STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ELDA GIANNANTONIO, M. D., )

)

Petitioner, )

)

vs. ) CASE NO. 82-1480

)

DEPARTMENT OF PROFESSIONAL ) REGULATION, BOARD OF MEDICAL ) EXAMINERS, )

)

Respondent. )

)

RECOMMENDED ORDER

A hearing was held in the above-captioned matter, after due notice, on August 5, 1982, in Tallahassee, Florida, before Thomas C. Oldham, Hearing Officer.

APPEARANCES

For Petitioner: Elda Giannantonio, M.D.

27 Kohr Road

Kings Park, New York 11754

For Respondent: Chris D. Rolle, Esquire

Department of Legal Affairs The Capitol

Tallahassee, Florida 32301

ISSUE

Whether Petitioner's application for license to practice medicine by endorsement pursuant to Chapter 458, Florida Statutes, should be approved.

Petitioner appeared at the hearing unaccompanied by legal counsel and was advised of her rights and applicable procedures in administrative proceedings under Chapter 120, Florida Statutes. She elected to represent herself in this matter.

This case arises from the provisional denial of Petitioner's application for licensure by endorsement to practice medicine, pursuant to Chapter 458, Florida Statutes. By Respondent's Order, dated January 29, 1982, the application was denied pursuant to subsection 458.313(1)(d), Florida Statutes, on the ground that Petitioner had not been certified by licensure examination of the Federation of State Medical Boards of the United States, Inc., and is not certified by the National Board of Medical Examiners as having completed its examination within the ten years immediately preceding the filing of the application for licensure by endorsement. In its Order, Respondent advised Petitioner-of her right to petition for a hearing. Petitioner so requested a

hearing under Section 120.57, Florida Statutes, by letter to Respondent, dated May 2, 1982.

FINDINGS OF FACT

1. On October 1, 1981, Petitioner Elda Giannantonio filed an endorsement application with Respondent on a standard form provided by the agency, together with supporting documents and the standard application fee. (Exhibit 1)

   
   

2. By "Final Order" of the Board of Medical Examiners, dated January 29, 1982,which recited action taken by the Board on December 4, 1981, it was found that Petitioner had not been certified by licensure examination of the Federation of State Medical Boards of the United States, Inc., and is not certified by the National Board of Medical Examiners as having completed its examination within the ten years immediately preceding the filing of the application for licensure by endorsement. It was therefore concluded by the Board that Petitioner had not met the statutory requirements for licensure by endorsement pursuant to Section 458.313(d), Florida Statutes. In all other respects, Petitioner has met the necessary requirements for licensure by endorsement. (Testimony of Faircloth, Exhibit 1, Stipulation)

   
   

3. Petitioner was born and educated in Italy where she received her Medical degree in 1953. To be licensed by endorsement in Florida, a foreign graduate must have received a standard certificate after passing an examination given by the Educational Commission for Foreign Medical Graduates. Petitioner received such a certificate on March 28, 1962. (Testimony of Faircloth, Petitioner, Exhibit 1)

   
   

4. A statutory requirement of all applicants for licensure by endorsement is that the applicant must have been certified by licensure examination of the Federation of State Medical Boards of the United States, Inc. (FLEX) or certified by the National Board of Medical Examiners as having completed its examination; provided that said examination required shall have been so certified within the ten years immediately preceding the filing of the application for licensure. The National Board of Medical Examiners examination is administered only to students at Medical schools in the United States. Petitioner has not been certified by either licensure examination. All states, including Florida, recognize the FLEX examination as the standard test for licensure. (Testimony of Petitioner, Faircloth, Exhibit 1)

   
   

5. Petitioner was of the mistaken opinion that the fact she had Practiced medicine in New York and had been certified by the Educational Commission for Foreign Medical Graduates was sufficient to qualify her for licensure by endorsement, without the need for either National Board or FLEX certification. However, the instructions provided applicants by Respondent clearly showed that both requirements must be met by foreign graduates. (Testimony of Petitioner, Faircloth, Exhibit 2)

   
   

   CONCLUSIONS OF LAW

   
   

6. Section 458.313, Florida Statutes, prescribes the requirements for the issuance of a license by endorsement, provided that the applicant has met the qualifications for licensure in Section 458.311, Florida Statutes. The additional qualifications set forth in Section 458.313, Florida Statutes, have been met by Petitioner except for subsection 458.313(1)(d), which provides as follows:

   458.313 Licensure by endorsement. (1)

   * * *

   (d) Has been certified by licensure examination of the Federation of State Medical Boards of the United States, Inc. (FLEX) or certified by the National Board of Medical Examiners as having completed its examination; provided that such examination required shall have been so certified within the 10 years immediately preceding the filing of his application for licensure under this section.

   
   

   Petitioner admittedly has not met the above requirement. This being the case, Respondent had no alternative but to provisionally deny her application because the statutory provision does not provide for waiver or other discretionary action by the Respondent.

   
   

7. In view of the foregoing, it is concluded that Petitioner's application for licensure by endorsement should be denied.

RECOMMENDATION

That the application of Petitioner Elda Giannantonio for licensure by endorsement pursuant to Section 458.313, Florida Statutes, be denied.

DONE and ENTERED this 24th day of August, 1982, in Tallahassee, Florida.

THOMAS C. OLDHAM

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 24th day of August, 1982.

COPIES FURNISHED:

Elda Giannantonio, M.D.

27 Kohr Road

Kings Park, NY 11754

Chris D. Rolle, Esquire Department of Legal Affairs The Capitol

Tallahassee, Florida 32301

Dorothy J. Faircloth Executive Director

Board of Medical Examiners

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

Samuel Shorstein Secretary

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

Docket for Case No: 82-001480

Orders for Case No: 82-001480