STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ROBIN L. GOLDSTEIN, )

)

Petitioner, )

)

vs. ) CASE NO. 83-1443

)

DEPARTMENT OF PROFESSIONAL )

REGULATION, BOARD OF )

PSYCHOLOGICAL EXAMINERS, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing on September 21, 1983, in Melbourne, Florida, before the Division of Administrative Hearings and its duly appointed Hearing Officer, R.T. Carpenter. The parties were represented by:

APPEARANCES

For Petitioner: Eric R. Jones, Esquire

307 East New Haven Avenue, Number 4 Melbourne, Florida 32901

For Respondent: Randall A. Holland, Esquire

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

This matter arose on Respondent's denial of Petitioner's application for a psychologist's license by endorsement. Respondent submitted proposed findings of fact and conclusions of law. To the extent these proposed findings have not been adopted or otherwise incorporated herein, they are found to be subordinate, cumulative, immaterial, unnecessary or not supported by the evidence.

FINDINGS OF FACT

1. Petitioner applied to Respondent for a psychology license by endorsement pursuant to Section 490.006, Florida Statutes (1981), and Rule 21U- 11.04, Florida Administrative Code. Respondent denied Petitioner's application on the grounds that she does not hold a license from a state where the requirements for licensure are substantially equivalent to or more stringent than Florida's.

   
   

2. Petitioner received a B.A. in psychology from Boston University, an Ed. M. in guidance and counseling from the University of Miami and, in 1975, an Ed.D. from Boston University. The doctoral program which Petitioner graduated from was not approved by the American Psychological Association (APA).

3. Petitioner holds an active psychology license in New Jersey, issued in 1979, and an active psychology license in Massachusetts, issued in 1982.

   
   

4. Petitioner completed her application for licensure by endorsement (Respondent's Exhibit 1) and answered the following question in the negative:

   
   

   Did the applicant's doctoral program require each student to demonstrate knowledge in the following substantive areas of psychology:

   1. biological bases of behavior (e.g. phys- iological psychology, comparative psy- chology, neuropsychology, psychopharmacology),

   2. cognitive-affective bases of behavior (e.g. learning, memory, perception, cognition, thinking, motivation, emotion),

   3. social bases of behavior (e.g. social psychology, cultural, ethnic, and group processes, sex roles, organizational systems theory), and

   4. individual behavior (e.g. personality theory, human development, individual differences, abnormal psychology, psy- chology of women, psychology of the handicapped).

      
      

5. Petitioner's testimony at hearing and the statement of an official of Boston University (Petitioner's Exhibit 1) established that Petitioner's answer to the above question was correct -- that she was not required to demonstrate knowledge in the state areas.

   
   

   CONCLUSIONS OF LAW

   
   

6. Chapter 490, Florida Statutes (1981), provides in part:

   
   

   490.006 Licensure by endorsement. --

   1. The department shall license a person

      in a profession regulated by this chapter who, upon applying to the department and remitting the appropriate fee, demonstrates to the depart- ment or, in the case of psychologists, to the

      board that he holds a valid license or certificate in another state to practice the profession for which licensure is applied, provided that, when the applicant secured such license or certificate, the requirements were substantially equivalent

      to or more stringent than those set forth in this chapter.

      
      

7. Respondent contends that the application for licensure by endorsement must be denied since the requirements of New Jersey and Massachusetts were not "substantially equivalent" to those of Florida.

   
   

8. The substantial equivalency test is established by Respondent in Rule 21U-11.04, Florida Administrative Code, which provides in part:

   
   

   1. [A]n applicant must demonstrate

   to the board's satisfaction that at the time

   the applicant was originally licenses as a psychologist in another state, that state required and the applicant satisfied, the following requirements for licensure:

   (a) A doctoral degree with a major in psychology from a university or professional school that has a program approved by the American Psychological Association or a doctoral degree in psychology from a university or professional school maintaining a standard of training comparable to those universities having programs approved by the American Psychological Association or the doctoral

   psychology programs of the state universities . . .

   
   

9. The above provision requires the applicant for licensure by endorsement to hold a degree from an institution with an American Psychological Association (APA) approved program or a comparable program. Since Petitioner's doctoral program was comparable.

   
   

10. The above-cited rule provision continues as follows:

    
    

    1. . . . For the purpose of determining whether an applicant's doctoral degree in psychology was received from a university or professional school maintaining a stan- dard of training comparable to those universities having programs approved by the American Psychological Association the Board will apply the following criteria:

* * *

1. . . . Further, the program shall require each student to demonstrate knowledge in the following substantive areas of psychology:

   1. biological bases of behavior (e.g. phys- iological psychology, comparative psychology, neuropsychology, psychopharmacology),

   2. cognitive-affective bases of behavior (e.g. learning, memory, perception, cognition, thinking, motivation, emotion),

   3. social bases of behavior (e.g. social psychology, cultural, ethnic, and group processes, sex roles, organizational and systems theory),

      and

   4. individual behavior (e.g. personality theory, human development, individual dif- ferences, abnormal psychology, psychology of women, psychology of the handicapped).

      
      

2. Petitioner's negative answer on her application (Respondent's Exhibit

1) to the precise question established that she was not required to demonstrate the requisite knowledge. Her application for licensure by endorsement must therefore be denied.

RECOMMENDATION

Based on the foregoing, it is RECOMMENDED:

That Respondent enter a final order denying Petitioner's application for licensure by endorsement.

DONE and ENTERED this 13th day of December, 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 13th day of December, 1983.

COPIES FURNISHED:

Eric R. Jones, Esquire

307 E. New Haven Ave., #4 Melbourne, Florida 32901

Randall A. Holland, Esquire Department of Legal Affairs Room 1601, The Capitol Tallahassee, Florida 32301

Jane Raker, Executive Director Board of Psychology Department of Professional

Regulation

130 North Monroe Street Tallahassee, Florida 32301

Fred M. Roche, Secretary Department of Professional

Regulation

130 North Monroe Street Tallahassee, Florida 32301

Docket for Case No: 83-001443

Orders for Case No: 83-001443