STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

HELEN LOVELY, )

)

Petitioner, )

)

vs. ) CASE NO. 82-2809

)

DEPARTMENT OF PROFESSIONAL ) REGULATION, BOARD OF NURSING, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated hearing officer, James E. Bradwell, held a public hearing in this case on May 26, 1983, in Miami, Florida.

APPEARANCES

For Petitioner: Helen Lovely, pro se

18555 Southwest 94 Avenue

Miami, Florida 33157

For Respondent: Arthur C. Wallberg

Assistant Attorney General Department of Legal Affairs The Capitol

Tallahassee, Florida 32301 ISSUE

The issue posed for decision herein is whether or not the Petitioner's application for certification as an Advanced Registered Nurse Practitioner (ARNP) in the category of Nurse Midwife should be approved.

FINDINGS OF FACT

1. Based upon my observation of the witnesses and their demeanor while testifying, the depositions received in lieu of live testimony, post-hearing Exhibits received 1/ and the entire record compiled herein, I hereby make the following relevant findings of fact.

   
   

   BACKGROUND AND FINDINGS OF FACT

   
   

2. During early 1982, Petitioner submitted an application for licensure as an Advanced Registered Nurse Practitioner in the category of Midwifery. Petitioner's application was reviewed by the Respondent, Board of Nursing, on July 21, 1982. By letter of that date, Petitioner was advised that her application for certification as an Advanced Registered Nurse Practitioner did

   not meet the criteria for certification as set forth and defined in Section 464.012(1), Florida Statutes.

   
   

3. Specifically, Petitioner was advised that:

   
   

   1. The midwifery training that she completed in 1962 in England was note post-basic.

   2. Enrollment as a midwife on the Central Midwife's Board has not been recognized as an "an appropriate" specialty board for certifi- cation as an Advanced Registered Nurse Practitioner, and

   3. The master's degree preparation that Petitioner acquired is not from a program leading to a master's degree in a nursing clinical specialty area. (Petitioner holds a master's degree in Education)

   4. Petitioner was further advised that she had one other means of being certified. I.e., that "registered nurses who have received their midwifery training outside the United States may be certified if they have completed an American college of nurse midwifery approved refresher program and the registered nurse is deemed eligible to take the ACNM examination. [Rule 210-11.23(2)(c), Florida Administrative Code] (Petitioner's Exhibits 2 and 3)

   5. Petitioner is a currently licensed registered nurse in the State of Florida, having been issued license number 30882-2, on January 1, 1964, by examination. Further, Petitioner was admitted to the Central Midwives' Board (London, England) after successfully completing a one year course of training undertaken by pupils who had previously qualified as state- registered general trained nurses.

   6. Petitioner took a three years' course of general nurse training at Bedford General Hospital from 1957 through 1960 and commenced midwifery training on August 1, 1961, as confirmed in the verification of her training and enrollment as

      a midwife.

   7. Debra Fitzgerald, a resident of Atlanta, Georgia, on May 26, 1983, was previously employed by the Respondent, Board of Nursing, from July, 1980 to February, 1983, as a nursing consultant in the educational section dealing primarily with the certification of applicants in the field of ARNP.

   8. As part of her duties as an employee of the Respondent, Ms. Fitzgerald reviewed the application of the Petitioner for certification as an ARNP.

   9. Upon review of the Petitioner's application, it is determined that the program that the Petitioner attended in midwifery during 1961-1962 in England

      was not a formal post-basic program equivalent to the standards required of formal post-basic programs

      in this country. Rule 21D-11.24, Florida Administrative Code.

   10. Petitioner was given credit for a total of one hundred four (104) didactic hours and the Board requires a minimum of one hundred twenty (120) didactic hours for proof of the equivalent of a post-basic course requirement in obstetrical nursing. (Testimony of Fitzgerald [by deposition])

   11. Petitioner has not otherwise satisfied the criteria to be certified in keening with Rule

       21D-11.23(2)(c)1 or 2, Florida Administrative Code.

       
       

       CONCLUSIONS OF LAW

       
       

4. Section 464.012(1) , Florida Statutes, sets forth the basic requirements for Advanced Registered Nurse Practitioner certification by the Board as one or more of the following:

   
   

   1. Successful completion of a formal post-basic educational program.

   2. Certification by an appropriate specialty board, and/or

   3. Graduation from a master's program in nursing.

      
      

5. Petitioner has failed to demonstrate herein that she satisfies either of the above criteria for certification as an Advanced Registered Nurse Practitioner in the category of midwifery.

Based thereon, it is RECOMMENDED:

That the Petitioner's application for certification as an Advanced Registered Nurse Practitioner in the category of nurse midwife be DENIED.

DONE and ORDERED this 17th day of October, 1983, in Tallahassee, Florida.

JAMES E. BRADWELL, Hearing Officer 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 17th day of October, 1983.

ENDNOTE

1/ Pursuant to leave, the Petitioner was allowed ten (10) days following the close of the hearing to submit Exhibits which she contends support her position that she is eligible for certification as an Advanced Registered Nurse Practitioner. Those Exhibits were received by the undersigned on May 31, 1983 and were considered by me in preparation of this Recommended Order. Depositions of the Petitioners were received on July 11, 1983.

COPIES FURNISHED:

Ms. Helen Lovely 18555 SW 94 Avenue

Miami, Florida 33157

Arthur Wallberg, Esquire Department of Legal Affairs The Capitol

Tallahassee, Florida 32301

Docket for Case No: 82-002809

Orders for Case No: 82-002809