endorsement to practice professional or practical nursing to an applicant who, upon applying to the department and remitting a fee by the board not to exceed $100, demonstrates to the board that he:

      1. Holds a valid license to practice professional or practical nursing in another state of the United States, provided that when the applicant secured his original license, the requirements for licensure were substantially equivalent to or more stringent than those existing in Florida at that time; (Emphasis added)

         
         

2. When the Petitioner secured her original license in 1947, the requirements for licensure in the State of Florida as a licensed practical nurse were set forth in Section 464.09, Florida Statutes (1947) as follows:

   
   

   Before any person except those specifically excepted in this chapter, shall be given

   a certificate of registration such person shall be required to take an examination from the State Board of Examiners for Nurses to determine her qualifications as a trained nurse, and shall pass the same to the satisfaction of the Board.

   
   

3. Accordingly, in 1947 an examination was required by the State of Florida for licensure as a practical nurse. However, such applicants were not required to graduate from an accredited nursing school. Section 464.07, Florida Statutes (1947).

   
   

4. The State of Maine began regulating the nursing profession by licensure in 1947. Those persons then practicing that profession, including Petitioner, were grandfathered in by the Maine Board of Nursing without the necessity of taking an examination or successfully completing an approved nursing program. Consequently, Petitioner received her license without completing an approved nursing program or passing an examination, the latter of which was then required by the State of Florida. Section 464.09, Florida Statutes (1947).

5. Having obtained her original license in Maine without meeting licensure requirements substantially equivalent to or more stringent than those existing in Florida at the same time, the application should be denied.

   
   

6. In light of the time that has transpired since filing her original application, and the Petitioner's acknowledged willingness to take an examination, if such is required for licensure, Petitioner should be afforded the opportunity to do so at the earliest practicable time.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the application of Carolyn A. Keegan for licensure as a

licensed practical nurse be denied. It is further

RECOMMENDED that Petitioner be permitted to take the appropriate examination at the earliest practicable time.

DONE and ENTERED this 8th day of January 8, 1981, in Tallahassee, Florida.

DONALD R. ALEXANDER

Hearing Officer

Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301

(904) 488-9675

COPIES FURNISHED:

Ms. Carolyn A. Keegan 11839-108th Avenue, North Largo, Florida 33540

Linda A. Lawson, Esquire Assistant Attorney General The Capitol, LL04 Tallahassee, Florida 32301

Docket for Case No: 80-001860

Orders for Case No: 80-001860