STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ANN O'ROARK, )

)

Petitioner, )

)

vs. ) CASE NO. 82-3379

)

DEPARTMENT OF PROFESSIONAL )

REGULATION, BOARD OF )

PSYCHOLOGICAL EXAMINERS, )

)

Respondent. )

)

RECOMMENDED ORDER

A hearing was held in the above-captioned matter, after due notice, on January 13, 1983, at Tallahassee, Florida, before Thomas C. Oldham, Hearing Officer.

APPEARANCES

For Petitioner: Ann M. O'Roark

For Respondent: John E. Griffin, Esquire

Department of Legal Affairs Room 1601, The Capitol Tallahassee, Florida 32301

ISSUE PRESENTED

Whether Petitioner's application for licensure as a psychologist should be approved pursuant to Chapter 490, F.S.

This proceeding commenced upon the provisional denial by Respondent Board of Psychological Examiners of Petitioner's application for licensure by exception as a psychologist under Chapter 490, Florida Statutes. The denial was based on the Board's determination that Petitioner's doctoral degree was not primarily psychological in nature in that it did not reflect coursework in biological bases of behavior as required by Respondent's Rule 21U-11.05(2)(a), Florida Administrative Code. Petitioner requested an administrative hearing and the matter was referred to the Division of Administrative Hearings for the appointment of a Hearing Officer.

At the commencement of the hearing, Petitioner was advised of the procedures and her rights in an administrative hearing. She elected to represent herself ate the hearing. At the hearing, Petitioner testified in her own behalf and presented the testimony of two witnesses. She submitted two composite exhibits which were received in evidence. Respondent called one witness and submitted one composite exhibit in evidence.

Post-hearing submissions by the parties in the form of a Memorandum by Petitioner and a Proposed Recommended Order by Respondent have been fully considered and those portions thereof not adopted herein are considered to be either unnecessary, irrelevant, or unwarranted in fact or law.

FINDINGS OF FACT

1. By application dated May 6, 1982, which was received by Respondent on May 13, 1982, Petitioner Ann M. O'Roark applied for licensure by exception as a psychologist pursuant to Chapter 490, Florida Statutes. The application reflected that Petitioner received an A. B. J. degree in journalism from the University of Kentucky in 1955, a M.Ed. from the University of Florida in 1972, and a Ph.D. from the University of Florida in 1974, with a major in Foundations of Education. She was a member of Phi Beta Kappa at the University of Kentucky, and is currently a member of various psychological associations. She was licensed as a psychologist in the Commonwealth of Kentucky in 1975. She has had extensive work experience in Kentucky, Georgia, and Florida since receiving her doctorate degree, primarily in the field of educational psychology, psychological assessment and diagnostic services, organization development consultation services, and individual and group educational/developmental services. Her application reflects that she was certified as an educational psychologist, Rank A-1, by the State of Florida in 1974. (Testimony of Petitioner, Petitioner's Exhibits 1-2, Respondent's Exhibit 1)

   
   

2. By letter dated October 28, 1982, Respondent advised Dr. O'Roark that her application was denied for the reason that her doctoral transcript did not reflect coursework in biological bases of behavior, as required by Respondent's Rule 21U-11.05(2), Florida Administrative Code. The letter further provided Petitioner an opportunity to submit additional information concerning her doctoral program, and also advised her of her rights to an administrative hearing. Following the submission of further information by Petitioner, Respondent advised her, by letter dated October 28, 1982, that her application file, including the additional information submitted, had been reviewed, but the board reaffirmed its previous decision to deny the application. Petitioner thereafter requested an administrative hearing. (Respondent's Exhibit 2)

   
   

3. Rule 21U-11.05, F.A.C., provides that in order to be certified by the board as eligible for issuance of a psychology license by exception, an applicant must have received a doctoral degree from an accredited educational institution in a program that is "primarily psychological in nature." Such a program is defined in paragraph (2) of the rule as one that requires the successful completion of one course in each of six specified areas. One of these areas is "biological bases of behavior" and the rule provides examples of courses that qualify in such category as being "physiological psychology, comparative psychology, neuropsychology, and psychopharmacology."

