STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MICHAEL F. GERAGHTY, )

)

Petitioner, )

)

vs. ) CASE NO. 82-3142

)

DEPARTMENT OF PROFESSIONAL )

REGULATION, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing in Naples, Florida, on April 18, 1983, before the Division of Administrative Hearings and its duly appointed Hearing Officer, R. T. Carpenter. The parties were represented by:

APPEARANCES

For Petitioner: Daniel D. Peck, Esquire

Suite A-204, Park Square 4089 Tamiami Trail, North Naples, Florida 33940

For Respondent: Drucilla Bell, Esquire

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

This matter arose on Respondent's denial of Petitioner's application for licensure by exception as a marriage and family therapist. The parties submitted proposed findings of fact which are incorporated herein to the extent they are relevant and consistent with the evidence.

FINDINGS OF FACT

1. Petitioner received his M.A. degree from New School of Social Research, Graduate Faculty of Political and Social Science in New York, New York, in sociology.

   
   

2. He received further training in counseling as part of a Ph.D. program in clinical psychology at the Florida Institute of Technology.

   
   

3. He is scheduled to receive his Ph.D. this year, having completed all coursework.

   
   

4. Petitioner worked as a counselor under the supervision of Dr. Limbillo of the Naples Community Hospital Mental Health Clinic, in 1973 and 1974.

5. He also worked as a counselor under the supervision of Dr. Hughes from 1975 to 1977 and Dr. Roca from 1977 to 1979.

   
   

   CONCLUSIONS OF LAW

   
   

6. Rule 21U-500.07, Florida Administrative Code (1982), provides as follows:

   
   

   1. For Licensure by Exception

      1. A master's or doctoral degree in marriage and family therapy, psychology, clinical social work, sociology in the family, family life ed- ucation, mental health counseling, or

      2. A master's or doctoral degree in a closely comparable field of study emphasizing marriage and family therapy as utilized in section 490.005

         (2)(b)2., F.S., which shall be defined as a planned, supervised, and intergrated program containing

         the following coursework:

         1. Evaluation.

         2. Research.

         3. Appraisal.

         4. Assessment.

         5. Testing procedures.

      3. A supervised practicum and/or internship and/or field experience, in a counseling setting. This requirement may be met by a practicum/intern- ship/field experience which took place outside the academic arena but which is certified as

      equivalent to a similar program within an academic program approved by the United States Department of Education. Such certification shall be re- quired from an official of the accredited college or university.

   2. Coursework which is taken at the baccalau- reate level and is considered a part of an accredited program which has an approved curriculum for licensure as a marriage and family therapist, and which is required for completion of the master's degree program may be applied toward the educational requirements for licensure.

      
      

7. Petitioner does not meet the requirement established by Subsection (1)(a) above, in that his master's degree is in "sociology" and not specifically "sociology in the family." He must therefore demonstrate that he meets the alternative requirement set forth in Subsection (1)(b), which credits a graduate degree in a "closely comparable field of study emphasizing marriage and family therapy. . . ." He must also meet the coursework requirement of Subsection (1)(b), above.

   
   

8. Petitioner's graduate degree is in sociology. There was nothing offered to establish that his studies emphasized marriage and family therapy except his own self-serving testimony. Respondent has reasonably requested that documentation to establish course content be furnished. Petitioner was afforded an opportunity to provide this documentation subsequent to hearing, but failed to do so. Therefore, Petitioner has not demonstrated that his master's degree meets the requirements of Subsection (1)(b), above.

9. Petitioner offered Ph.D. courses taken subsequent to award of his master's degree in support of the coursework required under Subsection (1)(b), above. Respondent contends that Petitioner's coursework fails to meet the 18 specified hours required under former Rule 21U-500.07, F.A.C. However, this rule was amended in 1982 and no longer requires these 18 hours. Respondent's contention that the Florida Administrative Code is in error was not supported by any evidence and is rejected.

   
   

10. Respondent further objects to Petitioner's coursework on the grounds that the specified studies required under the current Rule Subsection (1)(b) must have been taken in the graduate program where his degree was awarded. Petitioner does not deny that this is the stated requirement of Subsection (1)(b), but argues that Ph.D. coursework is at least equal to that required at the master's level and more demanding than the baccalaureate coursework permitted under the circumstances stated in Subsection (2), above. Although this may be true, Petitioner has nonetheless failed to satisfy the rule provision pertaining to coursework, which is unambiguous in its language and not subject to modification here.

    
    

11. Under Subsection (1)(c), above, Petitioner must demonstrate that he has completed a supervised practicum, internship or field experience in a counseling setting. This may be done through an academic program, or outside an academic the program if it is certified by an accredited college.

    
    

12. In support of this requirement, Petitioner offered evidence of extensive field experience in counseling settings outside academic programs. However, he did not demonstrate that this experience meets the certification requirement noted above. Petitioner was afforded an opportunity subsequent to the hearing to provide certification evidence, but failed to do so.

RECOMMENDATION

Based on the foregoing, it is RECOMMENDED:

That Respondent enter a Final Order denying Petitioner's application for licensure as a marriage and family therapist by exception.

DONE and ENTERED this 27th day of May, 1983, in Tallahassee, Florida.

R. T. CARPENTER, 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 27th day of May, 1983.

COPIES FURNISHED:

Daniel D. Peck, Esquire Suite A-204, Park Square 4089 Tamiami Trail, North Naples, Florida 33940

Drucilla Bell, Esquire Department of Professional

Regulation

130 North Monroe Street Tallahassee, Florida 32301

Fred Roche, Secretary Department of Professional

Regulation

130 North Monroe Street Tallahassee, Florida 32301

Docket for Case No: 82-003142

Orders for Case No: 82-003142