   
   

4. At the hearing, Petitioner submitted materials concerning certain courses she had taken in her doctoral program which purportedly contained from one-fifth to one-third of the subject matter in the area of biological bases of behavior. However, none of the courses deals substantially or exclusively with the area of biological bases of behavior. Most of the courses fall within other categories specified in Rule 21U-11.05(2), F.A.C. As a matter of policy, the Board in the past has not permitted an applicant to use portions of several courses to qualify as the one course required in each of the various subject matter areas. The reason for this policy is to insure that one obtains an appreciable knowledge in each of the six specified areas. (Testimony of Petitioner, Perry, Petitioner's Composite Exhibit 2)

5. Petitioner's work as a consultant at the Albany Mental Health and Retardation Center and for the Florida Department of Transportation was characterized by officials of those organizations as very professional and successful. (Testimony of Hertwig and Kietzer)

   
   

   CONCLUSIONS OF LAW

   
   

6. Section 1, Chapter 81-235, Laws of Florida, the "Psychological Services Act," established Chapter 490, Florida Statutes. Subsection 490.013(2) provided as follows:

   
   

   490.013 Exceptions.--

   
   

   1. The department shall license as a psychologist any person who the board certifies:

      1. Has made application and paid the appropriate fee on or before December 31, 1981; and

      2. Holds a valid certificate to practice psychology issued by the Florida Psychological Association or the Florida Association of Practicing Psychologists, or has submitted proof satisfactory to the board that he has received a doctoral degree from a university or professional school accredited

   by an accrediting agency approved by the United States Department of Education in a program that is primarily psychological in nature and, subsequent to receiving such degree, has had 5 years' experience, primarily psychological. Two years' experience must be in Florida, and only 1 year of experience may be pre- doctoral.

   
   

   Section 37 of Chapter 82-179, Laws of Florida, amended the above-quoted provision to extend the time for filing application to June 30, 1982.

   
   

7. Respondent implemented the foregoing statute by its Rule 21U-11.05, Florida Administrative Code, which in paragraph (2) defined a program that is primarily psychological in nature as one that requires the successful completion of one course in each of six subject matter areas. Paragraph (2)(a) of the rule reads as follows:

   
   

   1. For the purpose of subsection (1) (b) above, the Board defines a program that is primarily psy- chological in nature as one that requires the successful completion of one course in each of the following areas:

      1. biological bases of behavior (e.g., physio- logical psychology, comparative psychology, neuro- psychology, psychopharmacology)

   
   

   Although the four courses listed as examples of those which satisfy the requirement in the area of biological bases of behavior are not necessarily exclusive. Petitioner failed to show that her doctoral program had included any of the specified courses or any other course that would otherwise qualify as one devoted exclusively or substantially to the subject of biological bases of behavior. The courses in her doctoral program which she contended met the

   board's requirement were shown to have either fallen within the other subject matter categories set forth in the rule or none of such categories. The board's past policy has been that segments of several courses cannot be used to satisfy the requirement of successful completion of one course in each of the areas.

   Otherwise, an individual could take a survey course in general psychology which would cover all areas designated in the rule, but still not have sufficient knowledge in each area to meet the proper educational requirements.

   
   

8. Although the evidence establishes that Petitioner is competent in her field and otherwise meets the requisites for licensure as a psychologist, she has not had the total coursework required by Rule 21U-11.05(2), F.A.C., and therefore her application for licensure as a psychologist by exception should be denied.

RECOMMENDATION

That Petitioner's application be denied.

DONE and ENTERED this 2nd day of March, 1983, 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 2nd day of March, 1983.

COPIES FURNISHED:

Ann M. O'Roark, Ph.D. 2904 NW 40th Place

Gainesville, Florida 32605

John E. Griffin, Esquire Department of Legal Affairs Room 1601, The Capitol Tallahassee, Florida 32301

Jane Raker, Director

Board of Psychological Examiners Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

Docket for Case No: 82-003379

Orders for Case No: 82-003379